Welcome to the Town and Village of Located in Orange County

[HISTORY: Adopted by the Town Board of the Town of Woodbury 4-15-1999 by L.L. No. 6-1999. Amendments noted where applicable.]

GENERAL REFERENCES
Appearance tickets — See Ch. 5.
Fire prevention — See Ch. 154.

The Town Board of the Town of Woodbury hereby finds that standards and controls regarding intrusion, fire, holdup and other emergency signal devices or protective services are necessary to safeguard the public health, safety and welfare and that such standards and controls will afford greater emergency protection to the public, will expedite emergency communication and response, will facilitate coordination of emergency procedures and identification of persons and devices engaged in providing such procedures, will minimize false alarms and other misleading or confusing signals and will encourage the use of reliable systems and personnel to facilitate emergency services available to the public.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

ALARM DEVICE (POLICE, FIRE AND MEDICAL EMERGENCY) — Any device which, when activated, transmits a prerecorded message or other signal by telephone, radio or central alarm station designed to notify the Police Department, Fire Department or ambulance requiring their respective emergency response.

ALARM REGISTRANT — Any person, business, firm, corporation or other entity which is in the business of owning, operating, maintaining, installing, leasing or selling a police, fire or medical emergency alarm device or devices, registered pursuant to the requirements of the Code of the Town of Woodbury.

ALARM REGISTRATION — The registration by the Town of Woodbury of any person engaged in the business of installing and/or servicing police, fire or medical emergency alarm devices in the Town of Woodbury pursuant to the provisions of the Code of the Town of Woodbury.

AUTOMATIC DIAL ALARM — Any police, fire or emergency medical alarm device which is a telephone device or telephone attachment that automatically or electronically transmits a signal to preselected telephone lines connected to signal to a central alarm station or police headquarters and communicates a report of a criminal act or other emergency requiring police, fire or medical emergency response.

CENTRAL ALARM STATION — Any facility operated by a private firm that owns or leases a system of police, fire or medical emergency alarm devices, which facility is manned by operators who receive, record or validate alarm signals to the Police Department, Fire Department or ambulance service when appropriate.

DIRECT CONNECTION — Any alarm device which transmits a signal or impulse over a telephone line to the alarm indicator panel at police headquarters.

ENFORCEMENT AUTHORITY — The Police Department of the Town of Woodbury.

FALSE ALARM — Any signal actuated by an alarm device or system of police, fire or medical emergency alarm devices which is not the result of a natural disaster, act of God, criminal act, fire or other services response. The term "false alarm" shall include human error or equipment malfunction causing the alarm to be activated and which results in police or fire response.

PUBLIC NUISANCE — Anything which annoys, injures or endangers the comfort, repose, health or safety of any person(s) of any community or neighborhood.

REGISTRATION AUTHORITY — The Town Clerk of the Town of Woodbury.

SMOKE AND/OR HEAT DETECTOR — Any device which, when activated by fire or smoke or other emergency, is designed to alert only the occupants of the building to said emergency.

It shall be a violation of this chapter for any automatic dial alarm to be directly connected to the emergency telephone line of the Police Department and/or Fire Department and/or ambulance service. Any such automatic dial alarm may be connected to a central alarm station or other answering service for notification of the appropriate service. Existing systems in violation of this section shall have 90 days from the effective date of this chapter to convert or make the necessary change in compliance therewith.

It shall be a violation of this chapter for any police, fire or medical emergency alarm device to be directly connected to the Police Department and/or Fire Department and/or ambulance service. Any such police, fire or medical emergency device may be connected to a central alarm station or other answering service for notification to the appropriate service. Existing systems in violation of this section shall have 90 days from the effective date of this chapter to convert or make the necessary change in compliance therewith.

All alarm systems shall be equipped with a device which will give an indication, prior to alarm system activation, which warns the alarm user of an open circuit.

No person shall install, cause to be installed, maintain or cause to be maintained in a structure, building or establishment in the Town of Woodbury an external audible police, fire or medical emergency alarm device which does not also contain an automatic cutoff system or feature automatically cutting off the source of power to the alarm sounding device after it has sounded for a period of not longer than 30 minutes.

Upon receiving complaint(s) regarding a continuous uninterrupted or continuously recurring signal, the Police Department shall endeavor to contact the alarm user or those persons designated by the alarm user as contacts, in an effort to abate the nuisance. In the event that the Police Department is unable to contact the alarm user or those designated as contacts, or if the aforesaid persons cannot or will not curtail the audible signal being emitted by the alarm system, and if the Police Department or otherwise is unable to abate the nuisance, then the Police Department shall contact the alarm installer.

After an entry upon the property has been made in accordance with this section, the Police Department shall have the property secured, if necessary. The reasonable costs and expenses of abating a nuisance in accordance with this section may be assessed to the alarm user.

It shall be the obligation of any person maintaining an alarm system to provide the Police Department and/or the Town Clerk with a minimum of two persons to be contacted with the authority to enter the premises for the purpose of securing and restoring said alarm system, when necessary.

Application for registration shall be made as follows:

A.	All businesses, firms, corporations or other entities which are in the business of owning, operating, maintaining, installing, leasing or selling an alarm device or devices or systems of alarm devices, who desire to conduct business in the Town of Woodbury, shall apply to the Town Clerk to register on a form to be supplied by the Town Clerk. The application shall contain specific provisions relating to the quality, efficiency and effectiveness of the device or system of devices owned or to be operated, maintained, installed leased or sold by the applicant, testing procedures involved and any other information the Town Clerk shall determine to be reasonably necessary to effectuate the purpose of this chapter. Such registration shall for a one-year period, on a calendar-year basis or a part thereof, and no registration shall extend beyond December 31 of each year.
B.	Any person who is to be alarm agent in the Town of Woodbury, before acting as such alarm agent, shall register as an alarm agent. The application shall be made to the Town Clerk on a form to be supplied by the Town Clerk. The application shall contain specific provisions relating to fire and police alarm device or devices, holdup alarms, dial alarms or any other alarm installations and devices which are to be sold, leased, installed, operated or maintained by the alarm agency, the skill and competency of the applicant as an alarm agency and such other information as the Town Clerk determines to be reasonably necessary to effectuate the purpose of the chapter. No registration shall extend beyond December 31 of each year. In addition to the aforesaid registration, the applicant shall file with the Town Clerk the license issued by the New York State Department of State pursuant to the New York State Business Law, Article 6-D. Editor's Note: See General Business Law Article 6-D.
C.	Any property owner or lessee of property in the Town of Woodbury, having on its premises an alarm device or system of alarm devices, shall apply to the Town Clerk on a form to be supplied by the Town Clerk to register such a device on its premises. The application shall contain provisions relating to the device or system of devices installed or to be installed on the premises. Applications to register alarm devices existing on the premises on the effective date of this chapter must be made to the Town Clerk by such date as shall be fixed by resolution of the Town Board. No such devices may be installed on the premises of the owner or lessee, after the effective date of this chapter, prior to the registration by such owner or lessee. Such registration need not be filed on an annual basis but shall be so registered each time a device or system is to be installed or modified or if the premises are sold or if a new lessor leases the premises. The owners of small battery-operated alarms shall be exempt from this chapter.
D.	Fees. Registration fees shall be such as shall be fixed from time to time by resolution of the Town Board.

All applications for registration shall be filed with the Town Clerk. Said registration shall include a description of the police, fire or medical emergency alarm device, devices or system of police, fire or medical emergency alarm devices installed, maintained or to be installed and such other information as shall be required for registration.

All holders of holdup, panic, medic alert, smoke and fire alert devices shall be required to provide written authorization to the Police Department, Fire Department and ambulance service to forcibly enter the premises for the purpose of verifying the validity of the emergency condition.

The fee for registration shall be established by resolution of the Town Board.

Under no circumstances shall the cost of any police, fire or medical emergency alarm device, devices or system of police, fire or medical emergency alarm devices and the maintenance of the same be charged to the Town of Woodbury, its Police or Fire Department and/or ambulance service. The owner or lessee of such police, fire or medical emergency alarm devices shall be solely responsible for the service of his or her police, fire or medical emergency alarm devices and/or correcting any malfunction of the same that may occur.

The designation of a false intrusion alarm will be determined by the Officer in Charge of the Police Department. The designation of a false fire alarm will be determined by the Chief of the Fire Department, and the designation of a false medical alarm will be determined by the Director of the Ambulance Corps.

The Officer in Charge of the Police Department shall cause to be kept an up-to-date and accurate log of all false intrusion alarms and the Chief of the Woodbury Fire Department shall cause to be kept an up-to-date and accurate log of all false fire alarms, and the Director of the Ambulance Corps shall cause to be kept an up-to-date and accurate log of all false medical alert alarms. These logs shall be transmitted to the Town Clerk on a monthly basis.

Any owner or lessee of property having a police, fire or medical emergency alarm device on his premises shall pay to the Town Clerk, upon demand, a charge for each and every false alarm occurring on his premises in any alarm permit year as follows:

	Number of False Alarms	Commercial or Residential Fee
	1	$0
	2	$50
	3	$100
	4	$250
	5	$350
	Each after 5	$500
	Each after 10	$600

Any failure by such owner or lessee to pay the aforementioned charges within 30 days on demand therefor shall be deemed a violation of this chapter in accordance with the provisions of § 78-19 of this chapter.

The Town Clerk is hereby authorized as the registering authority pursuant to rules and regulations promulgated by the Town of Woodbury.

All police, fire and medical emergency registration fees, false alarm charges and penalties imposed by the Town of Woodbury Justice Court shall be collected by the Town Clerk. False fire alarm charges shall be remitted 35% to the Woodbury Fire District and 65% to the town.

In order to implement the orderly institution of all the requirements of this chapter, the owners or lessees of any police, fire or medical emergency alarm device, devices or systems currently in use and required under the provisions of this chapter to register shall do so no later than 60 days from the effective date of this chapter. Any police, fire or medical emergency alarm devices currently in use which would be prohibited under the provisions of this chapter must be removed no later than 120 days from the effective date of this chapter.

A.	None of the provisions of this chapter shall apply to police, fire or medical emergency alarm devices installed in town-owned buildings, motor vehicles or trailers or to smoke and/or heat detectors and Fire Department buildings.
B.	The Town of Woodbury shall take every reasonable precaution that alarm signals received by the Town are given appropriate and immediate attention. Nevertheless, the Town shall not be liable for any defects in operation of any police, fire or medical emergency alarm devices for failure to respond appropriately on any alarm signal or for the transmission of alarm signals or messages.

Except as otherwise provided for herein, any person, business, firm, corporation or other entity who does not pay any fee or charge established in this chapter or who violates any provisions of this chapter shall be subject to a fine not in excess of $250 or imprisonment for 15 days, or both, for each offense. A separate offense shall be deemed committed upon each day during which a violation occurs or is committed.

[Amended 7-18-2002 by L.L. No. 5-2002]

Any violation of this chapter shall be enforced by the Woodbury Police Department in conjunction with the Town Clerk and Town Attorney. Upon receipt of a false alarm notice from the Town Clerk, any individual or entity may contact the office of the Woodbury Police Department to dispute the initial finding of a false alarm. If unable to resolve the false alarm in this manner, the individual may elect to pay the fine or be served with a summons or appearance ticket. Upon the return on the summons or appearance ticket in the Woodbury Justice Court, they will have the right to be heard, request a trial or exercise any other rights as provided by law.

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

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

The Town Board of the Town of Woodbury finds that the transporting of alcoholic beverages in open containers on any public highway, in public parking lots or land owned by the Town of Woodbury, except under certain conditions hereinafter set forth, is detrimental to the health, safety and welfare of the citizens of the Town of Woodbury, causes unsightly and unsanitary conditions and creates a nuisance.

A.	It shall be unlawful for any person to have, possess, carry or transport liquor, wine, beer or other alcoholic beverages in open containers while such person is on any public highway, in any public parking lot or on any lands owned by the Town of Woodbury.
B.	As used in this article, a public parking lot is a parking area for one or more vehicles designed to be used by patrons of any commercial, industrial, professional or eleemosynary place of business, including but not limited to such enterprises as may be duly licensed for the sale and consumption of alcoholic beverages on the premises.

The presence of an open container containing an alcoholic beverage within a motor vehicle shall be presumptive evidence that said container is in the possession of all persons occupying said vehicle.

This article shall not apply to any fair, picnic area or other community gathering for which special permission has been granted by the Town Board of the Town of Woodbury or the Woodbury Park and Recreation Commission and/or for which a special license has been issued by the New York State Alcoholic Beverage Control Board.

Application for the special permission shall be made in writing and signed by the parties seeking same, which writing shall be submitted to the Town Board and/or the Park and Recreation Commission not less than 15 days prior to the date for which the special permission is sought. The Town Board and/or the Park and Recreation Commission shall grant the special permission, provided that it determines that it is in the best interests of the residents of the Town of Woodbury to do so, and further provided that it determines that the sponsors of the fair, picnic or other community gathering have taken reasonable steps to protect the health, safety and welfare of the residents of the Town of Woodbury and to prevent unsightly and unsanitary conditions and the creation of a nuisance.

[Amended 5-1-1980 by L.L. No. 6-1980]

A violation of this article shall constitute an offense and shall be punishable as follows: not more than $50 for a first violation; not more than $75 for a second violation; not more than $100 for the third violation; and all subsequent violations shall be punishable by a fine not exceeding $250.

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

The penalty for the offense of owning or harboring dogs within the Town of Woodbury which are not licensed as required by the Agriculture and Markets Law shall be a fine not to exceed $10.

The owner, possessor or person harboring any dog, whether licensed or not, or other domestic animal, fowl or bird shall not allow it to run at large in any public street, highway or road or other public place unless it shall be effectively restrained by a chain, rope or leash which, in the case of a dog, shall not exceed six feet in length and, in the case of any other domestic animal, fowl or bird, shall not exceed 10 feet in length and unless it shall be attended by a person of adequate age and discretion to control it. Such owner, possessor or harborer shall not allow any such dog, animal, fowl or bird to run at large upon premises owned or occupied by any other person without permission of such owner or occupant. Any person owning or harboring any such dog or other domestic animal, fowl or bird for a week prior to the filing of a complaint shall be regarded as the owner thereof for purposes of this article. If any such dog or other domestic animal, fowl or bird is owned by a child under the age of 18 years, the head of the household shall be deemed to have custody and control thereof and shall be responsible for any violations of this article relating thereto.

Such owner, possessor or harborer and such head of household shall not allow any such dog, animal, fowl or bird to disturb the comfort and repose of any person by continued or frequent noise or otherwise to disturb the peace. No penalty shall be inflicted for a violation of this section of this article unless such violation shall continue after written complaint shall have been made to the Town Clerk and notice of such complaint shall have been given by him to such owner, possessor, harborer or head of household.

[Added 9-7-1978 by L.L. No. 6-1978]

On the effective date of this section, the owner of any dog then six months of age or older shall immediately make application for a dog license. After such an effective date, the owner of any dog reaching the age of six months shall thereupon make such application. No license shall be required for any dog which is under the age of six months and which is not at large. A license shall be renewed on an annual basis prior to the expiration date, and in no event shall any license be valid for less than one year.

Application for a dog license shall be made to the Town Clerk of the Town of Woodbury and shall be accompanied by an annual fee for each dog licensed, as follows: [Amended 9-20-1979 by L.L. No. 7-1979; 12-5-1991 by L.L. No. 11-1991; 4-18-2002 by L.L. No. 2-2002]

(1)	For each dog licensed: $5. Such fee shall be made payable to the Town of Woodbury. Any New York State licensing fee would be in addition to the Town fee.
(2)	For a purebred license for no more than 10 dogs: $25.
(3)	For a purebred license for no more than 25 dogs: $50.
(4)	For a purebred license for more than 25 dogs: $100.

There shall be no fee for a license issued for any guide dog, war dog or police work dog.

Penalties for violation of this article shall be as follows: [Amended 6-16-1977 by L.L. No. 10-1977; 12-6-2001 by L.L. No. 5-2001]

(1)	Not more than $50 for a first violation.
(2)	Not more than $75 for the second violation.
(3)	Not more than $100 for the third violation and all subsequent violations.

These penalties may be recovered in a civil action in the name of such town. [Amended 6-16-1977 by L.L. No. 10-1977]

Each day during which a dog or other animal, fowl or bird shall be allowed to run at large or make noise contrary to the provisions of this article shall be deemed a separate offense.

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

A.	Where a violation of this article exists, the Dog Warden may issue an appearance ticket pursuant to the Criminal Procedure Law, § 150.20, and such appearance ticket may be answered by registered or certified mail, return receipt requested, within five days of the violation, as hereinafter provided, in lieu of personal appearance on the return date at the time specified in said appearance ticket in the Justice Court of the Town of Woodbury.
B.	If a person charged with a violation admits to the violation as charged in the appearance ticket, he may complete the appropriate form authorized by this article and forward such form and appearance ticket to the office of the Town Justice of the Town of Woodbury, together with a check or money order in the amount of the penalty for the violation as charged as shown on the schedule of penalties shown on the appearance ticket.
C.	If the person charged with the violation denies any or all of the violation as charged in the appearance ticket, he may complete the appropriate form prescribed for that by the Town of Woodbury and forward such form and appearance ticket, together with security in the amount of $15, to the office of the Town Justice of the Town of Woodbury. Upon receipt, the Town Justice of the Town of Woodbury shall enter such answer and shall schedule a new return date and notify such person by return mail of the date and time of such return date, and upon appearance before the Town Justice, the security shall be returned. If a person shall fail to appear on the return date, the security posted to secure such appearance shall be forfeited, and a summons or a warrant may be issued pursuant to the Criminal Procedure Law, § 120.20.

The Town Board, in cooperation with its Dog Control Officers, shall maintain a dog shelter on Schunnemunk Road wherein dogs that normally run at large and are seized by the Dog Control Officers are maintained. It has become increasingly evident to the Dog Control Officers that many animals are being abandoned by owners who no longer want the responsibility of caring for their animals. Such animals are abandoned not only outside the town's animal shelter but throughout the town. It is, therefore, the Town Board's intent to adopt legislation prohibiting such animal abandonment and to impose substantial penalties for violators in an effort to discourage such abandonment within the Town of Woodbury.

As used in this article, the following terms shall have the meanings indicated:

ABANDONMENT — To discard, to tie or to leave any animal anywhere in the Town of Woodbury without proper authorization; to fail to redeem any animal from the shelter after being properly notified; or to sign a false statement to discard any animal.

It shall be illegal for anyone to abandon a dog or any other animal at the Woodbury Animal Shelter or any other place in town.

Provisions of this article are to be enforced by the Town Police Department and Town of Woodbury Dog Control Officers, who are hereby authorized to issue appearance tickets for alleged violations.

A violation of this article shall be punishable by a fine of not less than $250 nor more than $500, together with any and all costs incurred by the Dog Control Officers in picking up abandoned dogs or other animals and housing them at the Woodbury Animal Shelter.

The Town Board, in cooperation with the Dog Control Officers, wishes to adopt reasonable impoundment and boarding fees to reflect the increase in maintaining the town's dog shelter on Schunnemunk Road. The Dog Control Officers have made recommendations to the Town Board based upon their experience in impounding and boarding dogs relating to the expenses that are incurred.

The following are fees for impoundment and boarding of dogs:

Annual impoundment fees shall be as follows:

(1)

Per dog: [Amended 12-6-2001 by L.L. No. 5-2001]

(a)	First impoundment: $35.
(b)	Second impoundment: $45.
(c)	Third impoundment: $55.

(2)

If the owner of any dog has more than one dog impounded, each dog that is picked up shall be considered a second offense, and the owner shall be subject to paying the above-entitled fees for each of the dogs.

Boarding fees, per dog, shall be as follows:

(1)

First week:

(a)	First day: $5.
(b)	Second day: $10.
(c)	Third day: $15.
(d)	Fourth day: $20.
(e)	Fifth day: $25.
(f)	Sixth day: $30.
(g)	Seventh day: $35.
(h)	First week's total: $140.

(2)

After the first week, the boarding fee shall be $50 per day for each day the dog remains at the town's shelter.

As used in this article, the following terms shall have the meanings indicated:

OWNER — Includes every person having a right of property in a dog and every person who has a dog in his care, custody or control or is in charge of a dog.

No owner shall allow any dog to defecate on or commit any nuisance on any private property or public road or any Town-owned lands, including but not limited to Town parks, Town sidewalks and Town parking lots. The restriction in this section shall not apply to the paved portion of any Town road, provided the owner removes the feces defecated by the owner's dog immediately and disposes of the feces by flushing the same down a sanitary sewer system.

Any person who shall violate any of the provisions of this article shall, upon conviction, be deemed to have committed an offense and shall be punishable by a fine not exceeding $100.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 9-21-1959, as amended through 4-8-1963. Subsequent amendments noted where applicable.]

It shall be lawful for any authorized organization, as defined in § 476 of the General Municipal Law, upon obtaining a license required by Article 14-H of the General Municipal Law, to conduct the game of bingo within the territorial limits of the Town of Woodbury, subject to the provisions of this chapter and the provisions of Article 14-H of the General Municipal Law and Article 19-B of the Executive Law.

Each applicant for a license shall file with the Clerk of the Town of Woodbury an application therefor, in accordance with the provisions of § 480 of the General Municipal Law, containing the information required by such section. The Town Board shall make an investigation of the qualifications of each applicant and the merits of the application as required by § 481 of the General Municipal Law, and it shall issue licenses as provided by said section upon payment of license fees of $10 for each occasion upon which any game of chance is to be conducted under such license.

No person, firm, association, corporation or organization other than a licensee under the provisions of Article 14-H of the General Municipal Law shall conduct such game or shall lease or otherwise make available for conducting bingo a hall or other premises for any consideration whatsoever, direct or indirect.

No bingo games shall be held, operated or conducted on or within any leased premises if rental under such lease is to be paid, wholly or partly, on the basis of a percentage of the receipts or net profits derived from the operation of such game.

No authorized organization licensed under the provisions of Article 14-H of the General Municipal Law shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of bingo games from other than a supplier licensed under the Bingo Control Law or from another authorized organization.

The entire net proceeds of any game of bingo and of any rental shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.

A.	No prize shall exceed the sum or value of $250 in any single game of bingo.
B.	No series of prizes on any one bingo occasion shall aggregate more than $1,000.

A.	No person except a bona fide member of any authorized organization shall participate in the management or operation of such game.
B.	No person shall receive any remuneration for participating in the management or operation of any game of bingo.

The unauthorized conduct of a bingo game and any willful violation of any provision of this chapter shall constitute and be punishable as a misdemeanor.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 11-4-2004 by L.L. No. 6-2004. Editor's Note: This local law also repealed former Ch. 92, Bonding: Subdivisions and Site Plans, adopted 4-6-1995 by L.L. No. 4-1995. Amendments noted where applicable.]

Intent. It is the intent of this chapter to provide for orderly development and for the general health, safety and welfare of the residents of the Town of Woodbury by establishing a procedure to guarantee improvements shown on approved subdivisions and site plans will be completed satisfactorily. The intent of requiring performance guarantees from developers shall be to protect the Town and its residents from the failure of developers to complete needed infrastructure shown on approved plans or required by law for the safety and appearance of the Town. The intent of the Town Board is to provide a flexible means of bonding through completion of infrastructure or bonding improvements coupled with phasing limitations for larger developments to enable the Town to be developed in a more orderly fashion. The intent of the Town Board is to establish a procedure for bonding that will protect the Town while still providing an attractive and competitive environment for developers, thereby encouraging high-quality development with a variety of housing opportunities for the Town's residents.

Findings.

(1)	For many years, the Town Board was confronted by problems in residential and commercial projects where a developer failed to complete certain phases of plans approved by the Woodbury Planning Board. Consequently, the Town Board in 1968 adopted a procedure that required, as a condition of final approval, the entire infrastructure, with some exceptions, to be completed before building permits could be issued. While this procedure insured the installation of public improvements before homes could be built and residents could occupy developments, it did not prevent the sale of units nor did it protect purchasers since the Town held no security on the improvements.
(2)	The Town Board believes security for project completion of public improvements should be held from the outset of the development and that a substantial portion of the bond should be in the form of cash. Under such an arrangement, the Town will be protected from the project beginning and will have substantial cash to complete installation of public improvements without the necessity of legal proceedings to enforce a performance bond. Since most developments that fail do so in the middle to latter stages of development, a cash portion of 25% of the development should be sufficient to protect the Town in most cases with the umbrella of a surety bond protecting the remainder.
(3)	The Town has experienced problems from construction impacts, primarily on adjacent properties, when developers extended construction limits beyond what they can reasonably control in terms of soil erosion, runoff and other development conditions. The Town Board believes that the bonding of projects should be coupled with appropriate phasing as determined by the Planning Board through the State Environmental Quality Review Act (SEQRA) Editor's Note: See Environmental Conservation Law Art. 8. review process. The purpose of phasing is to avoid accelerated development of residential units greatly exceeding the capacity of the developer's infrastructure to protect the site and adjacent area.
(4)	The Town Board has considered the impact the simultaneous development of housing units and infrastructure might have on buyers if developers fail to properly schedule their work. While the Town Board is aware that simultaneous construction can result in personal hardship for purchasers of property if required infrastructure is not available at the time of residential closings, this is a condition that already exists and is under the control of the private developer and the buyer, not the Town. The Town Board has no control over arrangements between the developer and the buyer. The current procedure of requiring infrastructure to be completed prior to issuance of certificates of occupancy has resulted in closings occurring considerably in advance of completion of required infrastructure. The Town Board believes a more effective method of insuring this scheduling is by reasonable control of developers through appropriate project phasing.
(5)	The Town has no ability, short of completing site improvements itself, to adequately safeguard project sites where developers fail to complete required public improvements even when financial security is in place. The Town has no desire to act as a developer but does desire to return uncompleted project sites to a safe, secure and stable condition. In the case of site plans, where improvements are for the use of the public but are to remain private and large portions of the site are to be disturbed, the Town Board believes a more meaningful bonding requirement at the initial stages of construction is through a restoration bond. This is simply intended to guarantee the site can be restored to a stable condition should the developer fail to complete the work. Under such a failure, the Town would have no interest in completing the site plan work; it would just need to stabilize the site and make it as free of safety issues as is reasonably possible. Although phasing should protect the Town for subdivisions, restoration bonds might also apply to subdivisions on special occasions as determined by the Planning Board through the SEQRA process.
(6)	Finally, the Town Board believes all public improvements, i.e., improvements necessary to protect the health, welfare and safety of the residents of the Town of Woodbury, should be subject to the same procedures and should require the same financial security.

Determinations.

(1)	It is the determination of the Town Board that, where infrastructure improvements are not completed prior to the issuance of building permits, the projected cost of all public improvements must be fully secured by either cash, letter of credit or by a combination of these with a performance guarantee issued by a surety company in the amounts and forms described in detail in this chapter. Additionally, a portion of that security or substitute security should be held for a reasonable period to insure proper maintenance of public improvements from hidden or latent defects appearing within a reasonable time.
(2)	Furthermore, it is the determination of the Town Board that, where public improvements are not properly or timely completed, authorization is needed to use the financial security posted by that developer to either complete the improvements or to safeguard the site and protect the health, welfare and safety of the residents of the Town.
(3)	It is the further determination of the Town that, to protect the public interest, developers may be required to enter into agreements with the Town which shall identify public improvements, provide a schedule for completion, provide appropriate financial security and provide for the Town to complete the improvements, or provide appropriate safeguards at the project site, pursuing either alternative should a developer fail to timely or properly complete such improvements.

For the purpose of this chapter, the following terms shall have the meanings indicated:

DEVELOPER — Any applicant, builder, or developer seeking site plan, special use or subdivision approval or implementation of an approved plan secured by others. This may be the owner, contract vendee, managing agent, etc., and shall include the agents of applicants and all successors in interest.

DEVELOPER'S AGREEMENT — A written agreement entered into between a developer and the Town which provides a schedule for the completion of public improvements required by the Planning Board as part of its approval and which provides for the deposit of a certain amount of performance security with the Town in escrow to secure installation of required public improvements.

MAINTENANCE BOND — Any written and executed guaranty, obligation or promise to maintain, repair or replace any public improvement previously installed or constructed within a fixed period of time from the date when such public improvements were accepted for dedication by the Town, whether made by a surety or bonding company, a developer or any other third party.

OWNER — The owner of any real property located within the Town that is the subject of a performance bond required by any local law or ordinance of the Town.

PERFORMANCE BOND — Any written and executed guaranty, obligation or promise, made by an owner or developer of property who has received site plan, special use or subdivision approval from the Planning Board to install public improvements required by the Planning Board or to perform other required acts that may be required by the Planning Board pursuant to plan approval, Town Board or any local law or ordinance of the Town.

PERFORMANCE BOND ESTIMATE — The estimate of the Town Engineer of the full costs of the installation of such public improvements or requirements guaranteed or promised by the performance bond, including any safety factors applicable under this chapter.

PLANNING BOARD — The Planning Board of the Town.

PUBLIC IMPROVEMENT — Any street, roadway, curb, gutter, sidewalk, parking lot, retaining wall, water main, fire hydrant, sanitary pipe, sanitary waste disposal facility or structure, storm drain, retention or detention pond, wetland restoration facility, street signs, streetlights, trees, seeding, sodding, tree planting, landscaping improvement, survey monuments, or any other public facility or requirement of the Planning Board or any local law or ordinance of the Town identified or characterized as a public improvement as part of an approved plan in order to protect the public health, safety and welfare.

RESTORATION BOND — Any written and executed guaranty, obligation or promise, made by an owner or developer of property who has received site plan, special use or subdivision approval from the Planning Board, to restore a site to a safe, secure and stable condition, in the event that public improvements have not been properly or timely completed as required by said approval.

RESTORATION BOND ESTIMATE — The estimate of the Town Engineer of the likely cost of restoring a site which has received site plan, special use or subdivision approval from the Planning Board to a safe, secure and stable condition, in the event that public improvements have not been properly or timely completed, based upon the nature of the project, the nature of the required public improvements and the likely dangers presented in the event a project is started but not completed. The estimate shall be based on a worst-case scenario.

The following is a general list of public improvements for standard subdivision and site plans which identifies the improvements which shall be permitted to be constructed after certificates of occupancy have been issued:

No.	Item Description	Prior to Certificates of Occupancy	After Certificates of Occupancy Issued
1	Mobilization and general conditions	X
2	Clearing site/demolition	X
3	Excavation	X
3A	Roadway excavation (existing road)	X
3B	Roadway excavation (new road)	X
3C	Parking lot excavation	X
4	Class I roadway
4A	Subbase	X
4B	Base course	X
4C	Top course		X
4D	Parking lot	X
4E	Striping	X	X (with temporary)
5	Storm drainage
5A	Drainage pipe and culverts	X
5B	Drainage inlets	X
5C	Sedimentation basin	X
5D	Soil erosion control	X
6	Sanitary sewer
6A	Gravity sanitary sewer	X
6B	Sewer force main	X
6C	Sewer service connections	X
6D	Sewage pump station	X
6E	Treatment plant improvements	X	X (punch list)
7	Manholes and inlets
7A	Precast sanitary/storm manholes	X
7B	Reset inlets and manhole covers		X
8	Water service
8A	Water main and valves	X
8B	Hydrant installations	X
8C	Water service connections	X
8D	Water treatment plant improvements
9	Landscaping
9A	Topsoil and seed		X
9B	Shade trees		X
9C	Other landscaping		X
10	Concrete curb	X
11	Sidewalk		X
12	Guide rail	X
13	Streetlighting		X
14	Monumentation		X
15	Cleanup and demobilization		X

A.	Notwithstanding the above general list, the Building Inspector, with the advice of the Town Engineer, may refuse the issuance of certificates of occupancy if, in his opinion, a safety hazard would be created.

The developer shall complete all required improvements or post the required performance bond before any building permits for dwellings will be issued. The performance bond shall be delivered to the Town, conditioned that the developer will faithfully cause to be constructed and completed within a reasonable time the required public improvements and convey the required lands and improvements to the Town free and clear of encumbrances. Any performance or restoration bond required shall cover the full amount of the performance and restoration bond estimates as more precisely set forth below. All public improvements shown on the approved site plan or subdivision plat or required by law to provide the improvements in a complete and safe manner shall be secured through the performance bond. Restoration bonds shall be provided for site plans and for any other projects, including subdivisions when required by the Planning Board. Bonds shall secure installation of the public improvements or other requirements guaranteed or promised by such performance and restoration bonds. The bond shall be satisfactory in form to the Town Attorney and with surety acceptable to the Town Board. At least 25% of the bond amount shall be in cash or its equivalent. There shall be deposited with the Town Clerk, by the owner or developer, prior to the issuance of a building permit for any site work, a performance guarantee which shall be either all cash, irrevocable letter of credit or certified check payable to the Town, or a surety or bonding company having a minimum rating of "A" by A.M. Best or a similar credit rating agency, for 75% of the bond, with the remainder in cash. The amount of the bond shall be based on an estimate of the work as prepared by the Town Engineer, which shall be increased by a multiplier as provided in the following schedule:

Engineer's Estimate	Multiplier	Bond Amount
$0 to $100,000	2.0	Up to $200,000
$100,001 to $500,000	1.5	Up to $750,000
Greater than $500,000	1.3	From $650,000

The first 25% of the bond shall be in the form of cash, with a minimum of $20,000 to be posted with the Town Board and the balance of the performance or restoration bond secured by the developer in a form approved by the Town Board and the Attorney for the Town with a surety or bonding company, having a minimum rating of "A" by A.M. Best or a similar credit rating agency or its equivalent of marketable securities guaranteeing final completion of the public improvements. The duration of the bond shall be determined by the Town Engineer and Building Inspector, which performance bond shall be reviewed on the anniversary date each year to determine whether or not there is a sufficient amount in the bond to complete the infrastructure. Where the bond is insufficient due to an increase in the cost of completing the improvements, then the developer shall, prior to the issuance of any additional certificates of occupancy, increase the performance bond to guarantee the completion of the improvements that are the subject matter of the punch list prepared by the Building Inspector and the Town Engineer.

Developer's agreement. In addition to the security, an executed developer's agreement shall be filed with the Town Clerk, if the Town Board believes such agreement would be in the Town's interest considering the nature and scope of the project.

A.	Any cash deposited under authority of this chapter shall be deposited by the Town Supervisor in a separate interest-bearing account in a Town depository and shall be disposed of only as herein provided. In the event that the improvements or other requirements guaranteed by the performance bonds are not installed or constructed as required by this chapter or a developer's agreement or should a developer cease working for an unreasonable period of time, thereby leaving the site in an unsafe or unsightly condition, then, upon resolution of the Town Board and without the necessity of further legal proceedings, said cash sums, together with any accrued interest thereon, shall be withdrawn from such account by the Town Supervisor and shall be used by the Town Supervisor toward either the cost of satisfactorily completing the public improvements required under the approval or the cost of restoring the site to a safe, secure and stable condition. If the cash funds are insufficient, the Town may seek recourse from the security or may seek such action first or simultaneously, as the Town deems most appropriate to protect the health, safety and welfare of the Town. If there are any surplus funds remaining after such withdrawal and expenditure, they shall be refunded to the owner or developer, except for any portion of said deposit held for maintenance purposes under any public improvement security agreement.
B.	Upon completion of the infrastructure improvements, the developer shall notify the Town Supervisor, with a copy to the Town Engineer. Within 15 working days of receipt of the notice, the Town Engineer shall inspect the improvements and within a reasonable time thereafter file a written report with the Town Board, indicating approval, partial approval or rejection of the improvements, with a statement of the reasons for any rejection. The required improvements shall not be considered to be complete until installation of the improvements have been approved by the Town Engineer and an as-built map satisfactory to the Town Board and Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed.
C.	The Town Board shall approve, partially approve or reject the improvements on the basis of the report from the Town Engineer and shall notify the developer, in writing, of the Engineer's report and the action of the Town Board not later than 90 days after receipt of the notice from the developer of the completion of the improvements.
D.	The release of bonds shall in no way be construed as acceptance of any street, drainage system or other improvement.
E.	Maintenance bond. Upon satisfactory completion of the public improvements required by the Planning Board or by any local law or ordinance of the Town, the owner or developer shall make a cash deposit with the Town in an amount equal to 10% of the original performance bond established pursuant to this chapter as a maintenance bond. This maintenance bond shall constitute a guaranty that the public improvements shall be free from defects from faulty workmanship or materials and shall require the owner or developer to repair or replace such defects for a period of one year from the date the improvements were accepted for dedication by the Town Board, unless a longer period of time is mutually agreed by the owner or developer and the Town. The maintenance bond shall be a cash deposit or letter of credit. In the event that the owner or developer does not repair or replace defects, the Town Board may declare the maintenance bond in default and apply the bond to the cost of repairs or replacement. In the event the public improvements are properly maintained for the maintenance period, the Town Board shall authorize the bond released after a report by the Town Engineer and/or Town Superintendent of Highways.
F.	Improper installation of improvements. If the Town Engineer finds deficiencies in the improvements before the expiration date of the performance and/or maintenance bonds, demonstrating the improvements have not been constructed in accordance with plans and specifications, he shall first report his findings to the developer, with a copy to the Town Board, giving a reasonable time for the developer to remedy such defects; and lacking a satisfactory and prompt resolution of the problem, he shall report his findings to the Town Board. The Town Board shall then notify the developer and, if necessary, the bonding company. The Town Board may declare the performance bond in default and collect the sum payable and install the deficient improvements covered by the bond, but not exceeding the amount of such proceeds. The Planning Board shall approve no plat so long as the developer or a principal in a developer's corporation is in default on a previously approved plat.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 7-1-1982 by L.L. No. 6-1982. Amendments noted where applicable.]

GENERAL REFERENCES
Licensing of contractors — See Ch. 113.
Environmental quality review — See Ch. 135.
Fire prevention — See Ch. 154.
Flood damage prevention — See Ch. 159.
Flood hazard areas — See Ch. 161.
Subdivision of land — See Ch. 272.
Zoning — See Ch. 310.
Subdivision contractors — See Ch. A315.

ARTICLE I Acceptance of State Code Editor's Note: Sections 1 and 2 of L.L. No. 6-1982 read as follows: Section 1. The Town Law 138, as it applies to the Town of Woodbury, is hereby repealed. Section 2. The Town Law 20.2(a), pertaining to the power of the Town Board to establish the office of Town Engineer, is hereby repealed, and the Town Board is hereby authorized to appoint an Engineer, who need not be a resident of the town, to serve at the pleasure of the Town Board.

[Amended 10-3-1996 by L.L. No. 10-1996]

The Town Board hereby accepts the applicability of the New York State Uniform Fire Prevention and Building Code, pursuant to § 374-a of the Executive Law, Editor's Note: Former § 374-a of the Executive Law was repealed by the Laws of 1981, Chapter 707, § 12. and a certified copy of this article shall be immediately filed in the principal office of the State Building Code Commission and in the office of the Secretary of State. The New York State Uniform Fire Prevention and Building Code shall become effective in the Town of Woodbury immediately.

[Amended 10-3-1996 by L.L. No. 10-1996]

There is hereby established a Building Department for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code and all ordinances, rules and regulations of the Town of Woodbury relating to building construction, repair, demolition, use and occupancy of buildings and property within the Town of Woodbury.

As used in this article, the following terms shall have the meanings indicated:

ADMINISTRATOR — The individual who is appointed to administer the Building Department, who may or may not be a resident of the Town of Woodbury.

BUILDING — Includes any structure of any kind, including signs and billboards, except real estate signs and other nonilluminated signs not over two square feet in area referring to the premises on which located.

The Building Department shall be headed by an Administrator appointed by the Town Board to serve at the pleasure of the Town Board, who may be assisted by one or more Assistant Administrators, as the need may appear, to also serve at the pleasure of the Town Board and to exercise any and/or all of the duties of the Administrator.

The Administrator shall, in addition to the powers given him in the Zoning Law, Editor's Note: See Chapter 310, Zoning. have all the powers set forth in § 383 of the Executive Law Editor's Note: Former § 383 of the Executive Law, regarding administration, was repealed by the Laws of 1981, Chapter 707, § 12. relating to the administration of the New York State Uniform Fire Prevention and Building Code and shall administer and enforce such code and all ordinances, rules and regulations of the Town of Woodbury relating to construction, repair, demolition, use and occupancy of buildings and property in the Town of Woodbury. [Amended 10-3-1996 by L.L. No. 10-1996]

Without limitation upon the foregoing, the Administrator shall have the power to:

(1)	Issue permits for the erection, alteration, repair and demolition of buildings.
(2)	Give notices in regard to or orders for the removal of illegal or unsafe conditions.
(3)	Issue certificates of occupancy.
(4)	Inspect buildings and premises at such times as he may deem necessary to the performance of his duties.
(5)	Enforce the town's Building, Plumbing and Electrical Codes, Zoning Law, Energy Conservation Construction Code, Environmental Quality Review Law and all other laws and ordinances which require enforcement by the Building Department.

The Administrator shall keep a record of all building permits, notices, orders and certificates of occupancy issued by him and shall report monthly thereon to the Town Board.

The Assistant Administrators, in addition to the powers given them in the Zoning Law, shall have all the powers and duties of the Administrator to the extent that he may delegate such powers and duties to them from time to time.

A building permit shall be required as provided in the Zoning Law. Editor's Note: See Ch. 310, Zoning.

Applications for building permits, in addition to the requirements of the Zoning Law, shall be on forms supplied by the Building Department and shall state:

(1)	The name and address of the owner.
(2)	The name and address of the contractor or person or persons who will perform the work.
(3)	The location of the premises.
(4)	A description of the proposed work.
(5)	The estimated cost of the proposed work.
(6)	The nature of the proposed use of the structure.

Each application for a building permit shall be accompanied by a duplicate set of plans and specifications in such detail as may be required by the Administrator, one copy of which shall be retained by the Administrator, and the other copy shall be returned to the applicant at the completion of the proceeding and, if the application is approved, shall be endorsed with the approval of the Administrator. The foregoing shall be submitted in addition to the material required to be submitted by the Zoning Law.

As required by the Zoning Law, the fee for a building permit shall be $5 for each building or dwelling unit or summer dwelling unit, except that, for buildings or dwelling units or summer dwelling units the cost of which is in excess of $1,000, the fee shall be $5 per $1,000 or major function thereof. Such fee shall be paid when the application is made and shall be retained irrespective of the action taken on the application.

As provided in the Zoning Law, every such permit shall expire at the end of two years, and, if construction is not then completed, a new or extended permit shall be granted only on payment of fees therefor at the rate of $2 per month per building or dwelling unit or summer dwelling unit until completion or removal of the uncompleted structure.

Where a building permit has been issued by the Building Department and thereafter an applicant requests a refund of the building permit fee because he decides not to construct the facility for which the building permit was issued, the applicant shall file a formal request with the Town Board for such refund. The Town Board shall make a determination as to whether or not such a refund is just and equitable and may consider among other things whether or not the Building Department has rendered any services on behalf of the applicant such as on-site inspection and review of plans. In no event shall a refund be warranted where any on-site work has been performed by the applicant. [Added 6-15-1989 by L.L. No. 5-1989]

The Administrator may revoke any building permit if issued in error, if the work does not comply with the plans and specifications as filed, if there has been any misrepresentation of a material fact in the application or accompanying documents or if any lawful order of the Administrator or his assistants shall have been disobeyed.

[Amended 10-3-1996 by L.L. No. 10-1996]

The Administrator may order the remedying of any condition in violation of the New York State Uniform Fire Prevention and Building Code. Such order shall be in writing and shall be served upon the owner or his authorized agent personally or by registered mail addressed to the address shown in the application for building permit. Such order shall grant a reasonable time to remedy such condition.

Certificates of occupancy shall be issued by the Administrator as provided in the Zoning Law. In addition to the requirements of the Zoning Law, such certificates shall be issued only if the work complies in all respects with the New York State Uniform Fire Prevention and Building Code and all ordinances, rules and regulations of the Town of Woodbury relating to buildings, and the certificates shall state the use to which the building may be put. [Amended 10-3-1996 by L.L. No. 10-1996]

As required in the Zoning Law, the fee for a certificate of occupancy shall be $1 for each building or dwelling unit or summer dwelling unit, with a maximum fee of $25 payable to the Administrator at the time application for the same is made.

[Amended 2-17-2000 by L.L. No. 2-2000]

Abatement of unsafe buildings. All buildings or structures which are structurally unsafe, unsanitary or not provided with adequate egress or which constitute a fire hazard or are otherwise dangerous to human life or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this section.

Inspections by Building Inspector. The Building Inspector shall examine or cause to be examined every building reported as unsafe or dangerous and shall make a written record of such examination to the Town Board. Such examination and report may be made in conjunction with an engineer or such other expert authorized by the Town Board for such purpose.

Notice of unsafe building. Whenever the Building Inspector shall find any building or structure or portion thereof to be an unsafe building, he shall give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements or to demolish the building or structure or portion thereof. Such notice shall be in writing, shall state the conditions found to exist and the work necessary to render the building and structure safe, and may be served upon the 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 same by registered mail to the owner at his last known address. Such notice shall also advise of the availability of a hearing before the Town Board as provided for in Subsection D hereof and shall be filed in the Orange County Clerk's office in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules.

Hearing procedures; time limit for compliance.

(1)	Upon receipt of notice given pursuant to Subsection C hereof, the owner, agent or person in control of a subject building or structure shall have the opportunity to present such facts and evidence by experts, including engineers or architects or otherwise, as he may deem necessary, in order to demonstrate that such building is not unsafe, at a hearing before the Town Board at its next regularly scheduled meeting or any special meeting thereof called for such purpose.
(2)	A request for such hearing shall be made within 10 days after the service of any notice given pursuant to Subsection C hereof. Such request shall be in writing and addressed to the Building Inspector, c/o the Town of Woodbury, Highland Mills, New York 10930. At such hearing the Building Inspector shall present the facts that gave rise to his determination that such a building was unsafe. A failure to request such hearing within the required time shall be deemed a waiver of the right to a hearing unless the Town Board shall excuse such failure for good cause shown.
(3)	After such hearing the Town Board shall confirm the Building Inspector's determination or reject the same. If the Building Inspector's determination is confirmed, such confirmation shall be in writing and shall briefly state the reason therefor. Such confirmation shall be served upon the owner, agent or person in control of the subject structure or building in the same manner as the Building Inspector's notice. If the Town Board shall confirm the Building Inspector's determination, the owner, agent or person in control of the subject structure or building shall have 10 days from service of the determination of confirmation to comply with the directions thereof, or such shorter period of time as prescribed by the Town Board, or shall be deemed to have failed to comply and accordingly shall be subject to all remedies and penalties otherwise available to the Building Inspector or Town Board.

Emergency notice and action.

(1)

If the Building Inspector finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specific repairs and improvements are completed, inspected and approved by the Building Inspector. The Building Inspector shall cause to be posted at each entrance to such building the notice: "This building is unsafe and its use or occupancy has been prohibited by the Building Department." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any persons, firm or corporation, or their agents or other servants, to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making the required repairs or of demolishing same.

(2)

In case of an emergency which, in the opinion of the Building Inspector, involves imminent danger to human life or health, he shall promptly cause such building, structure or portion thereof to be made safe or removed. For this purpose, he may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as may be necessary. He may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a public or private way.

Failure to obey notice. In case the owner, agent or person in control shall fail, neglect or refuse to comply with notice to repair, rehabilitate or to demolish and remove said building or structure or portion thereof, or a confirmation of the Building Inspector's determination, the Town Board shall be advised of all the facts in the case and shall provide for the demolition and removal of such building or structure either by town employees or by contract. Except in emergencies provided for in Subsection E hereof, any contract for demolition and removal of a building in excess of the limitation set out in § 103 of the General Municipal Law shall be through competitive bidding.

Costs of compelling compliance or effective removal. All costs incurred under Subsections E and F of this section shall be paid in the first instance from the general town funds, shall be a charge upon the lands affected and shall be levied and collected in the same manner as all other town charges. Such charges shall become a lien when the Town Board shall have finally determined and assessed the same by resolution.

[Amended 10-3-1996 by L.L. No. 10-1996]

A.	Any owner, contractor or other person who shall fail to comply with any order of the Administrator or who shall knowingly violate any provisions of the New York State Uniform Fire Prevention and Building Code shall be punishable by a fine of not more than $500 or 30 days' imprisonment, or both. Each day that a violation continues shall be deemed a separate offense.
B.	The foregoing penalties are not exclusive and shall not limit the power of the Building Department and the Town Board to enforce the provisions of this article and the New York State Uniform Fire Prevention and Building Code by any other actions or proceedings provided by law.

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

It is the intent of this article to protect the general health, welfare and safety of the people of the Town of Woodbury who lease summer dwellings from owners of bungalow colonies, as herein defined, without having an appropriate inspection for fire, health and zoning violations.

The Town Board has determined that the owners of bungalow colonies who lease individual bungalows or cottages for summer use are not complying with the New York State and Town of Woodbury laws in maintaining facilities that are free of fire, health and zoning violations, and, in order to protect those people who lease such facilities, the Town Board has determined that each bungalow colony shall be required to secure a compliance certificate from the Town of Woodbury Building Administrator after an annual inspection.

As used in this article, the following terms shall have the meanings indicated:

BUNGALOW COLONY — One or more temporary or permanent buildings or structures, together with the lot or tract of land appertaining thereto, established or maintained as living quarters for temporary occupancy and not arranged or maintained for such occupancy except during the period, or part of the period, from June 15 to October 15 in any year.

[Amended 1-22-1998 by L.L. No. 1-1998]

All owners or operators of bungalow colonies, as herein defined, shall be required to secure from the Town of Woodbury Building Administrator a special bungalow permit each year after an inspection has been made to determine that there has been compliance with the New York State Building Code, Fire Code, Health Code and the Town of Woodbury Zoning Law. No owner or operator of a bungalow colony shall be permitted to operate without first receiving such a special bungalow permit. Arrangements should be made with the Town of Woodbury Building Department prior to May 1 to arrange for such annual inspection, which inspection shall be conducted in the presence of the owner, operator or designated representative.

[Added 6-18-1987 by L.L. No. 7-1987]

A.	All owners or operators of bungalow colonies, as herein defined, shall be required to remove all trash, rubbish, garbage and any other debris, including abandoned cars that remain on the premises, subsequent to the closing of the bungalow colony. In order to guarantee that such removal shall occur, the owner or operator shall be required to post a performance bond in the form of cash in the amount of $3,500 with the Town Clerk to guarantee that any and all trash, rubbish, garbage and any other debris, including abandoned cars, shall be removed from said bungalow colony on or before October 1. In the event that such trash, rubbish, garbage or any other debris, including abandoned cars, is not removed, then the Town Board, its employees or agents may enter onto the premises, remove such trash, rubbish, garbage or any other debris, including abandoned cars, and any and all expense incurred shall be deducted from the performance bond.
B.	Prior to the issuance of the special bungalow permit each year, the owner or operator shall execute a consent agreement permitting the town, its employees or agents to enter onto the owner's or operator's bungalow colony for purposes of removing such trash, rubbish, garbage or any other debris, including abandoned cars. The consent agreement shall also provide that the owner or operator agrees to indemnify and hold harmless the Town of Woodbury, its employees or agents from any responsibility or liability in removing such trash, rubbish, garbage or any other debris, including abandoned cars, from said premises.
C.	The Town Board reserves the right to waive the requirements of posting a performance bond where the Building Administrator recommends that a given bungalow colony has fully removed such trash, rubbish, garbage or any other debris, including abandoned cars, from the bungalow colony the previous year.

In the event that the annual inspection reveals existing violations of the New York State and Town of Woodbury laws pertaining to fire, health and zoning, then the Building Administrator shall immediately issue a notice fully detailing the violations and the manner in which such violations should be corrected. When the violations have been corrected to the satisfaction of the Building Administrator, then a special bungalow permit shall be issued for the forthcoming summer season. In the event that the owner or operator refuses or fails to comply with the notice of violation, then no special bungalow permit shall be issued, and the owner or operator shall not be able to operate the bungalow colony for that summer season.

A.	Any person who violates this article or who fails to comply with any conditions of the special bungalow permit or who fails to secure a special bungalow permit issued by the Building Administrator shall be liable to a penalty of not less than $25 nor more than $500 for such violation. Each day during which said violation continues shall be considered a separate violation.
B.	In addition to the above penalties, the town may secure an injunction to prevent the operation of the bungalow colony for failure to secure a special bungalow permit.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 9-4-1975 by L.L. No. 3-1975. Amendments noted where applicable.]

GENERAL REFERENCES
Fire prevention — See Ch. 154.
Garbage, rubbish and refuse — See Ch. 264, Art. I.

It is the intent of this chapter to protect the general health, welfare and safety of the people of the Town of Woodbury by prohibiting open fires which are dangerous to life and property.

The Town Board has determined that people are permitting open fires for burning of trash, refuse, rubbish or other waste or discarded material despite the fact that such activities are prohibited by the Environmental Conservation Law, § 9-1105. The Town Board also has determined that in many instances it is necessary to control such open burning within a reasonable period of time, whereas the enforcement of the Environmental Conservation Law results in an indeterminate delay for an extended period of time before the violator is prosecuted. Therefor, in order to expedite the prosecuting of those who maintain open fires which jeopardize the lives and property of the residents of the Town of Woodbury, the Town Board finds it necessary to enact legislation which shall afford such protection.

A.	No fires shall be set on or near forestland and left unquenched; no fire shall be set which will endanger the property of another; no person shall set forestland on fire; no person shall negligently suffer fire on his own property to extend to property of another; no person shall use combustible gun wads or carry naked torches on forest lands; no fire shall be set in or near forestland in connection with camping without all flammable material having first been removed for a distance of three feet around the fire; no person shall drop, throw or otherwise scatter lighted matches, burning cigars, cigarettes or tobacco; and no person shall deface or destroy any notice posted containing forest fire warnings, laws or rules and regulations.
B.	All fires for the burning of leaves shall be attended at all times by an adult to control such fires, and no such fires shall be permitted within boundaries of town roads, streets or highways or in the gutters adjacent thereto.
C.	No person shall deposit and leave brush or flammable material upon the right-of-way of highways in any part of the town.
D.	Brush, logs, slash or other flammable material shall not be left or allowed to remain on land within 25 feet of the right-of-way of a railroad or within 20 feet of the right-of-way of a public highway.
E.	Open fires for the burning of trash, refuse, rubbish or other discarded material, whether on public or private lands, are hereby prohibited, except by the Town Highway Department. All trash, refuse, rubbish or other discarded material shall be burned in an incinerator or other receptacle constructed in such a manner that no sparks, embers or burning material shall escape into the atmosphere.
F.	The burning of motor vehicles, tires or garbage within the Town of Woodbury is prohibited.

[Amended 11-7-1991 by L.L. No. 9-1991]

No person shall set, or cause to be set, fires for the purpose of burning logs, sawdust, slabs, brush, stumps, dry grass, leaves or debris within any area of the town without first obtaining a written permit from the Woodbury Town Clerk.

All burning permits shall be subject to the following conditions:

(1)	There shall be no burning on Sundays.
(2)	All burning, including burning in barrels, shall take place between the hours of 9:00 a.m. to 5:00 p.m.
(3)	There shall be no burning of papers, tree stumps, garbage, building materials, pressure-treated wood or hazardous materials.
(4)	The site where the burning is to take place shall have an adequate water supply during the period of the burning.
(5)	Prior to starting the burning pursuant to the burning permit, the Woodbury Police Department shall be notified.

[Added 11-7-1991 by L.L. No. 9-1991]

If, in the opinion of the Woodbury Fire Marshal or the Woodbury Fire Chief, weather conditions are such that the starting or the continuation of burning is a risk to life or property within the town, either the Fire Marshal or the Fire Chief shall have the right to declare that any and all burning shall cease until further notice.

[Amended 6-16-1977 by L.L. No. 15-1977]

Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense for each day (24 hours) shall be deemed a distinct and separate violation.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 5-1-2003 by L.L. No. 3-2003. Amendments noted where applicable.]

GENERAL REFERENCES
Fences — See Ch. 146.
Flood hazard areas — See Ch. 161.
Subdivision of land — See Ch. 272.
Zoning — See Ch. 310.

The Town of Woodbury is adopting a Cemetery Protection Law to protect the cemeteries and burial sites located within its borders from encroachment of commercial and/or residential structures, preserve the integrity of such burial sites and protect the health, safety and welfare of its residents by establishing encroachment requirements for all commercial and/or residential structures located near such burial sites such that no structure shall be less than 100 feet from any cemetery and/or burial site.

BURIAL SITE — Refers to and shall include any piece of land where a person is buried, notwithstanding that the site may not be recognized as a traditional cemetery.

CEMETERY — Includes any and all public, private, religious, historic and/or family cemeteries where deceased persons are buried.

The identification and locations of cemeteries in the Town of Woodbury are as follows:

Cemetery	Location	Tax Map No.
Arden Cemetery	Possible Parrott Harriman by Babcock Chapel in Tuxedo
Baileytown Cemetery	Near Twin Lakes in State Park
Brooks Cemetery at Queensboro	Near traffic circle on Rt. 6
Cemetery of Highlands	Rt. 32 across from Ridge Road	18-2-2
Coffey/Peckham Cemetery	Rear of Woodbury Commons	25-2-1969
Coleman Cemetery	Next to or under Thruway overpass, before Trout Brook
Davenport Cemetery	East of Rt. 32 across from MS Elmer House
Earl Cemetery	Front of Jones Hill and Ridge Road
Earl/Secor Cemetery	Near Nepera, Arden House Road area
Edwards Cemetery	Mountain Road off Rt. 9W, perhaps in Highlands
Francis Smith Cemetery	Rt. 32 across from ambu- lance building	18-1-1936
Harriman Cemetery	On Harriman Estate, private plot
Lamoreaux Cemetery	Edgewood Drive	28-3-3
Mine Train Road Cemetery	In area near forest of Dean, perhaps in Highlands
Old Methodist Church/ Cemetery	Rt. 32 across from Ridge Road	18-2-1
Quaker Cemetery, a/k/a Smith Clove Friends Cemetery	Quaker Road/Woodbury Falls/ Evan Drive	46-1-1943
St. Mary's Cemetery	Rt. 17M in Tuxedo
Summit Lake Cemetery	In State Park
Wilkes Cemetery	Rt. 17 in front of Harriman Train Station	43-1-1926

Notwithstanding the identification of cemeteries and/or burial sites hereinabove, this list shall not be deemed exhaustive such that any cemeteries and/or burial sites not identified on said list are subject to the provisions herein.

A.	No commercial and/or residential structure shall be erected within 100 feet of a cemetery or burial site as identified herein.
B.	The Planning Board, in its sole discretion, as part of any subdivision site plan or conditional use permit application, may require a residential or commercial developer to erect fencing, install plantings or otherwise erect a visual and/or physical barrier between developable areas of land, which are adjacent or contiguous to a cemetery and/or burial site.
C.	A copy of this chapter will be provided to the building permit applicant at the time the application for the permit is requested where the two-hundred-foot buffer is in question or at risk.
D.	The Building Inspector shall not issue a building permit for any structure that is located within 200 feet from any cemetery and/or burial site without first referring the matter to the Planning Board for review consistent with the above noted provisions.
E.	The Planning Board, in its sole discretion, may apply the provisions of this section to protect other cemeteries and/or burial plots, which are included and/or referred to in the Town of Woodbury's Master Plan or which the Board otherwise deems to be of historical significance.

Any local law inconsistent with the provisions of this chapter is hereby repealed.

A.	Any violation of the provisions herein shall be prosecuted to the fullest extent of the law by the Town of Woodbury pursuant to the laws of the State of New York, including but not limited to §§ 145.22 and/or 145.23 of the New York State Penal law and/or §§ 4216, 4217 and/or 4218 of the New York State Public Health Law, and shall be subject to the fines and penalties associated therewith and/or consistent with any other applicable provision of law.
B.	Any site work, construction, excavation, demolition or related activities which disturb, encroach upon, or threaten to encroach within 200 feet of a burial site or cemetery as identified in this chapter will result in an immediate stop-work order being issued by the Building Inspector or Police Department, to remain in effect until sufficient investigation can be had to insure the protection of the cemetery or burial site as required in this chapter.
C.	Any violation of this chapter will carry a penalty of up to $500 per day until the investigation is complete and the stop-work order rescinded.

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

GENERAL REFERENCES
Building construction — See Ch. 96.
Subdivision of land — See Ch. 272.
Zoning — See Ch. 310.
Subdivision contractors — See Ch. A315.

ARTICLE I Residential Building Construction [Adopted 7-18-1968 by L.L. No. 1-1968 Editor's Note: The form of application and bond required pursuant to this local law are incorporated into the Appendix of the Code as Ch. A315, Subdivision Contractors. ]

The Town Board finds that the following acts have repeatedly occurred in the Town of Woodbury:

(1)	The sale of lots in subdivisions prior to filing of subdivision maps with the New York State Department of Health and approval of such Department, in violation of § 1116 of the Public Health Law and in violation of § 334 of the Real Property Law.
(2)	Diversion of trust funds received from purchasers of lots and homes in subdivisions, in violation of Article 3-A of the Lien Law.
(3)	Erection of buildings in subdivisions prior to receiving building permits, in violation of the Woodbury Zoning Ordinance. Editor's Note: See Ch. 310, Zoning.
(4)	Erection of unsafe, unsanitary and unhealthy buildings, in violation of the New York State Building Construction Code, Editor's Note: See Ch. 96, Building Construction. which is in force in the Town of Woodbury.
(5)	The failure of subdividers and contractors to redress injuries to purchasers of lots and homes resulting from the foregoing violations.

The Town Board has also found that existing statutes, ordinances and local laws are inadequate to prevent the continuance of such acts and injury to the public welfare resulting therefrom.

As used in this article, the following terms shall have the meanings indicated:

PERSON — An individual, firm, partnership, association, corporation or other legal entity.

RESIDENTIAL BUILDING — Any building designed or occupied in whole or in part as a dwelling for one or two families.

SUBDIVISION — Any tract of land which is hereafter divided into five or more parcels along an existing or proposed street, highway, easement or right-of-way for sale or for rent as residential lots or residential building plots, regardless of whether the lots or plots to be sold or offered for sale or leased for any period of time are described by metes and bounds or by reference to a map or survey of the property or by any other method of description.

SUBDIVISION CONTRACTOR — Any person engaged in the business of constructing residential buildings in subdivisions, except a person under contract with or employed by a general contractor who is so engaged, and except a person under contract with or employed by a purchaser of a lot in a subdivision for the construction of a single home.

No person shall engage in or conduct the business of subdivision contractor within the Town of Woodbury, excluding that portion thereof which lies within the Village of Harriman, the Palisades Interstate Park and the United States Military Academy reservation, without first obtaining a license as herein provided.

Each applicant for a license shall file a written application Editor's Note: For the form of the application required under this article, see the Appendix, Ch. A315, Subdivision Contractors. with the Town Clerk stating the name of the applicant; whether an individual, corporation or partnership; if an individual, the residence and business address; if a corporation, the business address and names and residences of all stockholders owning 5% or more of the corporate stock; if a partnership, the business address and names and residence addresses of each of the partners; any fictitious name or names under which the applicant does business; the name and address of the person by whom the applicant is employed or with whom he has contracted; the name and address of the subdivider and the location of the subdivision in which the applicant is engaged or intends to engage in residential building construction; a description by lot number or otherwise of the lots on which such buildings are being or will be constructed; and the number of such buildings which the applicant is constructing or intends to construct during the year in which the license will be issued.

Before the license is issued, the applicant shall file with the Town Clerk a bond Editor's Note: For the form of bonds required under this article, see the Appendix, Ch. A315, Subdivision Contractors. in which the applicant shall be the principal obligor with a corporate surety licensed to do business in the State of New York, or with such other surety as may be approved by the Town Board, in the penal sum of $10,000, conditioned upon the compliance by the licensee, during the calendar year in which the license is issued, with the applicable provisions of the New York State Building Construction Code, Editor's Note: See Ch. 96, Building Construction. the trust provisions of Article 3-A of the Lien Law, § 1116 of the Public Health Law, § 334 of the Real Property Law and the Zoning Ordinance Editor's Note: See Ch. 310, Zoning. of the Town of Woodbury. Said bond shall run to the Town of Woodbury and to any person or persons who may have a cause of action against the obligor of the bond for failure to comply with any of the foregoing statutes and ordinances. If, during the calendar year in which the license is issued, the licensee shall construct more than 10 residential buildings, the amount of the bond shall be increased by $10,000 for each additional 10 residential buildings or fraction thereof so constructed. Any amendment increasing a bond or additional bonds providing for such increase shall be filed with the Town Clerk before building permits are issued for such additional residential buildings.

The license shall be issued by the Town Clerk upon receipt of the application and bond as above provided and upon payment of a fee of $10 to cover the cost of issuing the license and approving the bond. The license shall authorize the holder to engage in the business of subdivision contractor as herein defined during the calendar year in which the license is issued. Each license is personal to the licensee and may not be assigned. Each license shall expire at the end of the calendar year in which issued.

Each license shall be renewed by the Town Clerk for an additional calendar year upon the filing of an application for renewal containing the same statements as required for the original license and upon the filing of a renewal bond and payment of a fee of $10.

[Amended 6-16-1977 by L.L. No. 9-1977]

The Town Board may at any time revoke a license upon finding that the licensee has substantially violated any of the provisions of the New York State Building Construction Code, the trust provisions of Article 3-A of the Lien Law, § 1116 of the Public Health Law, § 334 of the Real Property Law, or the Zoning Ordinance of the Town of Woodbury, after a public hearing, 20 days' written notice of which shall be served on the licensee in person or by certified mail and shall be published in the official newspaper of the town. At such hearing, the licensee shall have the right to be heard in person and by attorney. The Town Board, within 10 days after the hearing or any adjournment thereof, shall render a decision in writing stating the grounds of its decision, shall serve a copy of the decision by mail or in person upon the applicant and shall file the decision in the Town Clerk's office. Such decision shall be final, subject to judicial review under Article 78 of the Civil Practice Law and Rules.

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

The Administrator of the Town of Woodbury shall issue a building permit for a residential building constructed by a subdivision contractor as herein defined only if, at the time such permit is issued, the subdivision contractor shall be in possession of a valid license.

The town may pursue its remedies under a bond independently of other obligees or jointly with them, but the town shall be under no obligation to pursue such remedies. The town shall have no responsibility or liability to other obligees under a bond, and the rights of other obligees shall be unaffected by any action or inaction by the town.

[Amended 6-16-1977 by L.L. No. 15-1977]

Any person committing an offense against any provision of this article shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense for each day (24 hours) shall be deemed a distinct and separate violation.

This article shall not affect the responsibility of a subdivision contractor for any loss of life or damage to person or property, nor shall the Town of Woodbury be deemed to have assumed any such liability by reason of the issuance of any license hereunder.

ARTICLE II Building Construction Not in Subdivisions [Adopted 4-17-1969 by L.L. No. 2-1969]

It is the intent of this article to promote the general welfare of the people of the Town of Woodbury by providing for the protection of their lives, property and economic well-being by licensing and regulating the business of building construction, except residential building construction in real estate subdivisions, which is licensed and regulated under Local Law No. 1 of the year 1968. Editor's Note: See Article I of this chapter.

The Town Board finds that building construction in the Town of Woodbury, other than residential building construction in real estate subdivisions, which is licensed and regulated under Local Law No. 1 of 1968, is an occupation which needs to be licensed and regulated for the following reasons, among others: inexperienced and unqualified persons have been engaged in such business; buildings have been constructed in an unsafe and unworkmanlike manner; buildings have been constructed by itinerant contractors who have deceived and defrauded citizens of the Town of Woodbury by misrepresenting themselves as qualified builders, requiring the licensing of such persons for purposes of securing references and information concerning their qualifications and ability; and rapid growth of population in recent years, accompanied by rapid increase in the number of buildings constructed, has made it difficult for the Building Department to supervise building construction and enforce the New York State Building Code Editor's Note: See Ch. 96, Building Construction. and other pertinent state and local laws and local ordinances in the absence of any provision for licensing and regulating the building industry.

As used in this article, the following terms shall have the meanings indicated:

BUILDING — Any structure, including a house, commercial building, industrial building, bridge, wall, fence and swimming pool, the total cost or value of which is $1,000 or more and any structural alteration or addition, although costing less than $1,000, if the completed structure as added to or as altered will have a cost or value of more than $1,000.

CONTRACTOR — Any person engaged in the business of constructing or altering buildings under building permits issued subsequent to the effective date of this article, except a person under contract with or employed by a general contractor who is so engaged, and except a subdivision contractor, as defined in Local Law No. 1 of the year 1968, who holds a license under such law.

PERSON — An individual, firm, partnership, association, corporation or other legal entity.

A.	No person shall engage in business as a contractor, as herein defined, within the Town of Woodbury, excluding that portion thereof which lies within the Village of Harriman, the Palisades Interstate Park and the United States Military Academy reservation, without first obtaining a license as herein provided.
B.	Currently licensed contractors shall be required to renew their licenses within six months of the adoption of this subsection. [Added 6-16-1977 by L.L. No. 6-1977]

Each applicant for a license shall file a written application with the Town Clerk stating:

(1)	The name of the applicant.
(2)	Whether an individual, corporation or partnership.
(3)	If an individual, the residence and business address.
(4)	If a corporation, the business address and names and residences of all stockholders owning 5% or more of the corporate stock.
(5)	If a partnership, the business address and names and residence addresses of each of the partners.
(6)	Any fictitious name or names under which the applicant does business.
(7)	The name and address of the person by whom the applicant is currently employed or with whom he has current contracts for the construction or alteration of buildings.
(8)	The age of the applicant.
(9)	The educational institution attended and years of attendance, excluding elementary or grammar school.
(10)	The names and address of all persons by whom the applicant was employed, whether in the building occupation or other occupation, during the preceding five years.
(11)	A brief description of duties of the applicant in all such employment.
(12)	At least two credit references, one of which should be a bank with which the applicant does business.
(13)	The names and addresses of all building contractors or other contractors residing or having offices in the Town of Woodbury by whom the applicant is known.
(14)	A list of all outstanding debts incurred more than three months previous to the application.
(15)	A list of all outstanding debts, whenever incurred, exceeding $500 in amount.
(16)	The names and addresses of all creditors to whom the foregoing debts are owed.
(17)	In the case of corporations, the stock of which is wholly owned by one person or by one person and members of his immediate family, the foregoing information regarding such debts shall be given as to all stockholders.
(18)	In the case of partnerships, the foregoing information regarding debts shall be given as to all partners except limited partners.
(19)	Such other similar information as the Town Engineer shall require.

Each application shall be personally signed by the applicant if an individual, by at least two officers if a corporation and by all partners if a partnership. Applications may not be signed by an agent or attorney-in-fact.

Licenses shall be issued by the Town Engineer or, in his absence, by the Supervisor, if he shall find that the applicant is qualified to engage in business as a contractor, within 10 days after receipt of the application, completed and signed as above provided, and payment of a fee of $10 by the applicant, unless the application shall be denied, in which case the Town Engineer or Supervisor shall, within such ten-day period, state in writing the reasons for such denial, file such statement in the office of the Building Department and serve a copy thereof upon the applicant by certified mail sent to his address as shown in the application or by delivering a copy to him personally. The license shall authorize the holder to engage in the business of contractor, as herein defined, for a period of two years. Each license is personal to the applicant and may not be assigned. [Amended 6-16-1977 by L.L. No. 6-1977; 6-16-1977 by L.L. No. 9-1977]

Each contractor shall be required to renew his license by application, subject to payment of a renewal fee of $10 and further subject to conditions imposed upon the original license. Any contractor not in possession of a renewed license on or before its expiration date shall be prohibited from engaging in construction work in the Town of Woodbury until such time as the contractor has renewed the license. [Added 6-16-1977 by L.L. No. 6-1977]

A.	All licenses shall be subject to revocation if the licensee shall violate this article, the New York State Building Construction Code, Editor's Note: See Ch. 96, Building Construction. any law of the State of New York or any local law or ordinance of the Town of Woodbury relating to building construction or construction of utilities or facilities appurtenant to such building construction or any lawful order of the Town Engineer or Administrator or other official of the Town of Woodbury relating to building construction or construction of utilities or facilities appurtenant to such building construction. [Amended 7-1-1982 by L.L. No. 6-1982]
B.	The Town Engineer or, in his absence, the Supervisor may, in his discretion, revoke any license if he shall find that the licensee has committed any such violation, by serving written notice in person or by mail addressed to the licensee at his last known address on file in the records of the Building Department, stating that the license is revoked and setting forth the grounds of such revocation, which shall be effective at the expiration of 10 days from the issuance and service of such notice unless within such ten-day period the licensee shall appeal from the action of the Town Engineer to the Town Board by filing with the Town Clerk a written notice of appeal, together with a copy of the notice of revocation issued by the Town Engineer. Upon the filing of such appeal, the revocation of the license shall be stayed until a determination shall be made by the Town Board.
C.	The Town Board, within 10 days after a notice of appeal is filed, shall schedule a public hearing which shall be held within 45 days after the filing of the notice of appeal, upon five days' notice published in the official newspaper of the town. The licensee shall have the right to be heard in person and to be represented by counsel at the hearing and adjournments thereof.
D.	Within 10 days after the holding of such hearing or any adjournment thereof, the Town Board shall render a decision in writing stating the grounds of its decision, shall serve a copy of the decision by mail or in person upon the applicant and shall file the decision in the Town Clerk's office. Such decision shall be final, subject to judicial review under Article 78 of the Civil Practice Law and Rules.
E.	A majority vote of the whole number of the Town Board shall be necessary to reverse the action of the Town Engineer or Supervisor, as the case may be, in revoking a license, except that, if one or more members of the Town Board are disqualified in hearing such appeal, a majority vote of the qualified members shall be necessary for such reversal.

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

The Administrator of the Town of Woodbury shall not issue a building permit for any building construction, addition or alteration by a contractor, as herein defined, unless at the time such permit is issued the contractor shall hold a valid license hereunder. If any such license shall be revoked, the Administrator shall forthwith revoke all building permits for buildings under construction by the holder of the revoked license until application shall be made for a renewal of such building permit or permits, showing that the contractor or contractors engaged in construction of the building or buildings are the holders of a valid license or licenses issued hereunder.

[Amended 6-16-1977 by L.L. No. 15-1977]

[HISTORY: Adopted by the Town Board of the Town of Woodbury 10-1-1992 by L.L. No. 13-1992. Amendments noted where applicable.]

Each year on Halloween, October 31, the town is besieged by youths who rampage through sections of the town creating problems for residents and the Woodbury Police Department. In 1991 the complaints received from Woodbury residents were the greatest in many years. To complicate the situation, the Police Department has determined that many of the youths were nonresidents who refused to leave the town due to the fact that there was no law requiring them to be off the streets Halloween night. The complaints received by the Police Department emphasize that the townspeople's safety and welfare were in jeopardy. The Town Board and the Police Department believe that the only way to control the situation is to impose a curfew which will protect people's property and well-being.

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:

CUSTODIAN — Any person over the age of 21 who is in loco parentis to a minor.

GUARDIAN — Any person, other than a parent, who has legal guardianship of a minor.

MINOR — Any person under the age of 18.

PARENT — The natural or adoptive parent of a minor.

PUBLIC PLACE — Any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. A "public place" shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center and any other place devoted to amusement or open to the general public. It shall also include the front or immediate area of the above.

TOWN — The Town of Woodbury.

During the period of October 30 and October 31, or any other period the Town Board deems necessary, it shall be unlawful for any minor to remain idle, wander, stroll or play in any public place, either on foot or to cruise about without a set destination in any vehicle, in, about or upon any place in the town between the hours of 8:00 p.m. and 6:00 a.m. of the following morning unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor or unless the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the custody and care of the minor or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation.

Any minor attending a special function or entertainment of any church, school, club or other similar organization that requires such minor to be out at a later hour than that called for within this Article shall be exempt from the provisions of this article, provided that the church, school, club or other similar organization shall register in advance with the Town Police Department to have the minors involved stay out to this later hour. The registrant shall state the time, when the function or entertainment shall end, and the minors who attend the function shall be required to be in their homes or usual places of abode within 1/2 hour after the function is ended.

It shall be unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors under the age of 18 on Halloween between the hours of 8:00 p.m. and 6:00 a.m. the following morning.

It shall be unlawful for the parent, guardian or other adult person having custody or control of any minor under the age of 18 to permit or, by inefficient control, to allow such minor to be on the streets or sidewalks or on or in any public property or public place within the town on Halloween between the hours of 8:00 p.m. and 6:00 a.m. the following morning. However, the provisions of this section do not apply to a minor accompanied by his parent, guardian, custodian or other adult person having the care, custody or control of the minor or if the minor is on an emergency errand or specified business or activity directed by his parent, guardian, custodian or other adult having the care and custody of the minor or if the parent, guardian, custodian or other adult person herein has made a missing person notification to the Town Police Department.

Any police officer, upon finding a minor in violation of this Article, shall ascertain the name and address of the minor and warn the minor that he is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the parents, guardian or person having custody or control of the minor.

If such minor refuses to heed the warning or direction given by any police officer or refuses to give the police officer his correct name and address or if the minor has been warned on a previous occasion that he or she was in violation of curfew, such minor shall be issued an appearance ticket and the parent, guardian or other adult having the care and custody of such minor shall be notified to appear with such minor at a date and time to be determined in the appearance ticket for an appearance before the Town of Woodbury Justice Court.

Any minor who violates any section of this article shall, upon conviction, be subject to an assignment by the Court of community service, the hours of which shall be determined by the Court. It shall also be necessary for the parent to appear with the minor before the Justice Court at the time the appearance ticket is returnable, and the parent shall be required, where community service has been directed, to transport the minor to a place on the date and time determined by the Court for such community service to be fulfilled.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 7-6-2000 by L.L. No. 10-2000. Amendments noted where applicable.]

GENERAL REFERENCES
Use of town vehicles — See Ch. 69.
Prohibited parking — See Ch. 227.
Streets and sidewalks — See Ch. 269.
Towing — See Ch. 283.
Abandoned vehicles — See Ch. 292.

§ 120-1. Exceeding limitations on dimensions and weights of vehicles prohibited.

Except as expressly permitted by the United States or the New York State Department of Transportation, and except where the requirement for local delivery will permit no alternate legal route, no person shall operate or move, or cause or knowingly permit to be operated or moved, on any public street in the Town of Woodbury, any vehicle or combination of vehicles of a size or weight exceeding the limitations provided for in this chapter.

A.	The width of a vehicle, inclusive of load, shall be not more than 102 inches on qualified highways and 96 inches on town roads and nonqualified roads plus safety devices, on any town highway in the Town of Woodbury.
B.	The provisions of § 120-1 of this chapter shall not apply to vehicles and implements or combinations thereof, not over 13 feet in width, used solely for farm purposes, during the period from sunrise to sunset, provided that at least two red flags not smaller than twenty-four inches square be displayed on the left front and rear of each vehicle or implement or combination thereof in such manner as to be clearly visible from the front and rear for a distance of at least 500 feet. However, no such vehicles, implements or combinations thereof shall be operated on any highway after 10:00 in the morning on any Saturday, Sunday or legal holiday, except for trips of two miles or less.
C.	The provisions of § 120-1 of this chapter shall not apply to omnibuses or buses used solely for the transportation of children to and from school, but the width of such omnibuses shall not exceed 98 inches.
D.	Notwithstanding the provisions of Subsection A of this section, racks for carrying hay, straw or unthreshed grain may have a width of 10 feet at the top of the rack. In no case shall the width at the base of the rack exceed 102 inches, nor shall the width of a rack exceed 102 inches at any portion thereof while on any town highway.

The height of a vehicle from the underside of tire to top of vehicle, inclusive of load, shall be not more than 131/2 feet. Any damages to highways, bridges or highway structures resulting from the use of a vehicle exceeding 13 feet in height where such excess height is the proximate cause of the accident shall be compensated for by the owner and operator of such vehicle.

A.	The length of a single vehicle, inclusive of load and bumpers, shall be not more than 40 feet unless otherwise provided in this chapter.
B.	The length of a semitrailer or trailer shall not exceed 48 feet except as provided in Subsection E of this section; provided, however, that the length of any trailer or semitrailer being operated in combination with another trailer or semitrailer shall not exceed 281/2 feet. However, a fifty-three-foot trailer shall be permitted on qualified access highways.
C.	The length of buses having a carrying capacity of more than seven passengers shall not exceed 45 feet, except that the length of articulated buses shall not exceed 62 feet.
D.	The provisions of this subdivision shall not apply for fire vehicles.
E.	Any semitrailer with a length not to exceed 48 feet may be operated on any town highway, provided that the total length of a combination of vehicles including such a semitrailer does not exceed 60 feet.

The total length of a combination of vehicles, inclusive of load and bumpers, shall not be more than 60 feet.

The provisions of § 120-5A of this chapter shall not apply to:

(1)	Vehicles of a corporation which is subject to the jurisdiction of the Interstate Commerce Commission, the Public Service Commission or other regulatory body and which are used in the construction, reconstruction, repair or maintenance of its property or facilities, provided that any such vehicle complies with the safety requirements of the laws and regulations of the United States and of New York pertaining to over-length vehicles.
(2)	Vehicles hauling poles, girders, columns or other similar objects of excess length, provided that any such vehicle complies with the safety requirements of the laws and regulations of the United States and of New York State pertaining to such over-length vehicles.
(3)	Fire vehicles.
(4)	Any vehicle or combination of vehicles which is disabled and unable to proceed under its own power and is being towed for a distance not in excess of 10 miles for the purpose of repairs or removal from the highway.
(5)	State and/or municipally owned vehicles engaged in snow plowing, ice clearing or other emergency-type operations.

Notwithstanding the provisions of § 120-5A of this chapter, a bumper overhang of not more than a total of five feet, either front or rear or divided between the front and rear of a combination of vehicles used to transport other motor vehicles, shall be permitted.

In determining the number of wheels and axles on any vehicle or combination of vehicles within the meaning of this section, only two wheels shall be counted for each axle, and axles which are less than 46 inches apart, from center to center shall be counted as one axle. However, in the case of multiple tires or multiple wheels, the sum of the widths of all the tires on a wheel or combination of wheels shall be taken in determining tire width.

Subject to the provisions of this chapter governing maximum vehicle gross weights, the weight per inch of width of tire on any one wheel of a single vehicle or a combination of vehicles equipped with pneumatic tires, when loaded, shall be not more than 800 pounds.

Subject to the provisions of this chapter governing maximum gross weights, the weight on any one wheel of a single vehicle or a combination of vehicles, equipped with pneumatic tires, when loaded, shall be not more than 11,200 pounds.

Subject to the provisions of this chapter governing maximum vehicle gross weights, the weight of any one axle of a single vehicle equipped with pneumatic tires, when loaded, shall be not more than 22,400 pounds.

Subject to the provisions of this chapter governing maximum vehicle gross weights, the weight on any two consecutive axles of a single vehicle or a combination of vehicles equipped with pneumatic tires, when loaded, and when such axles are spaced less than eight feet from center to center, shall be not more than 36,000 pounds, except that where axles were spaced eight feet or greater, but less than 10 feet, the weight on those two axles shall not exceed that permitted by § 120-5I(1)(b) of this chapter and, in addition, shall not exceed 40,000 pounds. Axles are to be counted as provided in § 120-5D of this chapter.

Subject to the provisions of this chapter governing maximum vehicle gross weights, a single vehicle or a combination of vehicles having three axles or more and equipped with pneumatic tires, when loaded, may have a total weight on all axles not to exceed 34,000 pounds plus 1,000 pounds for each foot and major fraction of a foot of the distance from the center of the foremost axles to the center of the rearmost axle. Axles are to be counted as provided in § 120-5D of this chapter. In no case, however, shall the total weight exceed 80,000 pounds.

(1)

For any vehicles or combination of vehicles having a total gross weight less than 71,000 pounds, the higher of the following shall apply:

(a)

The total weight on all axles shall not exceed 34,000 pounds, plus 1,000 pounds for each foot and major fraction of a foot of the distance from the center of the foremost axle to the center of the rearmost axle; or

(b)

The overall gross weight on a group of two or more consecutive axles shall not exceed the weight produced by application of the following formula:

	W = 500 ((L XN) / (N-1) + (12XN) + 36)
	Where W = overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds
	L = distance in feet from the center of the foremost axle to the center of the rearmost axle
	N = the number of axles in the group under consideration,

[1]	Exception: Two consecutive sets of tandem axles may carry a gross load not to exceed 34,000 pounds, provided that the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more.
[2]	For any vehicle or combination of vehicles having a total gross weight of 71,000 pounds or greater, Subsection I(1)(b) shall apply to determine maximum weight which is permitted hereunder, subject to the provisions of this chapter governing maximum vehicle gross weights.

No vehicle shall be operated on the public streets of the Town of Woodbury other than on pneumatic tires.

For the purpose of this section, the width of pneumatic tires shall be ascertained by measuring the greatest width of the tire casing when tire is inflated.

No person shall operate or move a vehicle or a combination of vehicles over, on or through any bridge or structure on any highway if the weight of such vehicle or combination of vehicles and load, is greater than the posted capacity of the structure or the vehicle exceeds the height of the posted clearance as shown on any official sign.

If a vehicle or combination of vehicles is operated in violation of this chapter, an appearance ticket or summons may be issued to the registrant of the vehicle or, if a combination of vehicles, to the registrant of the hauling vehicle, rather than the operator. In the event that the vehicle is operated by a person other than the registrant, any appearance ticket or summons issued to the registrant shall be served upon the operator, who shall be deemed the agent of the registrant only for the purpose of receiving such appearance ticket or summons. In addition, a notice containing all pertinent information relating to the charge which is contained on the summons or appearance ticket shall be mailed by or on behalf of the person who issued the appearance ticket or summons to the registrant at the address given on the registration certificate for the vehicle or, if no registration certificate is produced at the time the appearance ticket or summons is issued, to the address of the registrant on file with the department within five days after the date of issuance of the appearance ticket or summons, but at least five days before the return date specified on the appearance ticket or summons. Proof of mailing to the registrant under this section shall be filed with the court in which the appearance ticket or summons is returnable on or before the return date. The provisions of this section shall not apply to owner-operators of any motor vehicles or to any motor vehicle or trailer which is registered in the name of a person whose principal business is the lease or rental of motor vehicles or trailers, unless the motor vehicle or trailer is being operated by an employee of the registrant or for a community of interest other than the lease or rental agreement between the parties to the lease or rental agreement.

In any case wherein the charge laid before the court alleges a violation of this chapter, any plea of guilty thereafter entered in satisfaction of such charge must include at least a plea of guilty to a violation of one of the subsections of this chapter. No other disposition by plea of guilty to any other charge in satisfaction of such shall be authorized; provided, however, that if the prosecuting attorney, upon reviewing the available evidence, determines that the charge of a violation of this chapter is not warranted, he may consent, and the court may allow, a disposition by plea of guilty to that or another charge in satisfaction of such charge; provided, however, that the court must impose at least the minimum fine as authorized in this section for the offense.

The violation of the provisions of this chapter shall be punishable by a fine of not less than $200 nor more than $500 or by imprisonment for not more than 30 days, or by both such fine and imprisonment, for the first offense; and by a fine of not less than $500 nor more than $1,000 or by imprisonment for not more than 60 days, or by both such fine and imprisonment, for a second or subsequent offense; plus, in both cases, the fine provided in Subsection B of this section.

A violation of the provisions of this chapter by any vehicle or combination of vehicles whose weight exceeds the weight limitations as set forth in either of such sections, or the weight limitations specified by a permit issued by the United States or New York State Department of Transportation, shall be punishable by fines levied on the registered owner of the vehicle or vehicles, whether at the time of the violation the vehicle was in the charge of the registered owner or his agent or lessee, in accordance with the following schedule (in addition to the fines as prescribed in Subsection A of this section):

Excess Total Weight (pounds)
Greater Than but Less Than or Equal to		Amount of Fine
	2,000	$50
2,000	3,000	$75
3,000	4,000	$100
4,000	5,000	$200
5,000	6,000	$300
6,000	7,000	$400
7,000	8,000	$500
8,000	9,000	$600
9,000	10,000	$700
10,000	15,000	$1,200
15,000	20,000	$1,700
20,000	25,000	$2,200
25,000	30,000	$2,700
30,000 or greater		$2,700 plus $0.06 for each pound in excess of 30,000

[NOTE: Where the excess total weight is greater than the limits specified by a United States or New York State Department of Transportation excess weight permit, the permit shall, for the purposes of computing the fine, be deemed void, and the amount of fine shall be determined in accordance with the maximum weight which would have been in effect for the operation of such vehicle if the permit to exceed such maximum weight had not been issued.]

A violation of the provisions of this chapter by any vehicle or combination of vehicles whose weight exceeds the weight limitation as set forth in this chapter or the weight limitations specified by a permit issued by the United States or New York State Department of Transportation shall be punishable by fines levied on the registered owner of the vehicle or vehicles, whether at the time of the violation the vehicle was in the charge of the registered owner or his agent or lessee, in accordance with the following schedule, in addition to fines as prescribed in Subsection A of this section:

Percentage of Excess Weight
Greater Than but Less Than or Equal to		Amount of Fine
0%	5%	$100
5%	10%	$200
10%	15%	$350
15%	20%	$600
20%	25%	$1,000
25%	30%	$1,600
30%		$2,450

[NOTE: Where the excess axle or axles is greater than the limits specified by a permit issued by the United States or New York State Department of Transportation, the permit shall, for the purposes of computing the fine, be deemed void, and the amount of fine shall be determined in accordance with the maximum weight which would have been in effect for the operation of such vehicle if the permit to exceed such maximum weight had not been issued.]

In connection with the weighing of a vehicle or combination of vehicles, if it is found that there is a violation of Subsection I and also of Subsection G or H or both Subsections G and H of § 120-5, there shall be a single fine imposed, and the maximum amount of such fine shall not exceed the highest fine that could be imposed under Subsection A of this section.

The court may impose any sentence authorized by this chapter; provided, however, that any such sentence must include a fine as provided in this section.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 5-5-1988 by L.L. No. 9-1988. Amendments noted where applicable.]

GENERAL REFERENCES
Building construction — See Ch. 96.
Property maintenance — See Ch. 240.
Garbage, rubbish and refuse — See Ch. 264, Art. I.

[Amended 12-18-1997 by L.L. No. 6-1997]

The dumping of all construction and demolition material and the burying of trees and tree stumps within the Town of Woodbury is hereby prohibited.

A violation of this chapter shall be punishable by a fine not exceeding $10,000 for each violation. Each day or part thereof that a violation continues shall be deemed a separate violation.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 6-7-1979 by L.L. No. 3-1979. Amendments noted where applicable.]

GENERAL REFERENCES
Building construction — See Ch. 96.
Licensing of contractors — See Ch. 113.

A.	The terms used herein shall have the same meanings as such terms are defined in the State Energy Code, unless the context requires a different meaning.
B.	"Code" shall mean the New York State Energy Conservation Construction Code.

The code shall be administered and enforced by the Building Inspector of the Town of Woodbury in the same manner, to the extent as and in accordance with procedure applicable to the Town Building Code, Editor's Note: See Ch. 96, Building Construction, Art. II, Administration and Enforcement. except as otherwise provided herein.

Plans and specifications for construction of a building prepared by a licensed professional engineer or architect and certified that they are in compliance with the code shall be deemed acceptable under the code to the Building Inspector of the Town of Woodbury for the purpose of issuing a building permit or other similar approval necessary to commence construction.

§ 132-4. Certification of completion required prior to issuance of certificate of occupancy.

A certification by a licensed professional engineer or architect that construction has been completed in compliance with the code may be accepted by the Building Inspector of the Town of Woodbury as evidence of such compliance for purposes of issuing a certificate of occupancy or other similar approval or authorization for occupancy or use of the building.

If the Building Inspector of the Town of Woodbury determines that a building subject to the code is not in compliance with such code, he shall allow at least 30 days or such other period of time as may be applicable under the Town Building Code, whichever is longer, for such compliance.

Any person having been served with an order pursuant to the provisions of this chapter and who fails to comply with such order within 30 days after such service or within the time fixed by the Building Inspector of the Town of Woodbury for compliance, whichever is greater, and any owner, builder, architect, engineer, contractor or subcontractor taking part or assisting in the construction or use of any building who shall knowingly violate any applicable provisions of the code or any lawful order of the Building Inspector of the Town of Woodbury made thereunder shall be punishable by a fine of not more than $500 or by imprisonment for not more than 30 days in jail, or both. Except as otherwise provided by law, any such violation shall not be a crime, and the penalty and punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility of a witness, or otherwise, or of any person convicted thereof.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 2-15-1979 by L.L. No. 2-1979. Amendments noted where applicable.]

GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 36.
Building construction — See Ch. 96.
Energy Conservation Construction Code — See Ch. 132.
Fees — See Ch. 143.
Freshwater wetlands — See Ch. 165.
Subdivision of land — See Ch. 272.
Zoning — See Ch. 310.

A.	Unless the context shall otherwise require, the terms, phrases, words and derivatives used in this chapter shall have the same meanings as those defined in Article 8 of the New York Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
B.	The following terms shall have the meanings indicated:
	EAF — Environmental assessment form.
	EIS — Environmental impact statement.
	SEQR — The State Environmental Quality Review Act as set forth in Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
	TOWN — The Town of Woodbury.

No decision to carry out, fund or approve an action other than an excluded action, exempt action or Type II action as listed in § 135-3 hereof shall be made by any of the town boards or by any department, commission, officer or employee of the town until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations; provided, however, that nothing herein shall be construed as prohibiting:

A.	The conducting of contemporaneous environmental, engineering, economic feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided that those activities do not commit the agency to commence, engage in or approve such action.
B.	The engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination shall entitle or permit the applicant to commence the action unless and until all requirements of this chapter have been fulfilled.

A.	Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, those actions listed in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations Editor's Note: See now Section 617.4. as Type I actions are likely to have a significant effect on the environment.
B.	Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, those actions listed in Section 617.13 of Title 6 of the New York Codes, Rules and Regulations Editor's Note: See now Section 617.5. as Type II actions are deemed not to have significant effect on the environment, including the issuance of a building permit and certificate of occupancy by the Woodbury Building Department.
C.	Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, all excluded actions which were undertaken, funded or approved prior to the effective dates set forth in SEQR are deemed not to be required to comply with this chapter.
D.	Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, all exempt actions as defined by Section 617.2(n) are deemed not to have a significant effect on the environment, including the issuance of a building permit and certificate of occupancy by the Woodbury Building Department.
E.	Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, unlisted actions shall mean all actions not excluded or exempt and not listed as a Type I or Type II action in this chapter.

As early as possible in an agency's formulation of an action it proposes to undertake, or as soon as an agency receives an application for a funding or approval action, it shall do the following:

Determine whether the action is subject to SEQR. If the action is an exempt, an excluded or a Type II action, the agency shall have no further responsibilities under this chapter.

Determine whether the action involves a federal agency. If the action involves a federal agency, the provisions of § 135-13 of this chapter shall apply.

(1)	If the action is a Type I action, the provisions of § 135-5 of this chapter shall govern the designation of lead agency.
(2)	If the action is an unlisted action, the provisions of § 135-6 of this chapter shall govern the designation of lead agency.

§ 135-5. Designation of lead agency and determination of significance for Type I actions.

The provisions of this section shall govern the designation of lead agency and determination of significance for all Type I actions.

An EAF shall be completed for every Type I action which is directly undertaken, funded or approved by an agency unless an acceptable draft EIS has already been or will be prepared on the action. No EAF shall be considered complete unless it contains a list prepared by the applicant of all other involved agencies which the applicant has been able to ascertain, exercising all due diligence.

Actions involving one agency. When an agency proposes to directly undertake an action which does not require funding or approval from any other agency or receives an application to fund or approve an action over which no other agencies have approval authority, it shall be the lead agency and shall determine the significance of the action in accordance with § 135-10 of this chapter and Sections 617.12 and 617.13 of Title 6 of the New York Codes, Rules and Regulations Editor's Note: See now Sections 617.4 and 617.5, respectively. within the following time periods:

(1)	If the agency is directly undertaking the action, it shall determine the significance of the action as early as possible in the design or formulation of the action.
(2)	If the agency has received an application for funding or approval of the action, it shall determine the significance of the action within 15 days of its receipt of the application, an EAF and any additional information it deems necessary to make that determination.

Actions involving more than one agency.

(1)

When an agency proposes to directly undertake an action which requires funding or approval from one or more other agencies or receives an application for funding or approval which other agencies have approval authority over, it shall, as soon as possible, mail the completed EAF and a copy of any application it has received to all involved agencies notifying them that within 30 days of the date the EAF was mailed to them a lead agency must be designated by agreement among them.

(2)

The lead agency shall determine the significance of the action in accordance with § 135-10 of this chapter and Sections 617.12 and 617.13 of Title 6 of the New York Codes, Rules and Regulations Editor's Note: See now Sections 617.4 and 617.5, respectively. within 15 days of its designation as lead agency or within 15 days of its receipt of any information it may need to make the determination of significance, whichever occurs later, and shall immediately notify all other involved agencies of its determination.

Actions for which lead agency cannot be designated by agreement.

(1)	If within the thirty-day period allotted for designation of lead agency the involved agencies are unable to agree upon which agency shall be the lead agency, any involved agency or the applicant may write to the Commissioner requesting that a lead agency be designated. Editor's Note: "Commissioner" refers to the State Commissioner of Environmental Conservation. Simultaneously, copies of the request shall be mailed to all involved agencies and the applicant.
(2)	Within five business days of the date a copy of the request is mailed to them, involved agencies and the applicant may submit to the Commissioner any comments they may have on the issue.
(3)	The Commissioner, within 12 business days of the date the request was mailed, shall designate a lead agency based on a review of the facts, the criteria in Section 617.5 of Title 6 of the New York Codes, Rules and Regulations, Editor's Note: See now Section 617.6. and any comments received.
(4)	Notification of the Commissioner's designation of lead agency shall be mailed to all involved agencies and the applicant.
(5)	A lead agency designated by the Commissioner shall determine the significance of the action in accordance with § 135-10 of this chapter and Sections 617.12 and 617.13 of Title 6 of the New York Codes, Rules and Regulations Editor's Note: See now Sections 617.4 and 617.5, respectively. within 15 days of its designation as lead agency or within 15 days of its receipt of whatever information it deems necessary to make the determination of significance, whichever occurs later, and shall immediately notify all other involved agencies of its determination.

§ 135-6. Designation of lead agency and determination of significance for unlisted actions.

The provisions of this section shall govern the designation of lead agency and determination of significance for all unlisted actions. When an agency is reviewing an unlisted action, coordinated review is required only when the agency determines that an EIS will be prepared. Unless and until written notification of lead agency status and determination of significance have been given to all other involved agencies, each subsequent involved agency shall make its own determination of significance and may require an EIS. For unlisted actions, lead agency status is not confirmed and an individual agency's determination of nonsignificance can be superseded at any time until one of the following occurs:

(1)	All involved agencies receive written notification pursuant to § 135-6D herein and fail to respond to the notice within the prescribed time period.
(2)	All involved agencies have issued all final decisions on the action.

An EAF is not required in connection with every unlisted action. However, an agency may use a short-form EAF to determine whether it has sufficient information on which to base its determination of the environmental significance of an action. If after considering the completed short-form EAF it has insufficient information, it shall use a standard form EAF to elicit the information it needs to determine the environmental significance of the action.

As early as possible in the formulation of plans for an unlisted action to be directly undertaken, or within 15 days of receipt of an application for funding or approval of an unlisted action, an agency shall make an initial determination of the significance of the action in accordance with § 135-10 of this chapter and Sections 617.12 and 617.13 of Title 6 of the New York Codes, Rules and Regulations. Editor's Note: See now Sections 617.4 and 617.5, respectively.

If an agency or applicant chooses to coordinate the review of involved agencies and promptly designate a lead agency and confirm initial determinations of significance, it may ascertain, exercising all due diligence, all other involved agencies and notify such agencies of the initial determination, supplying them with a copy of any EAF and any applications which have been prepared and reasons supporting the initial determination.

If within 15 days from the date of mailing notification described in § 135-6D herein, no involved agency submits a written objection to the agency which made the initial determination of significance being lead agency, that agency shall be the lead agency and shall:

(1)	Follow the provisions of § 135-7 of this chapter if it has determined an EIS is required.
(2)	Maintain a file of its determination and supporting reasons available for public inspection if it has determined an EIS is not required.

If within 15 days from the date of notification described in § 135-6D herein any involved agency submits a written objection to the agency which made the initial determination of significance being the lead agency, it shall be the responsibility of all involved agencies to follow the procedures prescribed in § 135-5D and E of this chapter for designation of lead agency. The lead agency shall then determine significance of the action and proceed as described in § 135-7 of this chapter.

When an agency is lead agency for an action involving an applicant and has determined that an EIS is required, it shall immediately notify the applicant and all other involved agencies in accordance with § 135-9C, in writing, that it is the lead agency and that an EIS is required. The applicant or the agency, at the applicant's option, shall prepare the draft EIS. If the applicant does not exercise the option to prepare the draft EIS, the lead agency shall prepare it, cause it to be prepared or terminate its review of the action.

When the applicant prepares the draft EIS, the draft EIS shall be submitted to the lead agency, which shall determine whether to accept it as satisfactory with respect to its scope, content and adequacy for purposes of this chapter.

When the lead agency has completed a draft EIS or when it has accepted a draft EIS prepared by an applicant, the lead agency shall file a notice of completion of the draft EIS and a copy of the draft EIS in accordance with the requirements set forth in § 135-9 of this chapter. Agencies shall provide for a commenting period on the draft EIS to be not less than 30 days.

When the lead agency has completed a draft EIS or when it has accepted a draft EIS prepared by an applicant, the lead agency shall determine whether or not to conduct a public hearing concerning the action. If a hearing is to be held, the lead agency shall file notice thereof in accordance with § 135-9 of this chapter, which notice may be contained in the notice of completion of the draft EIS. The notice of hearing shall also be published at least 14 days in advance of the public hearing in the official town newspaper. The hearing shall commence not less than 15 nor more than 60 days after the filing of the draft EIS pursuant to § 135-9.

Except as provided in Subsection E(1) and (2) below, the lead agency shall prepare or cause to be prepared a final EIS within 45 days after the close of any hearing or within 60 days after the filing of the draft EIS, whichever last occurs.

(1)

If the proposed action has been withdrawn or if, on the basis of the draft EIS or hearing, the lead agency has determined that the action will not have a significant effect on the environment, no final EIS need be prepared. Notice of such determination shall be filed in accordance with § 135-9 of this chapter.

(2)

The last date for preparation of the final EIS may be extended:

(a)	Where it is determined that additional time is necessary to prepare the statement adequately; or
(b)	Where problems with the proposed action requiring material reconsideration or modification have been identified; or
(c)	For other good cause.

Notice of completion of the final EIS and copies of the final EIS shall be filed in accordance with § 135-9 of this chapter.

Prior to the lead agency's decision on an action which has been the subject of a final EIS, it shall afford agencies and the public a reasonable time period (not less than 10 days) in which to consider the final EIS.

In the case of an action involving an applicant, the lead agency's decision on whether or not to approve or fund an action which has been the subject of a final EIS shall be made within 30 days after the filing of the final EIS except for good cause.

No agency, whether lead agency or not, shall make a final decision to commence, engage in, fund or approve an action that has been the subject of a final federal or a final SEQR EIS until it has:

(1)

Given consideration to the final EIS.

(2)

Made a written finding that:

(a)	The requirements of this chapter have been met.
(b)	Consistent with social, economic and other essential considerations from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the relevant environmental impact statement.
(c)	Consistent with social, economic and other essential considerations, to the maximum extent practicable adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by incorporating as conditions to the decision those mitigating measures which were identified as practicable.

(3)

Prepared a written statement of the facts and conclusions relied upon in the EIS supporting its decision and indicating the social, economic and other factors and standards which formed the basis of its decision.

No agency shall make a decision not to approve an action until it has prepared a written statement of the facts and conclusions relied on in the EIS or comments provided thereon.

All notices, EIS's and other SEQR documents shall be prepared, filed, circulated and made available as prescribed in this section.

Determination of nonsignificance. In the case of all Type I actions, a notice of determination that an EIS will not be prepared, based on a determination that the proposed action will not have a significant effect on the environment (negative declaration), shall be prepared and filed as indicated below by the lead agency. The notice shall state that it is a negative declaration for the purposes of Article 8 of the Environmental Conservation Law, shall state the name and address of the lead agency and the name and telephone number of a person who can provide further information, shall briefly and precisely describe the nature, extent and location of the action and shall briefly state the reasons supporting the determination. Agencies shall maintain files of the written analyses and findings leading to their determinations on all actions subject to SEQR. The notice of determination for Type I actions shall be filed simultaneously as follows:

(1)	With the Commissioner at 50 Wolf Road, Albany, New York 12233.
(2)	With the appropriate regional office of the Department.
(3)	In the office of the chief executive officer of the political subdivision in which the action will be principally located.
(4)	In the main office and appropriate regional office, if any, of the lead agency.
(5)	If the action involves an applicant, with the applicant.
(6)	If other agencies are involved in approval of the action, with each other agency.

Determination of significance. In the case of all Type I and unlisted actions, a notice of determination that a draft EIS will be prepared, based on a determination that the proposed action may have a significant effect on the environment (positive declaration), shall be prepared and filed as indicated below by the lead agency. The notice shall state that it is a positive declaration for purposes of Article 8 of the Environmental Conservation Law, shall state the name and address of the lead agency and the name and telephone number of a person who can provide further information, shall briefly and precisely describe the nature, extent and location of the action, shall briefly describe the possible significant environmental effects that have been identified and shall briefly state the reasons supporting the determination. Agencies shall maintain files of the written analyses and findings leading to their determinations. The notice of determination shall be filed as prescribed in § 135-9B herein.

Notices of completion of draft EIS.

(1)

Whenever a draft EIS has been prepared, a notice of its completion shall be prepared and filed as indicated below by the lead agency. The notice shall state that it is a notice of completion of a draft EIS, shall state the name and address of the lead agency and the name and telephone number of a person who can provide further information and shall also contain the following:

(a)	A brief and precise description of the action covered by the statement and the location and nature of its potential environmental impacts and effects.
(b)	A statement indicating where and how copies of the statement can be obtained from the lead agency.
(c)	A statement that comments on the statement are requested and will be received and considered by the agency at a given address for a stated period (not less than 30 days from the first filing and circulation of the notice of completion or not less than 10 days following a public hearing at which the environmental impacts of the proposed action are considered).

(2)

Notice of completion shall be filed as prescribed in §%%'entity-nbsp'%%135-9B herein, and shall be sent to the state clearinghouse and the relevant regional clearinghouse designed under Federal Office of Management and Budget Circular A-95. The Department shall publish all notices of completion of all draft EIS's in the Environmental Notice Bulletin.

Draft EIS. The draft EIS, together with the notice of its completion, shall be filed and made available for copying as follows:

(1)	One copy with the Commissioner, Department of Environmental Conservation.
(2)	One copy with the appropriate regional office of the Department of Environmental Conservation.
(3)	One copy with the Supervisor of the Town of Woodbury.
(4)	If other agencies are involved in the approval of the action, with each such agency.
(5)	One copy with persons requesting it. Where sufficient copies of a statement are not available, the lead agency may charge a fee to persons requesting the statement to cover its cost in making the additional statement available.

Notices of hearing. A notice of hearing, if the lead agency determines that one is to be held, shall be prepared by the lead agency and shall specify the time, place and purpose of the hearing and shall contain a summary of the information contained in the notice of completion of the draft EIS. The notice of hearing shall be filed as prescribed in § 135-9B herein and shall be published at least 14 days in advance of the hearing date in the town's official newspaper.

Notices of completion of final EIS. A notice of completion of a final EIS shall be prepared by the lead agency. It shall state that it is a notice of completion of final EIS, shall state the name and address of the lead agency and shall contain the items prescribed in § 135-9D(1)(a) and (b) herein. It shall be filed as prescribed in § 135-9B herein.

Final EIS. The final EIS, together with the notice of its completion, shall be filed in the same manner as a draft EIS.

Each agency which prepares notices, statements and findings required in this chapter shall retain copies thereof in a file which is readily accessible for public inspection.

In order to determine whether a proposed Type I or unlisted action may have a significant effect on the environment, the impacts which may be reasonably expected to result from the proposed action must be compared against the criteria of Section 617.11 of Title 6 of the New York Codes, Rules and Regulations, Editor's Note: See now Section 617.7. whether or not an EAF has been prepared.

The preparation and content of environmental impact statements shall be prepared in conformity with Section 617.14 of Title 6 of the New York Codes, Rules and Regulations. Editor's Note: See now Section 617.9.

A programmatic or generic environmental impact statement may be used to assess the environmental effects of:

A.	A number of separate actions in a given geographic area which, if considered singly, may have minor effects but, if considered together, may have significant effects.
B.	A sequence of actions contemplated by a single agency or individual.
C.	Separate actions having generic or common impacts.
D.	Programs or plans having wide application or restricting the range of future alternative policies or projects.

Actions involving a federal agency.

(1)	When a draft and final EIS for an action has been prepared under the National Environmental Policy Act of 1969, an agency shall have no obligation to prepare an additional EIS. However, except in the case of excluded or exempt actions, no agency may undertake or approve the action until the federal final EIS has been completed and the agency has made the findings prescribed in § 135-8 of this chapter.
(2)	Where a negative declaration or other written threshold determination that the action will not require a federal impact statement has been prepared under the National Environmental Policy Act of 1969, the determination shall not constitute compliance with SEQR. In such cases, agencies remain responsible for compliance with SEQR.
(3)	In the case of an action involving a federal agency for which either a federal negative declaration or a federal draft and final EIS have been prepared, except where otherwise required by law, a final decision by a federal agency shall not be controlling on any state or local agency decision on the action.

No SEQR findings are required for actions which are excluded or exempt from SEQR.

A.	When an action subject to this chapter involves an applicant, the lead agency may charge a fee to the applicant in order to recover the actual costs of preparing or reviewing the EIS; provided, however, that an applicant may not be charged a separate fee for both the preparation and review of an EIS, and provided further that any fee charged must reflect the actual costs to the lead agency for such preparation or review. When an applicant does not choose to prepare the EIS, the agency shall provide the applicant, upon request, with an estimate of the cost of preparing such statement based upon § 143-3C, Special consultants' fees. [Amended 1-16-1992 by L.L. No. 1-1992]
B.	For residential projects, the total project cost shall be the cost of the land plus the cost of all site improvements required, not including the cost of buildings and structures. In the case of a residential project, the fee charged by an agency shall be based upon § 143-3C, Special consultants' fees. [Amended 1-16-1992 by L.L. No. 1-1992]
C.	For nonresidential construction projects, the total project cost shall be the cost of supplying utility service to the project, the cost of site preparation and the cost of labor and material as determined with reference to a current cost data publication in common usage, such as Building Construction Cost Data, by Means. In the case of construction projects, the fee charged shall be based upon § 143-3C, Special consultants' fees. [Amended 1-16-1992 by L.L. No. 1-1992]
D.	The technical services of the Department may be made available to other agencies on a fee basis reflecting the costs thereof, and the fee charged to any applicant pursuant to § 135-14A herein may reflect such costs.

When an applicant submits a completed EAF, draft or final EIS or otherwise provides information concerning the environmental impacts of a proposed project, the applicant may request that specifically identified information be held confidential upon a showing by the applicant that such information constitutes a trade secret. Prior to divulging any such information, the agency shall notify the applicant of its determination of whether or not it will hold the information confidential.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 12-19-1985 by L.L. No. 11-1985. Amendments noted where applicable.]

The Civil Rights Act of 1866 provides that: "all citizens of the United States shall have the same right, in every state and territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold and convey real and personal property." When Congress adopted Title VIII of the Civil Rights Act of 1968, the "Federal Fair Housing Law," as amended by the Housing and Community Development Act of 1974, it declared a national policy of providing fair housing throughout the United States and protection against discrimination based on race, color, religion, sex or national origin in connection with the sale or rental of most housing and any vacant land offered for residential construction or use. Thereafter, Executive Order No. 11063 established a policy of equal opportunity in housing and nondiscrimination in the sale or rental of housing built with federal assistance. In New York, an amendment to the Executive Law of the State of New York, Chapter 414, eliminated and prevented discrimination because of race, creed, color or national origin in commercial space and in specified housing accommodation although without public assistance, expressly including real estate brokers and financial institutions. The Town Board of the Town of Woodbury hereby finds and declares that practices of discrimination in housing against any of its inhabitants because of race, color, religion, sex or national origin are a matter of the Town of Woodbury's concern; that such discrimination not only threatens the rights and privileges of its inhabitants, but menaces the institution and foundations of a free democratic society and threatens the peace, order, health, safety and general welfare of the Town of Woodbury and its residents. It is hereby declared to be the policy of the Town of Woodbury to assure equal opportunity to all residents to find and finance decent, safe and sanitary housing in order that the peace, health, safety and general welfare of all residents of the Town of Woodbury may be protected and ensured. The Town of Woodbury by the acceptance of grants under the Housing and Community Development Act of 1974, as amended, has given assurance it will comply with all applicable federal laws and executive orders.

For the purpose of this chapter, the following definitions shall apply to the following terms:

DISCRIMINATION — Any difference in treatment based on race, creed, color, national origin or ancestry and shall include segregation, except that it shall not be discrimination for any religious or denominational institution to devote its facilities, exclusively or primarily, to or for member of its own religion or denomination or to give preference to such members or to make such selection as is calculated by such institution to promote the religious principles for which it is established or maintained.

DWELLING — Any building or structure or portion thereof, which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings.

FAMILY — A person occupying a dwelling and maintaining a household, with not more than four boarders, roomers or lodgers, or two or more persons occupying a dwelling, living together and maintaining a common household, with not more than four boarders, roomers or lodgers. A "boarder," "roomer" or "lodger" residing with a family shall mean a person living within the household who pays a consideration for such residence and does not occupy such space within the household as an incident of employment therein.

HOUSING ACCOMMODATION — Any building, structure or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings.

OWNER-OCCUPIED — The physical possession by the owner and/or his family or technical possession by retention of title and nonrelinquishment of possession to someone else by rental or otherwise.

TEMPORARY PERIOD — A period not to exceed one year where an owner relinquishes possession of his housing accommodation for a period not exceeding one year with intent to return to said housing accommodations within said one-year period, or less, as a permanent domicile.

TOWN BOARD — The duly elected Town Board of the Town of Woodbury.

Except as otherwise provided in this section, a lessee, sublessee, assignee, real estate broker, real estate salesman, agent, commercial lender, such as banks, savings and loan associations and insurance companies, or other person shall be prohibited from doing the following:

(1)	Refuse to sell or rent to, deal or negotiate with any person.
(2)	Discriminate in terms or conditions for buying or renting housing.
(3)	Discriminate by advertising that housing is available only to persons of a certain race, color, religion, sex or national origin.
(4)	Deny that housing is available for inspection, sale or rent when it really is available.
(5)	Blockbust for profit, persuade owners to sell or rent housing by telling them that minority groups are moving into their neighborhood.
(6)	Deny or make different terms or conditions for home loans by commercial lenders, such as banks, savings and loan associations and insurance companies.
(7)	Deny to anyone the use or participation in any real estate services, such as brokers' organizations, multiple-listing services or other facilities related to the selling or renting of housing.

This chapter shall not apply to the following:

(1)

Any single-family house sold or rented by a private individual owner, provided that:

(a)

Such private individual owner does not own more than three such single-family houses at any one time.

(b)

In the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale, or who was not the most recent resident of such house prior to such sale. This exemption shall apply only with respect to one such sale within any twenty-four-month period.

(c)

Such private individual owner does not own any interest in, nor is there owned or reserved on their behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time.

(d)

The sale or rental of any such single-family house after December 31, 1969, shall be excepted from the application of this chapter only if such house is sold or rented:

[1]	Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman or person; and
[2]	Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 139-3A(3) of this chapter.

(2)

Rooms or units in dwellings containing living quarters occupied or intended to be occupied by not more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as their residence.

The Town Board shall appoint a Fair Housing Officer who shall be a resident of the Town of Woodbury and shall serve at the pleasure of the Town Board without compensation. The Town Board may remove the Fair Housing Officer for inefficiency, neglect of duty, excessive absenteeism, misconduct or malfeasance in office, after being given a written statement of the charges and an opportunity to be heard thereon.

The Fair Housing Officer shall have the following powers and duties. He shall:

A.	Establish and maintain a principal office at the Town Hall or some other place designated by the Town Board.
B.	Formulate policies, rules and procedures and the necessary forms required to carry out the purposes of this chapter with the consent of the Town Board.
C.	Issue such publications and such results of investigations and research as, in the Fair Housing Officer's judgment, will tend to promote good will and minimize or eliminate discrimination because of race, creed, color, religion, sex or national origin.
D.	Consult with local realtors, housing developers and homebuilders and commercial lenders on their fair housing responsibilities.
E.	Review existing and proposed revisions to local land use plans and controls to determine any inconsistencies with the purposes of this chapter.
F.	Investigate all complaints alleging violations of this chapter.
G.	Submit each year to the Town Board a written report of all fair housing activities and such recommendations as may be required to better effectuate the purposes of this chapter.

The Orange County Legislature has established an Orange County Human Rights Commission whose responsibility is to foster mutual respect and understanding among all racial, religious and nationality groups in Orange County. Also, the Commission is charged with the further responsibility to receive complaints of alleged discrimination because of race, creed, color or national origin and to seek solutions to such complaints.

Any person claiming to be aggrieved by a violator of § 139-3 hereof may, individually or by their attorney, file with the Fair Housing Officer a written verified complaint which shall state the name and address of the owner or other person alleged to have committed the act of discrimination and shall set forth the particulars of the alleged violation and such other information as may be required by the Fair Housing Officer. Such complaint shall be filed within 60 days after the alleged act of discrimination. After the complaint is filed, the Fair Housing Officer shall make a prompt investigation in connection therewith. If, after such investigation, the Fair Housing Officer determines that a violation exists, the Fair Housing Officer shall immediately endeavor to eliminate the unlawful discriminatory practice. However, if the Fair Housing Officer shall find that a respondent has not engaged in any such unlawful discriminatory practice, the Fair Housing Officer shall prepare findings of fact and shall issue and cause to be served on the complainant an order dismissing the complaint as to such respondent.

In the event the unlawful discriminatory practice is not eliminated, the Fair Housing Officer shall serve in the name of the Orange County Human Rights Commission a written notice together with a copy of such complaint to the respondent to answer the charges of such complaint at a hearing before the Commission at a time and place specified in such notice. The complainant and respondent shall be subject to the rules and regulations adopted by the Orange County Human Rights Commission for such hearing, but in no event shall the Fair Housing Officer participate in the hearing except as a witness. Immediately after the Commission has adopted its decision and filed an order, such decision and order shall be filed with the Fair Housing Officer.

Nothing contained in this chapter shall be deemed to repeal any of the provisions of the civil rights laws or any other laws of the State of New York relating to discrimination because of race, creed, color or national origin. Whenever a complaint has been filed with the Orange County Human Rights Commission, pending a final determination, no other action, civil or criminal, based upon the individual grievance shall be instituted. In the event that an individual institutes any action based upon such grievance without resorting to the provisions herein provided in this chapter, such individual may not subsequently file a complaint pursuant to § 139-7 of this chapter.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 6-2-1983 by L.L. No. 2-1983. Amendments noted where applicable.]

The purpose of this chapter is to provide a consolidated schedule of fees to be charged in the administration of Town laws, ordinances, regulations and resolutions and to permit an annual review and modification of such fees by the Town Board.

The fees set forth herein shall apply to the provisions of all of the local laws, ordinances, regulations and resolutions of the Town of Woodbury adopted prior to the date of this chapter and shall supersede any specific fee contained or referred to therein.

The schedule of fees of the Town of Woodbury shall be as follows:

Application to the Zoning Board of Appeals and Planning Board. [Amended 9-21-1989 by L.L. No. 12-1989; 12-5-1991 by L.L. No. 10-1991; 4-15-1999 by L.L. No. 5-1999; 11-18-1999 by L.L. No. 11-1999; 1-18-2001 by L.L. No. 1-2001]

(1)

Zoning Board of Appeals fees.

(a)	Special permit: $150.
(b)	Residential area variance: $250.
(c)	Residential use variance: $250.
(d)	Commercial area variance: $500.
(e)	Commercial use variance: $750.
(f)	ZBA interpretation of code: $250.
(g)	Review of ruling by Building Inspector: $250.

(2)

Planning Board fees.

(a)	Special permit, new and renewal: $75.
(b)	Site plan: $75.
(c)	Subdivision: $75.

(3)

Subdivisions, minor and major, excluding planned unit development.

(a)

Minor: $100.

(b)

Major.

[1]	Sketch plan approval: $25 per lot.
[2]	Preliminary approval: $50 per lot.
[3]	Final approval: $25 per lot. This sum shall be refunded by the Town if the Planning Board determines that such amount is not required.
[4]	Parkland fees: $3,500 per lot. The parkland fee is to be paid directly to the Town Supervisor's office to be held in escrow for the benefit of the Town's parks. [Amended 5-17-2007 by L.L. No. 4-2007]

(4)

Site plan approval.

(a)	Existing structures or additions to existing structures: $100.
(b)	New development, business or industrial structures: $500.
(c)	Mobile home court (per mobile home, per application and/or renewal of special permit): $75.

(5)

Site plan and subdivision inspection escrow fee not less than 4% nor greater than 6% of the amount of the value of construction, which amount is to be estimated by the Town Engineer, to help defray costs of observing the work to provide better assurance to the Town that it is in accordance with the approved plans for the construction of roads, water systems, sewer systems and other utilities in the development.

Application to Building Department.

(1)

Fees.

(a)

Floodplain letter: $20 per letter.

(b)

Building permit. The following fees are based upon a cost of construction rate of $50 per square foot of living area: [Amended 9-21-1989 by L.L. No. 12-1989; 2-4-1999 by L.L. No. 2-1999]

[1]	Residential: $10 per $1,000.
[2]	Commercial: $12 per $1,000.

(c)

Certificate of occupancy or copies: $25. [Amended 9-21-1989 by L.L. No. 12-1989]

(d)

Amendment to building permit: $30. [Added 9-21-1989 by L.L. No. 12-1989]

(e)

Extension of building permit: $5 per month. [Added 9-21-1989 by L.L. No. 12-1989]

(f)

Fire permit: $50. [Added 9-21-1989 by L.L. No. 12-1989; amended 2-4-1999 by L.L. No. 2-1999]

(g)

Blasting permit: $100. [Added 9-21-1989 by L.L. No. 12-1989; 2-4-1999 by L.L. No. 2-1999]

(h)

Bungalow permit: $10 per unit. [Added 2-4-1999 by L.L. No. 2-1999]

Special consultants' fees. [Amended 10-17-1991 by L.L. No. 8-1991]

(1)

The Town Board, Planning Board and Board of Appeals, in the review of any application described above or in reviewing any other application which is presented to any of the Boards whereby consultants are to be retained to advise such Boards, may refer any such application presented to it to such engineering, planning, legal, technical, environmental, wetlands, wireless communications facilities or other consultant as such Board shall deem necessary to enable it to review such application as required by law. The amount of the fee shall be determined pursuant to the provisions of Subsection C(3). [Amended 12-17-1998 by L.L. No. 14-1998]

(2)

Escrow. The applicant shall deposit with the Town Clerk an escrow to cover the costs to be incurred by the Town for the aforesaid consulting services or other special retained expert in connection with applications before the respective Boards.

(3)

Planning Board amount of escrow. The Woodbury Building Department shall compute the initial escrow charge in accordance with the following schedule:

(a)

Subdivisions.

[1]	Residential: $1,500 per lot.
[2]	Commercial: $3,500 per lot.
[3]	Lot line change: $1,000.

(b)

Site plan approval.

[1]	New structure or use: $2,000 per acre and $0.50 per square foot of structure.
[2]	Existing structure or use: $1,000 per acre and $0.25 per square foot of structure.

(c)

Informal work session appearance: $250.

(d)

Architectural Review Board appearance.

[1]	Residential: $500.
[2]	Commercial: $500, plus $0.05 per square foot of building area.

(e)

Other nonlisted matters. In any and all matters that the consultants are requested to review and advise the aforesaid Boards, the fees that are charged by such consultants shall be determined, where possible, in advance, and the individual applicant shall be required to deposit moneys into the escrow account pursuant to this Subsection C.

(f)

Retaining of other consultants. If necessary, where other special consultants are to be retained, the consulting engineer and/or consulting planner shall refer that portion of the application to the outside consultants for determination of the amount of their fees. After the consulting engineer and/or consulting planner have determined the amount of the escrow for the aforesaid consulting services, they shall notify the Building Department of the additional escrow requirement. The application will not be listed for any meetings or hearings before the respective Boards until all fees, including the escrow, are paid.

(4)

Replacement of escrow account. If the escrow account falls below 20% of the initial deposit, the Building Department may, if recommended by the consulting engineer and the consulting planner, require that the applicant pay additional funds into the escrow account up to 50% of the initial deposit.

(5)

Reimbursement of escrow. In the event that an applicant shall withdraw his or her application at any stage of the proceedings or when the application review and approval process has been completed, the excess funds in the applicant's account, if any, either shall be remitted to the applicant or, if so directed by the applicant, shall remain on deposit as the applicant's initial payment toward the postapproval inspection requirements.

(6)

Deficiency of account. The application shall be responsible for all of the foregoing fees, notwithstanding that the escrow account might be insufficient for said fees or expenses.

(7)

Review of application. No review shall be undertaken by the consultants or the matter scheduled before a particular Board until the escrow account and all fees, as set forth herein, are paid.

Water and sewer consultant fees and inspection fees. [Added 12-18-1997 by L.L. No. 6-1997]

(1)	Where the Water and Sewer Department is required to review plans and specifications for buildings not located within subdivisions or site plans approved by the Woodbury Planning Board, the Superintendent of the Water and Sewer Department may refer the plans and specifications to such engineering, legal, technical, environmental or other consultants as the Superintendent of Water and Sewer Department shall deem necessary to enable the Department to review such plans and specifications. The owner or the contractor shall be required to deposit a sum of money for the amount of the consultant's fees, which sum shall include the time required by the Water and Sewer Department to inspect the water and sewer facilities for the project.
(2)	Escrow. The owner or contractor for whose property such facilities are to be provided shall deposit with the Town Clerk an escrow to cover the costs to be incurred by the Water and Sewer Department for consulting services and services to be provided by the Water and Sewer Department in connection with reviewing the plans and specifications and making the required inspections for the site.
(3)	Amount of escrow. The Woodbury Water and Sewer Department or the Town's consulting engineer shall compute the initial escrow charge, the amount of which shall be given to the property owner or contractor who shall within 10 days deposit said sum for the consulting and inspection fees. If additional fees are required beyond the original estimate to complete the required review and inspection, such fees shall be estimated as soon as the deficiency is discovered and the new amount billed to the property owner or contractor with payment required within 10 days.
(4)	Review of plans and specifications and inspections. No review of plans and specifications or inspections of water and sewer facilities shall be undertaken by the Water and Sewer Department or its consultants until the escrow account has been established and all fees have been paid.

Licensing of contractors.

(1)	Licensing fee: $10.
(2)	Renewal of license: $10.

Dogs and other animals.

(1)	For spayed or altered dogs: $5.50.
(2)	For unspayed or unaltered dogs: $10.50.
(3)	For a purebred license for no more than 10 dogs: $25.
(4)	For a purebred license for no more than 25 dogs: $50.
(5)	For a purebred license for more than 25 dogs: $100.

Environmental quality review. When an action is subject to the Town's Environmental Quality Review Local Law, Editor's Note: See Chapter 135, Environmental Quality Review. the Planning Board as lead agency may charge a fee to the applicant in order to recover the actual costs of preparing or reviewing the environmental impact statement pursuant to § 135-14 of the Environmental Quality Review Local Law.

Freshwater wetlands. All expenses incurred by the Town's boards shall be reimbursed prior to the issuance of a permit.

Games of chance. Prior to the issuance of a license to conduct games of chance, the applicant shall pay a license fee of $25 for each license period.

Junk dealers. The fee to be licensed as a junk dealer shall be $25.

Peddling and soliciting. The fee for a license to peddle, huckster, hawk, vend and solicit shall be $25.

Access to public records. The fee for each individual copy of a record shall be $0.25 per page.

Editor's Note: Former Subsection M, Water connection fees, was repealed 9-21.1989 by L.L. No. 124989. Local Law No. 14-1989, adopted 10.26-1989, also provided for the repeal of said Subsection M. Police Department impoundment fee. A fee of $40 per day is hereby established for cars that are impounded outside at the Woodbury Police Department parking lot, and a fee of $50 per day is hereby established for cars that are impounded inside at the Woodbury Police Department. [Added 3-16-2000 by L.L. No. 3-2000]

Testing water meters. The fee for testing water meters pursuant to § 298-11A shall be $75. [Added 3-16-2000 by L.L. No. 5-2000]

[HISTORY: Adopted by the Town Board of the Town of Woodbury 2-21-1980 by L.L. No. 1-1980. Amendments noted where applicable.]

As used in this chapter, the following terms shall have the meanings indicated:

FENCE — Any structure regardless of composition, except a living fence, that is erected or maintained for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions.

FRONT YARD — Applies to that portion of the yard in front of the rear building line of any building. All corner properties adjacent to a public street, alley or highway shall also be considered as a front yard for purposes of this chapter. However, this definition shall specifically not apply for purposes of swimming pool protection.

HEIGHT — The distance measured from the existing grade to the top of the fence.

No fence, wall or other type of construction shall be erected without the approval of the Building Inspector.

Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make application to the Building Inspector on a form provided by the Building Inspector. Said application shall be accompanied by a plan or sketch showing the proposed location of any fence, the materials proposed to be used therein which must be in accordance with this chapter and any other pertinent local law regulating construction within the town and be accompanied by an appropriate fee. Upon approval by the Building Inspector, a permit shall be issued which will be in effect for a period of one year after the date thereon. Said permit shall be available on the job during the progress of the work so that it may be inspected by proper town officials.

The permit provisions of this chapter shall apply to fences in the residential districts. The provisions shall, however, not be applicable to commercial property. No fence shall be erected in the applicable districts in excess of the height limitations as set forth herein.

[Amended 9-21-1989 by L.L. No. 11-1989]

A.	Rear yards. No fence shall be more than six feet in height at the rear of homes and buildings and shall not extend forward of the rear building line of any existing or proposed dwelling.
B.	Front yards and side yards. No fence shall be more than four feet in height in any front yard and side yard.

Any fence erected under this chapter shall be placed at least six inches back from any property line. Any fence erected in a front yard shall be placed at least one foot back from the sidewalk.

Any fence, wall or similar structure as well as shrubbery which unduly cuts off light or air which may cause a nuisance, a fire hazard or a dangerous condition is hereby expressly prohibited. Further, no fence shall be erected in a front yard in a residential district or along a public right-of-way unless the fence is uniformly less than 50% solid.

The following fences and fencing materials are specifically prohibited:

(1)	Barbed wire.
(2)	Short, pointed fences.
(3)	Canvas fences.
(4)	Cloth fences.
(5)	Electrically charged fences.
(6)	Poultry fences.
(7)	Turkey wire.
(8)	Temporary fences such as snow fences.
(9)	Expandable fences and collapsible fences, except during construction of a building.

All chain link fences erected shall be erected with the closed loop at the top of the fence.

No fence shall be multicolored.

All entrances or gates shall open onto the property.

All fences or walls must be erected within the property line, and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with visibility on corner lots.

[Amended 6-15-1989 by L.L. No. 6-1989]

The Building Inspector or Superintendent of Highways shall have the authority to direct, in writing, the removal, trimming or modification of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall, hedge or structure on private or public property wherever the same shall interfere with adequate visibility for operators of motor vehicles at street intersections or curbs. Any person who shall refuse or neglect to comply with the written direction of the Building Inspector or Superintendent of Highways shall be guilty of a violation of this chapter and shall be subject to its penalties. If the property owner feels aggrieved by any decision of the Building Inspector or Superintendent of Highways, he shall have a right to appeal the decision to the Town Board.

[Added 6-15-1989 by L.L. No. 6-1989]

Where the Building Inspector denies a permit for the erection of a fence pursuant to the provisions of this chapter, the applicant may appeal such decision to the Board of Appeals, which Board shall determine if there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter. The Board of Appeals may grant a variance from the requirements of this chapter so that the public safety and welfare will be secured and substantial justice done.

Any person, firm or corporation or his or her or its agent, servant, workman or employee violating any of the provisions of this chapter shall be punishable by a fine not exceeding $250 or by imprisonment for not more than six months. Each day's continuance of a violation after notice to cease shall be deemed a separate and distinct offense and shall be punishable accordingly.

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

This article is enacted pursuant to the authority of § 305 of the Agriculture and Markets Law and shall be known as the "Agricultural Exemption Law of the Town of Woodbury."

The purpose of this article is to allow levies for a special benefit assessment or a special ad valorem levy on behalf of a fire or ambulance district, to be based upon the agricultural value assessment.

Where the Town Board of the Town of Woodbury levies a special benefit assessment or a special ad valorem levy on behalf of the Woodbury Fire District, such a levy when applied to agricultural property shall be based upon the agricultural value assessment.

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

GENERAL REFERENCES
Alarm systems — See Ch. 78.
Building construction — See Ch. 96.
Outdoor burning — See Ch. 106.

ARTICLE I Fire Prevention Code [Adopted 9-7-1978 by L.L. No. 5-1978; amended in its entirety 4-16-1998 by L.L. No. 5-1998]

The Town Board of the Town of Woodbury hereby accepts the applicability of the New York State Uniform Fire Prevention and Building Code for the Town of Woodbury, to become effective immediately in accordance with the provisions of § 392 of the Executive Law. Editor's Note: Former § 392 of the Executive Law was repealed by the Laws of 1981, Chapter 707, § 12. See now Executive Law Article 18.

On August 5, 1976, pursuant to § 392 of the Executive Law, the Town Board of the Town of Woodbury, Orange County, New York, accepted the applicability of the New York State Uniform Fire Prevention and Building Code to become effective immediately for the purpose of establishing reasonable rules and regulations to safeguard life and property from the hazards of fire, explosion or release of toxic gases arising from the storage, handling or use of hazardous substances, materials or devices.

There is hereby established the position of Fire Marshal of the Town of Woodbury to administer and enforce the New York State Uniform Fire Prevention and Building Code. The Fire Marshal shall be appointed by the Town Board and shall be considered a member of the Woodbury Building Department. In the alternative, the Town Board may enter into an agreement with an independent contractor for the administration and enforcement of this chapter and the New York State Uniform Fire Prevention and Building Code.

A.	The Town Board may adopt rules and regulations for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code upon the recommendation of the Board of Fire Commissioners. Such rules and regulations shall not conflict with the New York State Uniform Fire Prevention and Building Code, this chapter or any other provision of law.
B.	The Town Board shall publish all rules and regulations at least 10 days prior to the effective date thereof in the town's official newspaper.

Upon payment of fee as prescribed in the schedule of fees adopted by the Town Board, permits shall be issued by and bear the name and signature of the Fire Marshal and shall contain the following information:

(1)	Activity or operation for which the permit is issued.
(2)	Address or location where the activity or operation is to be conducted.
(3)	Name and address of the permittee.
(4)	Period of permit validity.
(5)	Permit number and date of issuance.

Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.

Permits shall continue for a period of one year from the date of issuance. An extension of the permit time period may be granted, provided that a satisfactory reason can be shown for failure to start or complete the work or activity authorized within the required time period.

Permits shall be obtained for the following:

	Acetylene generators: to operate an acetylene generator having a calcium carbide capacity exceeding five pounds.
	Automobile tire rebuilding plants: to operate an automobile tire rebuilding plant.
	Automobile wrecking yards: to operate an automobile wrecking yard.
	Bowling establishments: for bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or material.
	Cellulose nitrate motion-picture film: to store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film.
	Cellulose nitrate plastics (pyroxylin):
	(1) To store, keep or have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin).
	(2) To manufacture articles of cellulose nitrate plastics (pyroxylin) which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles.
	Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm.
	Combustible materials: to store combustible materials, including but not limited to empty combustible packing cases, boxes, barrels or similar containers, rubber tires, baled cotton, rubber, cork or other similar materials in excess of 2,500 cubic feet gross volume, on any premises.
	Compressed gases:
	(1) To store, handle or use at normal temperatures and pressures more than 2,000 cubic feet of flammable compressed gas or 6,000 cubic feet of nonflammable compressed gas.
	(2) To store, handle or use any quantity of liquefied natural or hydrogen gas.
	Cryogenics: to store, handle or use cryogenic fluids, except cryogenics used as motor fuel and stored in motor vehicle tanks, as follows:
	(1) Production, sale or storage of cryogenic fluids.
	(2) Storage or use of flammable cryogenic fluids, cryogenic oxidizers or liquefied oxygen in excess of 10 gallons.
	Dry-cleaning plants: to use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
	Dust-producing plants: to operate any grain elevator, flour, starch or feed mill, woodworking plant or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur or other materials producing explosive-potential dust.
	Explosive, ammunition and blasting agents:
	(1) To manufacture, possess, store, sell or otherwise dispose of explosives and blasting agents.
	(2) To use explosives or blasting agents.
	(3) To operate a terminal for handling explosives or blasting agents.
	Flammable and combustible liquids:
	(1) To store, handle or use flammable liquids in excess of 61/2 gallons inside dwellings or in excess of 10 gallons inside any other building or other occupancy or in excess of 60 gallons outside of any building. This provision shall not apply to liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant; or paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes.
	(2) To store, handle or use combustible liquids in excess of 25 gallons inside a building or in excess of 60 gallons outside of a building. This provision shall not apply to fuel oil in connection with oil-burning equipment.
	(3) For processing; blending or refining of flammable or combustible liquids.
	Flammable finishing: for spraying, coating or dipping operations utilizing flammable or combustible liquids.
	Fruit-ripening process: to conduct a fruit-ripening process using ethylene gas.
	Fumigation and thermal insecticidal fogging: to conduct fumigation or thermal insecticidal fogging operations.
	Hazardous chemicals:
	(1) To store, handle or use more than 55 gallons of corrosive liquids; or more than 50 pounds of oxidizing materials; or more than 10 pounds of organic peroxides; or more than 50 pounds of nitromethane; or 1,000 pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing 60% or more ammonium or any amount of toxic material or poisonous gas.
	(2) To store, handle or use any quantity of air-reactive, water-reactive or unstable materials.
	Junkyards: to operate a junkyard.
	Liquefied petroleum gas: for each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 2,000 gallons' water capacity, and for each permanent installation, irrespective of size of containers, made at buildings in which 20 or more persons congregate for civic, political, educational, religious, social or recreational purposes. Installers shall maintain a record of all installations and replacement of portable cylinders and shall have it available for inspection.
	Lumberyards: to operate a lumberyard.
	Magnesium: for melting, casting, heat-treating machining or grinding of more than 10 pounds of magnesium per working day.
	Matches:
	(1) To manufacture matches.
	(2) To store matches in excess of 25 cases. (Note: One case equals one matchman's gross of 14,400 matches.)
	Organic coatings: to perform organic coating operations utilizing more than one gallon of organic coating on any working day.
	Ovens and furnaces: to operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400° F. which are heated with oil or gas fuel or which during operation contain flammable vapors from the material in the oven or catalytic combustion system.
	Places of assembly: to maintain, operate or use a place of assembly.
	Service stations and repair garages: to operate a service station or repair garage.
	Welding and cutting: to operate a welding and cutting business. A record of all locations where welding or cutting operations are performed shall be maintained and kept available for inspection by the permit holder.

Location of permits. All permits shall be displayed on the property or premises to which the permit is issued.

Revocation of permits. Permits may be suspended or revoked when it is, determined that there is a violation of a condition under which the permit was issued or there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit.

All applications for a blasting permit shall be accompanied by a liability insurance policy in the amount of $1,000,000 naming the Town of Woodbury as an additional insured. No permit shall be issued for the use of explosives or blasting agents unless there has first been submitted to the town's Fire Marshal such a liability insurance policy. [Added 2-4-1999 by L.L. No. 2-1999]

General requirements. Property subject to the applicability of this Code shall be provided with safe means of egress.

Obstruction.

(1)	Exits shall be maintained to provide free and unobstructed egress from all parts of the building or structure.
(2)	No barrier, lock or fastening device to prevent free escape from any building or structure shall be installed, except in institutions where supervisory personnel are constantly on duty and effective provisions are made to remove occupants in case of fire or other emergency.
(3)	Materials shall not be placed, stored or kept in stairways or corridors.
(4)	No aisle or passageway shall be obstructed so as to reduce its required width as an exit.
(5)	Exit enclosures shall be maintained free of building facilities which could interfere with use as an exit, such as piping for flammable liquids or gases. Interior decorations such as draperies, tapestries or mirrors shall not be permitted to obscure, conceal or confuse exit doors or signs or exit passageways.
(6)	Exit corridors shall be maintained clear of merchandise at all times and shall be marked by yellow striping on the floor in the corridor and a sign stating "fire corridor must be maintained clear at all times." Also, the exitway floor from the stock room to the exit shall be marked with yellow striping and shall be maintained clear at all times.
(7)	Exit access and exit discharge areas shall be so maintained as to provide a permanent, reasonable straight path of travel unimpeded by railings, barriers or gates dividing such areas into sections ancillary to adjoining individual rooms or spaces.
(8)	Aisles. In every portion of a building or area where seats, tables, merchandise, equipment or similar impediments to egress are present, required aisles shall be maintained free of all obstructions. Aisles, corridors or passageways leading directly to every exit shall be created and maintained in open floor areas where exits are not immediately accessible. Except where single exits or limited dead ends are permitted by the Building Code Editor's Note: See Ch. 96, Building Construction. or other regulations, such aisles shall be so arranged as to provide access to at least two remote exits by separate paths of travel.

A.	The Fire Marshal shall conduct periodic inspections for compliance with the provisions of the New York State Uniform Fire Prevention and Building Code. Such inspections may be made at any reasonable time.
B.	If entrance to make an inspection is refused or cannot be obtained, the Fire Marshal may apply for a warrant to make an inspection to any court of competent jurisdiction.

The Fire Marshal shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders.

A.	A building or structure or part thereof which is an imminent danger to life and safety of the public as a result of a fire or explosion is hereby declared to be a public nuisance.
B.	Whenever the Fire Marshal finds a building or structure or part thereof to be an imminent danger to life and safety of the public as a result of a fire or explosion, the Fire Marshal may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger.
C.	The Fire Marshal may require the occupants of any such building or structure or part thereof to vacate the premises forthwith. No person shall use or occupy such building or structure or part thereof until it is made safe. Except for the owner, no person shall enter a premises which has been ordered vacated unless authorized by the Fire Marshal to perform inspections or repairs or to demolish and remove such building or structure or part thereof.
D.	All costs and expenses incurred by the Town of Woodbury in connection with any work done to remove the danger or in connection with the demolition and removal of any such building or structure shall be assessed against the land on which such building or structure is located, and a bill for such expenses shall be presented to the owner of the property, or, if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay for such expenses within 10 days after the bill is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Fire Marshal may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the Assessor, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Woodbury.

A.	A Board of Review is hereby established for the purpose of granting variances where enforcement of any provision or requirement of the New York State Uniform Fire Prevention and Building Code results in practical difficulties or unnecessary hardships. Any such variance shall be consistent with the spirit of the code and shall not be inconsistent with § 391(2) of the Executive Law. Editor's Note: Former § 391 of the Executive Law was repealed by the Laws of 1981, Chapter 707, § 12. See now Executive Law Article 18.
B.	The Board of Appeals of the Town of Woodbury is hereby designated as the Board of Review to hear appeals from any decisions of the Fire Marshal pursuant to this law.
C.	The Fire Marshal shall obtain a copy of the Board of Review's decision for his records.

The Fire Marshal shall submit monthly reports to the Town Board and to the Board of Fire Commissioners of all inspections made and permits issued pursuant to this chapter. Also, the Fire Marshal shall meet with the Town of Woodbury Fire Commissioners during January of each year to review the preceding year's activities, and, where necessary, the Fire Commissioners may meet with the Fire Marshal whenever the Fire Commissioners deem it necessary.

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

This chapter shall not apply to any detached single-family residence unless there is a house to be constructed which must comply with the New York State Building Code and/or the New York State Uniform Fire Prevention and Building Code relating to construction, in which case the Administrator shall determine compliance.

A.	A person owning, operating, occupying or maintaining property or premises within the scope of the New York State Uniform Fire Prevention and Building Code or this chapter shall comply with all the provisions of the New York State Uniform Fire Prevention and Building Code, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
B.	Whenever the Fire Marshal finds that there has been a violation of the New York State Uniform Fire Prevention and Building Code, this chapter or any rule or regulation adopted pursuant to this chapter, a violation order shall be issued to the person or persons responsible.
C.	Violation orders shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance and shall state the time within which an appeal may be taken.
D.	Violation orders may be served by personal service, by mailing by registered or certified mail or by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible.
E.	In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, the Fire Marshal shall take what legal action he deems necessary for the removal, elimination and abatement of the violation.

A.	Any person who shall violate any of the provisions of the Code hereby adopted or who shall fail to comply therewith or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the Bureau of Fire Prevention or by a court of competent jurisdiction, within the time fixed herein, shall, severally, for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor punishable by a fine of not less than $250 nor more than $500 or by imprisonment for not more than 30 days, or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense subject to the above fines.
B.	If the exitway floor to the exit in the stock room or the aisle is found blocked or has merchandise, equipment or similar impediments to egress, the store shall be closed until the following day when a further inspection shall be made by the Fire Marshal to determine if the exitway or aisle is cleared. Such violation shall be subject to a fine of $500 per day. Each day that the prohibited conditions are maintained shall constitute a separate offense subject to said fine. [Amended 2-4-1999 by L.L. No. 2-1999]
C.	If the exit corridor is found blocked or has merchandise, equipment or similar impediments to egress, the store shall be closed until the following day when an inspection shall be made by the Fire Marshal to determine that the corridor is cleared. Such violation shall be subject to a fine of $500 per day. Each day that the prohibited conditions are maintained shall constitute a separate offense subject to said fine. [Amended 2-4-1999 by L.L. No. 2-1999]
D.	The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

It shall be the responsibility of the owner of all new and existing buildings located within the Town of Woodbury which have facilities for three or more occupied dwelling units or commercial establishments having facilities for the overnight occupancy of three or more persons, such as but not limited to motels, hotels, nursing homes, rooming houses and transient facilities, to install smoke detectors in each such dwelling unit or accommodation as hereinafter provided. Said smoke detectors shall be capable of sensing visible or invisible particles of combustion and providing a suitable audible alarm thereof. Further, they shall be installed and maintained by June 30, 1983, in the manner hereinafter provided, unless any other provision of county, state or federal law shall require installation before that date. Failure to install and maintain smoke detectors as and where required by said date will subject the property owner to the penalties set forth hereinafter.

At least one smoke detector shall be installed to protect each sleeping area. A "sleeping area" is defined as the area or areas of the family living unit in which the bedrooms or sleeping rooms are located. Where bedrooms or rooms ordinarily used for sleeping are separated by other use areas, such as kitchens or living rooms but not bathrooms or closets, they shall be considered as separate sleeping areas for the purpose of this section. In commercial establishments, each separate room used as a sleeping area shall be considered a separate sleeping area.

At least one smoke detector shall be installed at the head (top) of each stairway or passageway leading up or to an occupied area in such a manner as to assure that rising smoke is not obstructed in reaching the detector and that the detector intercepts rising smoke before it reaches the sleeping area.

As an alternative to self-contained smoke detectors, an approved fire-detection system may be installed. Each fire-detection system must be individually approved and a permit issued therefor by the enforcement officer of the Town of Woodbury.

All devices, combinations of devices and equipment required herein are to be installed in conformance with the New York State Building Code.

In new residential dwellings, smoke detectors shall be wired directly (hard wired) to the building's power supply. In existing dwellings within multifamily dwellings of 10 units or more, the detectors shall meet the multifamily building power source requirements of state law or, in the absence of state law, the requirements hereunder covering other existing dwellings. In other existing dwellings it is preferred that smoke detectors be wired directly to the power supply. However, said detectors may be powered by a self-monitored battery or operated in a plug-in outlet which is fitted with a plug restrainer device, provided that the outlet is not controlled by any switch other than the main power supply.

Every detector or system installed or maintained under this chapter shall have an adequate power source for proper operation, and lack of same shall constitute a violation of this chapter.

Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction therefor, be subject to a fine not exceeding $100 or to imprisonment for 10 days, or both. Each day a violation is permitted to exist shall constitute a separate offense.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 3-5-1987 by L.L. No. 3-1987. Amendments noted where applicable.]

GENERAL REFERENCES
Building construction — See Ch. 96.
Flood hazard areas — See Ch. 161.

The Town Board of the Town of Woodbury finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Woodbury and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted.

It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A.	Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.
B.	Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
C.	Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters.
D.	Control filling, grading, dredging and other development which may increase erosion or flood damages.
E.	Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
F.	Qualify for and maintain participation in the National Flood Insurance Program.

The objectives of this chapter are to:

A.	Protect human life and health.
B.	Minimize expenditure of public money for costly flood control projects.
C.	Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
D.	Minimize prolonged business interruptions.
E.	Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.
F.	Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.
G.	Provide that developers are notified that property is in an area of special flood hazard.
H.	Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.

As used in this chapter, the following terms shall have the meanings indicated:

APPEAL — A request for a review of the local administrator's interpretation of any provision of this chapter or a request for a variance.

AREA OF SHALLOW FLOODING — A designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD — The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1 through A99, V, VO, VE or V1 through V30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain."

BASE FLOOD — The flood having a one-percent chance of being equaled or exceeded in any given year.

BASEMENT — That portion of a building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL — A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

BUILDING — Any structure built for support, shelter or enclosure for occupancy or storage.

CELLAR — Has the same meaning as "basement."

COASTAL HIGH HAZARD AREA — The area subject to high velocity waters, including, but not limited to hurricane wave wash. The area is designated on a FIRM as Zone V1 through V30, VE, VO or V.

DEVELOPMENT — Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within the area of special flood hazard.

ELEVATED BUILDING — A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), or sheer walls.

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) — An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.

FLOOD HAZARD BOUNDARY MAP (FHBM) — An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined but no water surface elevation is provided.

FLOOD INSURANCE RATE MAP (FIRM) — An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY — The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary - Floodway Map and the water surface elevations of the base flood.

FLOOD OR FLOODING — A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)	The overflow of inland or tidal waters.
(2)	The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPROOFING — Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY — Has the same meaning as "regulatory floodway."

FLOOR — The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction.

FUNCTIONALLY DEPENDENT USE — A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair. The term does not include long-term storage, manufacture, sales or service facilities.

HIGHEST ADJACENT GRADE — The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

LOWEST FLOOR — The lowest level, including basement or cellar, of the lowest enclosed area. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

MANUFACTURED HOME — A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

MEAN SEA LEVEL — For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

MOBILE HOME — Has the same meaning as "manufactured home."

NATIONAL GEODETIC VERTICAL DATUM (NGVD) — As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.

NEW CONSTRUCTION — Structures for which the start of construction commenced on or after the effective date of this chapter.

ONE-HUNDRED-YEAR FLOOD — Has the same meaning as "base flood."

PRINCIPALLY ABOVE GROUND — At least 51% of the actual cash value of the structure, excluding land value, is above ground.

REGULATORY FLOODWAY — The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 159-14A(2) of this chapter.

SAND DUNES — Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

START OF CONSTRUCTION — The initiation, excluding planning and design, of any phase of a project or physical alteration of the property and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers and building materials. For manufactured homes, the "actual start" means the affixing of the manufactured home to its permanent site.

STRUCTURE — A walled and roofed building, a manufactured home or a gas or liquid storage tank, that is principally above ground.

SUBSTANTIAL IMPROVEMENT — Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started; or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(1)	Any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
(2)	Any alteration of a structure or contributing structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

VARIANCE — A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Woodbury.

The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled the "Flood Insurance Study for the Town of Woodbury, of Orange County, New York," dated March 18, 1987, with accompanying Flood Insurance Rate Maps and Flood Boundary - Floodway Maps, is hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and maps are on file at the Town Clerk's office.

A.	This chapter is adopted in response to revisions to the National Flood Insurance Program effective October 1, 1986, and shall supersede all previous laws adopted for the purpose of establishing and maintaining eligibility for flood insurance.
B.	In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.

No structure shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or be imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Woodbury from taking such other lawful action as is necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied and received an approved variance under § 159-16 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Woodbury, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

The Town Engineer is hereby appointed the local administrator to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

A development permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established in § 159-6. Application for a development permit shall be made on forms furnished by the local administrator and may include, but not be limited to, plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.

The following application information is required where applicable:

A.	Elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all structures.
B.	Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.
C.	When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in § 159-15A(3).
D.	Certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 159-15B.
E.	Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Upon placement of the lowest floor or floodproofing by whatever means, it shall be the duty of the permit holder to submit to the local administrator a certificate of the elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, the floodproofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by same. Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.

Duties of the local administrator shall include, but not be limited to:

(1)

Permit application review. He shall:

(a)

Review all development permit applications to determine that the requirements of this chapter have been satisfied.

(b)

Review all development permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(c)

Review all development permit applications to determine if the proposed development adversely affects the areas of special flood hazard. For the purposes of this chapter, "adversely affects" means physical damage to adjacent properties. An engineering study may be required of the applicant for this purpose.

[1]	If there is no adverse effect, then the permit shall be granted consistent with the provisions of this chapter.
[2]	If there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit.

(d)

Review all development permits for compliance with the provisions of § 159-15A(5).

(2)

Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 159-6, Basis for establishing areas of special flood hazard, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 159-15A(4)(d), in order to administer § 159-15B, Specific standards, and § 159-15C, Floodways.

(3)

Information to be obtained and maintained. He shall:

(a)

Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement or cellar, of all new or substantially improved structures and whether or not the structure contains a basement or cellar.

(b)

For all new or substantially improved floodproofed structures:

[1]	Obtain and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed.
[2]	Maintain the floodproofing certifications required in § 159-15A and B.

(c)

Maintain for public inspection all records pertaining to the provisions of this chapter, including variances, when granted, certificates of compliance.

(4)

Alteration of watercourses. He shall:

(a)	Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Federal Emergency Management Agency, Region II, 26 Federal Plaza, New York, New York 10278.
(b)	Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

(5)

Interpretation of FIRM boundaries.

(a)	The local administrator shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified areas of special flood hazard and actual field conditions.
(b)	Base flood elevation data established pursuant to § 159-6 and/or § 159-14A(2), when available, shall be used to accurately delineate the areas of special flood hazard.
(c)	The local administrator shall use flood information from any other authoritative source, including historical data, to establish the limits of the areas of special flood hazard when base flood elevations are not available.

(6)

Stop-work orders.

(a)	All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 159-8 of this chapter.
(b)	All floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 159-8 of this chapter.

(7)

Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify that the development is in compliance with the requirements of either the development permit or the approved variance.

(8)

Certificate of compliance.

(a)	It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this chapter.
(b)	All other development occurring within the designated flood hazard area will have upon completion a certificate of compliance issued by the local administrator.

All certifications shall be based upon the inspections conducted subject to § 159-14A(7) and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit.

General standards. In all areas of special flood hazard, the following standards are required:

(1)

Anchoring.

(a)

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(b)

All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Manufactured homes shall be elevated to or above the base flood elevation or two feet above the highest adjacent grade when no base flood elevation has been determined. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(2)

Construction materials and methods.

(a)	All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(b)	All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(3)

Utilities.

(a)	Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required.
(b)	All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(c)	New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters.
(d)	On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(4)

Subdivision proposals.

(a)	All subdivision proposals shall be consistent with the need to minimize flood damage.
(b)	All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
(c)	All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(d)	Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than either 50 lots or five acres.

(5)

Encroachments.

(a)	All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood-carrying capacity of the areas of special flood hazard set forth in § 159-14A(1)(c). This may require the submission of additional technical data to assist in the determination.
(b)	In all areas of special flood hazard in which base flood elevation data is available pursuant to §§ 159-14A(2) or 159-15A(4)(d) and no floodway has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.
(c)	In all areas of the special flood hazard where floodway data is provided or available pursuant to § 159-14A(2), the requirements of § 159-15C, Floodways, shall apply.

Specific standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 159-6, Basis for establishing areas of special flood hazards, and § 159-14A(2), Use of other base flood and floodway data, the following standards are required:

(1)

Residential construction. New construction and substantial improvements of any residential structure shall:

(a)

Have the lowest floor, including basement or cellar, elevated to or above the base flood elevation.

(b)

Have fully enclosed areas below the lowest floor that are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:

[1]	A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
[2]	The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
[3]	Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

(2)

Nonresidential construction.

(a)

New construction and substantial improvements of any commercial, industrial or other nonresidential structure, together with attendant utility and sanitary facilities, shall either have the lowest floor, including basement or cellar, elevated to or above the base flood elevation or be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

[1]

If the structure is to be elevated, fully enclosed areas below the base flood elevation shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:

[a]	A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
[b]	The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; and
[c]	Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

[2]

If the structure is to be floodproofed:

[a]

A licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight with walls substantially impermeable to the passage of water, with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

[b]

A licensed professional engineer or licensed land surveyor shall certify the specific elevation (in relation to mean sea level) to which the structure is floodproofed.

(b)

The local administrator shall maintain or record a copy of all such certificates noted in this section.

(3)

Construction standards for areas of special flood hazard without base flood elevations. New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the base flood elevation as may be determined in § 159-14A(2) or two feet above the highest adjacent grade where no elevation data is available.

(a)

New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent grade next to the proposed foundation of the structure.

(b)

Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically, without human intervention, allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:

[1]	A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
[2]	The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
[3]	Openings may be equipped with louvers, valves, screens or other coverings or openings, provided that they permit the automatic entry and exit of floodwaters.

Floodways. Located within areas of special flood hazard are areas designated as floodways. (See definition, § 159-4.) The floodway is an extremely hazardous area due to high velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by §§ 159-6 and 159-14A(2), all encroachments, including fill, new construction, substantial improvements and other development, are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

Appeals board.

(1)

The Zoning Board of Appeals, as established by the Woodbury Town Board, shall hear and decide appeals and requests for variances from the requirements of this chapter.

(2)

The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this chapter.

(3)

Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.

(4)

In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:

(a)	The danger that materials may be swept onto other lands to the injury of others.
(b)	The danger to life and property due to flooding or erosion damage.
(c)	The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(d)	The importance of the services provided by the proposed facility to the community.
(e)	The necessity to the facility of a waterfront location, where applicable.
(f)	The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(g)	The compatibility of the proposed use with existing and anticipated development.
(h)	The relationship of the proposed use to the comprehensive plan and floodplain management program of that area.
(i)	The safety of access to the property in times of flood for ordinary and emergency vehicles.
(j)	The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding.
(k)	The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
(l)	The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems and streets and bridges.

(5)

Upon consideration of the factors of § 159-16A(4) and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(6)

The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request.

Conditions for variances.

(1)

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the provisions of § 159-16A(4)(a) through (l) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

(2)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures and contributing structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the contributing structures procedures set forth in the remainder of this section.

(3)

Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:

(a)	The criteria of Subsections B(1), (4), (5) and (6) of this section are met.
(b)	The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.

(4)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(5)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(6)

Variances shall only be issued upon receiving written justification of:

(a)	A showing of good and sufficient cause;
(b)	A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c)	A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(7)

Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.

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

GENERAL REFERENCES
Building construction — See Ch. 96.
Environmental quality review — See Ch. 135.
Flood damage prevention — See Ch. 159.
Sewers — See Ch. 253.
Subdivision of land — See Ch. 272.
Water — See Ch. 298.
Zoning — See Ch. 310.

The Town Board of the Town of Woodbury hereby:

Assures the Federal Insurance Administration that it will enact as necessary and maintain in force for those areas having flood or mudslide hazards adequate land use and control measures with effective enforcement provisions consistent with the criteria set forth in Section 1910 of the National Flood Insurance Program Regulations.

[Amended 7-1-1982 by L.L. No. 6-1982] Vests the Administrator and Town Engineer with the responsibility, authority and means to:

(1)	Delineate or assist the Administrator, at his request, in delineating the limits of the areas having special flood and/or mudslide hazards on available local maps of sufficient scale to identify the location of building sites.
(2)	Provide such information as the Administrator may request concerning present uses and occupancy of the floodplain and/or mudslide area.
(3)	Cooperate with federal, state and local agencies and private firms which undertake to study, survey, map and identify floodplain or mudslide areas and cooperate with neighboring communities with respect to management of adjoining floodplain and/or mudslide areas in order to prevent aggravation of existing hazards.
(4)	Submit on the anniversary date of the community's initial eligibility an annual report to the Administrator on the progress made during the past year within the community in the development and implementation of floodplain and/or mudslide area management measures.

Appoints the Administrator and the Town Engineer to maintain for public inspection and to furnish upon request a record of elevations, in relation to mean sea level, of the lowest floor, including basement, of all new or substantially improved structures located in the special flood hazard areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be recorded. [Amended 7-1-1982 by L.L. No. 6-1982]

Agrees to take such other official action as may be reasonably necessary to carry out the objectives of the program.

ARTICLE II Review of Building Permit Applications [Adopted 9-5-1974; amended in its entirety 7-1-1982 by L.L. No. 6-1982]

The Administrator and Town Engineer shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites shall be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement, including prefabricated and mobile homes, must:

A.	Be designed or modified and anchored to prevent flotation, collapse or lateral movement of the structure.
B.	Use construction materials and utility equipment that are resistant to flood damage.
C.	Use construction methods and practices that will minimize flood damage.

The Administrator and Town Engineer shall review subdivision proposals and other proposed new developments to assure that:

A.	All such proposals are consistent with the need to minimize flood damage.
B.	All public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage.
C.	Adequate drainage is provided so as to reduce exposure to flood hazards.

The Administrator and Town Engineer shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and shall require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 3-2-1978 by L.L. No. 4-1978. Amendments noted where applicable.]

GENERAL REFERENCES
Building construction — See Ch. 96.
Environmental quality review — See Ch. 135.
Flood damage prevention — See Ch. 159.
Flood hazard areas — See Ch. 161.
Open space administration — See Ch. 215.

It is declared to be the public policy of the Town of Woodbury to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom, to prevent the despoilation and destruction of freshwater wetlands and to regulate the development of such wetlands in order to secure the natural benefits of freshwater wetlands, consistent with the general welfare and beneficial economic, social and agricultural development of the town. It is further declared to be the policy of the Town Board of the Town of Woodbury to exercise its authority pursuant to Article 24 of the State Environmental Conservation Law.

The freshwater wetlands located in the Town of Woodbury are invaluable resources for flood protection, wildlife habitat, open space and water resources.

Considerable acreage of freshwater wetlands in the town has been lost, despoiled or impaired by unregulated draining, dredging, filling, excavating, building, pollution or other acts inconsistent with the natural uses of such areas. Other freshwater wetlands are in jeopardy of being lost, despoiled or impaired by such unregulated acts.

Recurrent flooding aggravated or caused by the loss of freshwater wetlands has serious effects upon natural ecosystems.

Freshwater wetlands conservation is a matter of town concern.

Any loss of freshwater wetlands deprives the people of the Town of Woodbury of some or all of the many and multiple benefits to be derived from wetlands, such as:

(1)	Flood and storm control by the hydrologic absorption and storage capacity of freshwater wetlands.
(2)	Wildlife habitat by providing breeding, nesting and feeding grounds and cover for many forms of wildlife, wildfowl and shorebirds, including migratory wildfowl and rare species.
(3)	Protection of subsurface water resources and provision for valuable watersheds and recharging groundwater supplies.
(4)	Recreation by providing areas for hunting, fishing, boating, hiking, bird-watching, photography, camping and other uses.
(5)	Pollution treatment by serving as biological and chemical oxidation basins.
(6)	Erosion control by serving as sedimentation areas and filtering basins, absorbing silt and organic matter and protecting channels and harbors.
(7)	Education and scientific research by providing readily accessible outdoor biophysical laboratories, living classrooms and training and education resources.
(8)	Open space and aesthetic appreciation.
(9)	Sources of nutrients in freshwater food cycles and nursery grounds and sanctuaries for freshwater fish.

Regulation of freshwater wetlands, in accordance with the agricultural exemption established in § 165-4 hereof, is consistent with the legitimate interests of farmers and other landowners to graze and water livestock, make reasonable use of water resources, harvest natural products of the wetlands, selectively cut timber and otherwise engage in the use of land for agricultural production.

The following terms, phrases, words and their derivatives shall have the meanings given herein:

ADJACENT AREA — Any land in the Town of Woodbury immediately adjacent to a freshwater wetland lying within 100 feet, measured horizontally, of the boundary of a freshwater wetland.

AGENCY — The Planning Board of the Town of Woodbury.

APPLICANT — Any person who files an application for any permit issued by the agency pursuant to this chapter and includes the agent of the owner or a contract vendee.

BOARD — The Freshwater Wetlands Appeals Board established by Article 24 of the State Environmental Conservation Law.

BOUNDARIES OF A FRESHWATER WETLAND — The outer limit of the vegetation specified in the definition of "freshwater wetlands," Subsections A and B of this definition, and of the waters specified in Subsection C of such definition.

ENGINEER — The Woodbury Town Engineer.

FRESHWATER WETLANDS — Lands and waters lying within the boundaries of the Town of Woodbury as shown on a freshwater wetlands map which contains any or all of the following:

Lands and submerged lands commonly called marshes, swamps, sloughs, bogs and flats supporting aquatic or semiaquatic vegetation of the following vegetative types:

(1)	Wetland trees which depend upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other trees, including among others red maple (Acer rubrum), willows (Salix species), black spruce (Picea mariana), swamp white oak (Quercus bicolor), red ash (Fraxinum pennsylvanica), American elm (Ulmus americana) and larch (Larix laricina).
(2)	Wetland shrubs which depend upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other shrubs, including among others alder (Alnus species), buttonbush (Cephalanthus occidentalis), bog rosemary (Andromeda glaucophylla) and leatherleaf (Chamaedaphne calyculata).
(3)	Emergent vegetation, including among others cattails (Typha species), pickerelweed (Pontederia cordata), arrow arum (Peltandra virginica), arrowheads (Sagittaria species), reed (Phragmites communis), wild rice (Zizania aquatica), bur reeds (Sparganium species), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decodon verticillatus) and water plantain (Alisma plantago-aquatica).
(4)	Rooted, floating-leaved vegetation, including among others water lily (Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar species).
(5)	Free-floating vegetation, including among others duckweed (Lemna species), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia species).
(6)	Wet meadow vegetation which depends upon seasonal or permanent flooding or sufficiently waterlogged soils to give it a competitive advantage over other open land vegetation, including among others sedges (Carex species), rushes (Juncus species), cattails (Typha species), rice cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinace), swamp loosestrife (Decodon verticillatus) and spike rush (Eleocharis species).
(7)	Bog mat vegetation, including among others sphagnum mosses (Sphagnum species), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea) and cranberries (Vaccinium macrocarpon and Vaccinium oxycoccos).
(8)	Submergent vegetation, including among others pondweeds (Potamogeton species), naiads (Najas species), bladderworts (Utricularia species), wild celery (Vallisneria americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum species), muskgrass (Chara species), stonewort (Nitella species), waterweeds (Elodea species) and water smartweed (Polygonum amphibium).

Lands and submerged lands containing remnants of any vegetation that is not aquatic or semiaquatic that has died because of wet conditions over a sufficiently long period, provided that such wet conditions do not exceed a maximum seasonal water depth of six feet and provided further that such conditions can be expected to persist indefinitely, barring human intervention.

Lands and waters enclosed by aquatic or semiaquatic vegetation as set forth herein in Subsection A and dead vegetation as set forth in Subsection B, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation.

The waters overlying the areas as set forth in Subsections A and B and the lands underlying Subsection C.

FRESHWATER WETLANDS MAP — A map on which is indicated the boundaries of any freshwater wetland and which has been filed with the Clerk of the Town of Woodbury by the State Department of Environmental Conservation, pursuant to § 24-0301 of the State Environmental Conservation Law.

LOCAL GOVERNMENT — A city, county, town or village.

PARTY IN INTEREST — The applicant, the agency, the State Department of Environmental Conservation, each local government in which the regulated activity or any part thereof is located and any person who appears and wishes to be a party in interest at the public hearing held pursuant to § 165-6 of this chapter.

PERSON — Any corporation, firm, partnership, association, trust, estate, one or more individuals and any unit of government or agency or subdivision thereof.

POLLUTION — The presence in the environment of human-induced conditions or contaminants in quantities or characteristics which are or may be injurious to humans, plants, animals or property.

PROJECT — Any action which may result in direct or indirect physical impact on a freshwater wetlands including but not limited to any regulated activity.

REGULATED ACTIVITY — Any form of draining, dredging, excavation, removal of soil, mud, sand, shells, gravel or other aggregate from any freshwater wetland either directly or indirectly; any form of dumping, filling or depositing of any soil, stones, sand, gravel, mud, rubbish or fill of any kind either directly or indirectly; erecting any structures or roads, driving of pilings or placing of any other obstructions whether or not changing the ebb and flow of the water; any form of pollution, including but not limited to installing a septic tank, running a sewer, outfall, discharging sewage treatment effluent or other liquid wastes directly into or so as to drain into a freshwater wetland; that portion of any subdivision of land in any freshwater wetland or adjacent area; and any other activity which substantially impairs any of the several functions served by freshwater wetlands or the benefits derived therefrom which are set forth in § 165-2 of this chapter.

SELECTIVE CUTTING — The annual or periodic removal of trees, individually or in small groups, in order to realize the yield and establish a new crop and to improve the forest, which removal does not involve the total elimination of one or more particular species of trees.

STATE AGENCY — Any state department, bureau, commission, board or other agency, public authority or public benefit corporation.

STATE — The State of New York.

SUBDIVISION OF LAND — Any division of land into two or more lots, parcels or sites, whether adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy, including any grading, road construction, installation of utilities or other improvements or any other land use and development preparatory or incidental to any such division, by any person or by any other person controlled by, under common control with or controlling such person or by any group of persons acting in concert as part of a common scheme or plan. "Subdivision of land" shall include any map, plan or other plan of division of land, whether or not previously filed. "Subdivision of land" shall not include the lease of land for hunting and fishing and other open space recreation uses and shall not include the division of land by bona fide gift, devise or inheritance.

TOWN — The Town of Woodbury.

Except as provided in Subsection B of this section, no person shall conduct a regulated activity on any freshwater wetland or adjacent area unless such person has first obtained a permit pursuant to this chapter.

No permit under this chapter shall be required for:

(1)	The deposition or removal of the natural products of freshwater wetlands and adjacent areas by recreational or commercial fishing, shellfishing, aquaculture, hunting or trapping where otherwise legally permitted and regulated.
(2)	The activities of farmers and other landowners in grazing and watering livestock, making reasonable use of water resources, harvesting natural products of wetlands or adjacent areas, selective cutting of timber, draining land or wetlands for growing agricultural products and otherwise engaging in the use of wetlands or other land for growing agricultural products, except that structures not required for enhancement or maintenance of the agricultural productivity of the land and any filling activities shall not be excluded hereunder. Each farmer or other landowner who intends to conduct an otherwise regulated activity shall notify the agency in writing, prior to conducting the activity, of his or her intention to engage in such activity, stating the approximate acreage of freshwater wetland or adjacent area affected, the location thereof, the methods to be employed and the uses to be made of such land. A soil and water conservation plan prepared by a Soil and Water Conservation District and filed with the agency shall be deemed sufficient notification for the purposes of this subsection.
(3)	Public health activities, orders and regulations of the State Department of Health undertaken in compliance with § 24-0701, Subdivision 5, of the State Environmental Conservation Law.
(4)	Activities subject to the review jurisdiction of the State Public Service Commission or the New York State Board on Electric Generation Siting and the Environment under Article 7 or Article 8 of the State Public Service Law, respectively. Editor's Note: Former Article 8 of the Public Service Law expired 1-1-1989. The standards and restrictions of this law will be applied by said bodies in determining whether to issue a certificate of environmental compatibility and public need under such articles.
(5)	Any actual and ongoing emergency activity which is immediately necessary for the protection and preservation of life or property or the protection or preservation of natural resource values. Such emergency activities include, for example, search and rescue operations, preventive or remedial activities related to large-scale contamination of streams or other bodies of water, floods, hurricanes and other storms and public health concerns. Within five days of the end of an emergency involving the undertaking of any activity which otherwise would be treated as a regulated activity under this chapter, the person chiefly responsible for undertaking such emergency activity shall send a written statement to the agency setting forth the pertinent facts regarding such emergency, including an explanation of the life, property or resource values such activity was designed to protect or preserve.
(6)	Any activity located in a freshwater wetland where such wetland is located in more than one town.

Any person proposing to conduct or cause to be conducted a regulated activity requiring a permit under this chapter upon any freshwater wetland or adjacent area shall file an application for a permit with the Engineer. He shall immediately forward such application to the agency.

Application requirements.

(1)	An application for a permit shall be filed by the applicant on a form prescribed by the agency. Such application shall set forth the purpose, character and extent of the proposed regulated activity. The application shall include a detailed description of the regulated activity, a map showing the area of freshwater wetland or adjacent area directly affected with the location of the proposed regulated activity thereon, a deed or other legal description describing the subject property and such additional information as the agency deems sufficient to enable it to make the findings and determinations required under this chapter.
(2)	The application shall be accompanied by a list of the names of the owners of record of lands adjacent to the freshwater wetland or adjacent area upon which the project is to be undertaken and the names of known claimants of water rights, of whom the applicant has notice, which relate to any land within, or within 100 feet of the boundary of, the property on which the proposed regulated activity will be located.
(3)	An application shall not be deemed to be completed or received until the agency determines that all such information, including any additional information requested, has been supplied in a complete and satisfactory form.

The Engineer shall cause a copy of such completed application to be mailed to all local governments where the proposed activity or any part thereof is located.

Notice of application.

(1)

Within five days of its receipt of a completed application for a permit regarding a proposed regulated activity, the agency shall provide the applicant with a notice of application which the applicant shall publish at his or her own expense at least once in each of at least two newspapers having a general circulation in the Town of Woodbury.

(2)

Said notice of application shall be in a form prescribed by the agency and shall:

(a)	Specify that persons wishing to object to the application should file with the agency by a specified date a notice of objection, together with a statement of the precise grounds of objection to the application.
(b)	Specify that if no notices of objection are timely filed or if the agency determines that the proposed activity is of such a minor nature as to not affect or endanger the balance of systems within any freshwater wetland, then the agency, in its discretion, may determine a hearing is not necessary and dispense with the public hearing.
(c)	Specify that the application, including all documents and maps therewith, is available for public inspection at the office of the Engineer.

(3)

Notwithstanding any other provision of this section, the agency may in its discretion dispense with the requirement for a notice of application and require a notice of hearing pursuant to Subsection F of this section.

Public hearing.

(1)

No sooner than 30 days and not later than 60 days after its receipt of a completed application for a permit regarding such proposed regulated activity and after the publication of a notice of application pursuant to Subsection D of this section, the agency shall hold a public hearing on such application at the Town Hall, Highland Mills, New York, which hearing shall be held pursuant to the provisions of § 165-6 of this chapter.

(2)

Notwithstanding the provisions of Subsection E(1) of this section, where no notice of objection to the notice of application published pursuant to Subsection D of this section shall have been filed within the time specified by that notice or where the agency determines that the proposed activity is of such a minor nature as not to affect or endanger the balance of systems within any freshwater wetland, the agency may, in its discretion, dispense with such hearing. Where the agency finds that a public hearing is not necessary, it shall publish a decision setting forth its reasons therefor, which decision shall be a matter of public record and shall be mailed to each local government where the proposed regulated activity or any part thereof will be located. Public notice of such decision that a public hearing is not necessary shall be provided in the same manner as notice of application set forth in Subsection D of this section.

Notice of hearing.

(1)

The agency shall, within 21 days of receipt of a completed application, provide the applicant with a notice of hearing which the applicant shall publish at his or her own expense at least 15 days prior to the date set for the hearing and at least once in each of at least two newspapers in general circulation in the Town of Woodbury.

(2)

At least 15 days prior to the date set for the hearing, the agency shall, by certified mail, provide a notice of hearing to each local government within whose boundaries the proposed regulated activity or any portion thereof will be located.

(3)

At least 15 days prior to the date set for the hearing, the agency shall, by certified mail, provide a notice of hearing to all owners of record of land adjacent to the affected freshwater wetland or adjacent area and to all known claimants of water rights, of whom the applicant has notice, which relate to any land within, or within 100 feet of the boundary of, the property on which the proposed regulated activity will be located.

(4)

The notice of hearing shall:

(a)	State the name of the applicant.
(b)	Specify the location and outline the scope of the proposed regulated activity.
(c)	Specify the date, time and place of the public hearing on the application.
(d)	Specify that persons wishing to be parties in interest and eligible to be heard at such public hearing, if any, should file with the agency by a specified date a notice of appearance, together with a statement of the precise grounds of support of, opposition to or interest in the application.
(e)	Specify that any person who wishes to be a party in interest without filing a notice of appearance may do so by appearing at the public hearing and indicating his or her desire to be a party in interest if a public hearing is held.
(f)	Specify that if no notices of appearance are timely filed by any party in interest and if the applicant waives any public hearing, then the public hearing may be canceled by the agency.
(g)	Specify that the application, including all documents and maps therewith, is available for public inspection at the office of the Engineer.

The agency shall make the application, including all documents and maps associated with it, available for public inspection at the Engineer's office.

If no timely notice of appearance has been filed as provided in the notice of hearing published pursuant to Subsection F of this section and the applicant waives his right in writing to a public hearing, the agency may dispense with a public hearing and in such instance shall provide public notice of the cancellation of the hearing.

For any notice canceling a hearing which has been scheduled, notice shall be given in the same manner as the notice of public hearing provided in Subsection F of this section.

The Town Board may establish permit fees to assist in implementing this chapter.

Any public hearing held on a permit application received under this chapter shall be conducted by the agency within the Town of Woodbury.

Parties in interest.

(1)

Any person may appear as a party in interest, notwithstanding the failure of such person to file a timely notice of appearance, by appearing at the hearing and making known his or her desire to be a party in interest. Persons who are not parties in interest may be allowed to participate in the hearing where the agency finds that such participation would be in the public interest.

(2)

All parties in interest shall be afforded an opportunity to present oral and written arguments on issues of law and policy and an opportunity to call witnesses in their behalf and to present oral and written evidence on issues of fact. The agency shall permit the parties in interest to cross-examine witnesses but may limit such cross-examination to avoid the introduction of irrelevant or repetitious material in the record of the hearing.

A.	Where a public hearing has been held regarding a permit application, the agency shall either issue the permit requested, with or without conditions, or deny the application. The decision by the agency to issue or deny a permit after public hearing shall be based on the record of the hearing and shall be made in writing within 30 days of the agency's receipt of the hearing record.
B.	Where no public hearing regarding a permit application has been held, either because a hearing was determined not to be necessary pursuant to § 165-5E(2) of this chapter or because no notice of appearance was filed with regard to the public hearing and a hearing was canceled pursuant to § 165-5H of this chapter, the agency shall compile an official file, consisting of documents submitted by the applicant and any additional documents relied on by the agency with respect to the application. The agency may also take notice of general, technical or scientific facts within the specialized knowledge of the agency. Any document made part of such official file shall be available for inspection by the applicant and any interested member of the public. On the basis of such file, the agency shall either issue the permit requested, with or without conditions, deny the application or order a public hearing to be held pursuant to the provisions of this chapter. The decision by the agency to issue or deny a permit or to order that a hearing be held shall be based on the official file and shall be made in writing within 30 days of its completion of the official file and in any event within 60 days of its receipt of a completed application, provided that in the case where there have been no objections filed regarding a proposed project, the issuance of a permit shall be deemed to be a written decision by the agency.
C.	A copy of the decision of the agency on each application for a permit under this chapter shall be mailed by the agency as soon as practicable following such decision to the applicant and to each local government within whose boundaries the proposed regulated activity or any portion thereof is located and, if a public hearing has been held regarding the application, to each party in interest.

In granting, denying or conditioning any permit, the agency shall consider the effect of the proposed activities with reference to the public health and welfare, fishing, flood, hurricane and storm dangers and protection or enhancement of the several functions of the freshwater wetlands and the benefits derived therefrom which are set forth in § 165-2 of this chapter.

Standards.

(1)

No permit shall be issued by the agency pursuant to this chapter unless the agency shall find that:

(a)	The proposed regulated activity is consistent with the policy of this chapter to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom, to prevent the despoliation and destruction of freshwater wetlands and to regulate the development of such wetlands in order to secure the natural benefits of freshwater wetlands, consistent with the general welfare and beneficial economic, social and agricultural development of the Town of Woodbury.
(b)	The proposed regulated activity is consistent with the land use regulations applicable in the Town of Woodbury pursuant to § 24-0903 of Article 24 of the State Environmental Conservation Law.
(c)	The proposed regulated activity is compatible with the public health and welfare.
(d)	The proposed regulated activity is reasonable and necessary.
(e)	There is no reasonable alternative for the proposed regulated activity on a site which is not a freshwater wetland or an adjacent area.

(2)

The applicant shall have the burden of demonstrating that the proposed regulated activity will be in accord with the standards set forth in this subsection.

Duly filed written notice by the state or any agency or subdivision thereof to the agency that the state or any such agency or subdivision is in the process of acquiring, by negotiation or condemnation, the affected freshwater wetland on which a proposed regulated activity would be located shall be sufficient basis for denial of a permit for such regulated activity. Such notice may be provided at any time prior to the agency's decision to issue or deny a permit for the regulated activity.

Any permit issued pursuant to this chapter may be issued with conditions. Such conditions may be attached as are necessary to assure the preservation and protection of affected freshwater wetlands and to assure compliance with the policy and provisions of this chapter and the provisions of the agency's rules and regulations adopted pursuant to this chapter.

Every permit issued pursuant to this chapter shall contain the following conditions:

(1)	The agency shall have the right to inspect the project from time to time.
(2)	The permit shall expire on a certain date.
(3)	The permit holder shall notify the agency of the date on which project construction is to begin at least five days in advance of such.
(4)	The agency's permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit.

The agency shall set forth in writing in the file it keeps regarding a permit application its findings and reasons for all conditions attached to any permit.

In order to carry out the purposes and provisions of this chapter, the Town Board shall have the following powers:

A.	To appoint officers, agents and employees and prescribe their duties and qualifications and fix their compensation.
B.	To adopt, amend and repeal, after public hearing, such rules and regulations, consistent with this law, as it deems necessary to administer this chapter and to do any and all things necessary or convenient to carry out the purpose and policies of this chapter.
C.	To contract for professional and technical assistance and advice.
D.	To hold hearings and subpoena witnesses in the exercise of its powers, functions and duties provided for by this chapter.

To the greatest extent practicable, any public hearing held pursuant to § 165-6 of this chapter shall be incorporated with any public hearing required by or pursuant to the New York State Town Law, General Municipal Law or Environmental Conservation Law relating to approvals or permits otherwise required for the undertaking of regulated activities on the freshwater wetlands or adjacent area in question.

No permit granted pursuant to this chapter shall remove any person's obligation to comply in all respects with the applicable provisions of any other federal, state or local law or regulation, including but not limited to the acquisition of any other required permit or approval.

The agency may require that, prior to commencement of work under any permit issued pursuant to this chapter, the permittee shall post a cash or surety bond with the agency in an amount determined by the agency, conditioned upon the faithful compliance with the terms of such permit and for the indemnification of the Town of Woodbury for restoration costs resulting from failure to so comply. Such bond shall be either in cash or a bond issued by a corporate surety authorized to do business in the state in a form approved by the Attorney for the town and shall be in favor of the Town of Woodbury. The form of the bond shall be determined by the Town Board. It shall remain in effect until the agency certifies that the work has been completed in compliance with the terms of the permit or until the bond is released by the agency after approval of the Town Board or a substitute bond is provided.

The agency shall set forth in writing its findings and reasons for imposing a bond pursuant to this section.

A.	The agency may suspend or revoke a permit issued pursuant to this chapter where it finds that the permittee has not complied with any or all terms of such permit, has exceeded the authority granted in the permit or has failed to undertake the project in the manner set forth in the application.
B.	The agency shall set forth in writing its findings and reasons for revoking or suspending a permit.

A.	The Attorney General, upon his or her own initiative or upon complaint of the agency, shall prosecute persons alleged to have violated any such order of the agency pursuant to this chapter.
B.	The agency shall have the right to seek equitable relief to restrain any violation or threatened violation of any provisions of this chapter.

A.	Any decision or order of the agency, or of any officer or employee thereof, made pursuant to or within the scope of this chapter may be reviewed at the insistence of any person affected thereby, including but not limited to any owner of the affected wetland or adjacent area and any resident or citizen of the Town of Woodbury, by the Board in accordance with Title 11 of Article 24 of the State Environmental Conservation Law, provided that such review is commenced by the filing with the Board of a notice of review within 30 days after service of such order or after notice of such decision given, as the case may be.
B.	Any party to any proceeding before the agency may make an appeal to the Board in accordance with Title 11 of Article 24 of the State Environmental Conservation Law from any order or decision of the agency, or of any officer or employee thereof, issued or made pursuant to or within the scope of this chapter, provided that such appeal is commenced by the filing with the Board of a notice of appeal within 30 days after service of such order or after notice of such decision given, as the case may be.
C.	Any decision or order of the agency, or of any officer or employee thereof, made pursuant to or within the scope of this chapter may be reviewed at the insistence of any person, including but not limited to any owner of the affected wetland or adjacent area and any resident or citizen of the Town of Woodbury, in accordance with Article 78 of the State Civil Practice Law and Rules, provided that such review is commenced within 30 days of the filing of such decision or order; and the limitation upon the availability of such remedy as prescribed in § 7801 of the Civil Practice Law and Rules shall not be applicable to the applications for review of determinations and orders made pursuant to this chapter.
D.	The institution of a judicial proceeding to review a determination or order of the agency shall preclude the institution of a proceeding before the Board to review such a determination or order. The availability of such review by the Board shall not affect the right of any person to seek review of a determination of the agency as provided in Article 78 of the State Civil Practice Law and Rules.

Administrative sanctions. Any person who violates, disobeys or disregards any provision of this chapter, including any provision of any permit issued pursuant to this chapter or any rule or regulation adopted by the Town Board or agency pursuant to this chapter, shall be liable to the people of the state for a civil penalty not to exceed $3,000 for every such violation, to be assessed by the agency after a hearing or opportunity to be heard upon due notice and with the rights to specification of the charges and representation by counsel at such hearing. Such penalty may be recovered in an action brought by the Attorney General at the request and in the name of the agency in any court of competent jurisdiction. Such civil penalty may be released or compromised by the agency before the matter has been referred to the Attorney General, and such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the Attorney General with the consent of the agency. In addition, the agency shall have power, following a hearing held in conformance with the procedures set forth in § 71-1709 of the State Environmental Conservation Law, to direct the violator to cease his or her violation of this chapter and to restore the affected freshwater wetland to its condition prior to the violation, insofar as that is possible within a reasonable time and under the supervision of the agency. Any such order of the agency shall be enforceable in an action brought by the Attorney General at the request and in the name of the agency in any court of competent jurisdiction. Any civil penalty or order issued by the agency pursuant to this subsection shall be reviewable in a proceeding pursuant to Article 78 of the State Civil Practice Law and Rules.

Criminal sanctions. Any person who violates an order, permit or rule or regulation of the agency regulating freshwater wetlands and adjacent areas pursuant to this chapter shall, in addition, for the first offense, be guilty of a violation punishable by a fine of not less than $500 nor more than $1,000; for a second and each subsequent offense, he or she shall be guilty of a misdemeanor punishable by a fine of not less than $1,000 nor more than $2,000 or a term of imprisonment of not less than 15 days nor more than six months, or both. Instead of these punishments, any offender may be punished by being ordered by the court to restore the affected freshwater wetland to its condition prior to the offense, insofar as that is possible. The court shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the agency. Each offense shall be a separate and distinct offense and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 7-20-1978 by L.L. No. 8-1978. Amendments noted where applicable.]

This chapter is enacted pursuant to the authority of Article 9-A of the General Municipal Law of the State of New York and shall be known as the "Games of Chance Licensing Law of the Town of Woodbury."

[Amended 10-18-1979 by L.L. No. 8-1979]

The following terms, phrases and words shall have the meanings given herein:

AUTHORIZED GAMES OF CHANCE LESSOR — An authorized organization which has been granted a lessor's license pursuant to the provisions of this chapter or the town.

AUTHORIZED ORGANIZATION — Any bona fide religious or charitable organization or bona fide educational, fraternal or service organization or bona fide organization of veterans or volunteer firemen, which by its charter, certificate of incorporation, constitution or act of legislature shall have among its dominant purposes one or more of the lawful purposes as defined in this chapter, provided that each shall operate without profit to its members, and provided that each such organization has engaged in serving one or more of the lawful purposes as defined in this chapter for a period of three years immediately prior to applying for a license under this article. Editor's Note: "Article" refers to Article 9-A of the General Municipal Law. No organization shall be deemed an authorized organization which is formed primarily for the purpose of conducting games of chance and which does not devote at least 75% of its activities to other than conducting games of chance. No political party shall be deemed an authorized organization.

AUTHORIZED SUPPLIER OF GAMES OF CHANCE EQUIPMENT — Any person, firm, partnership, corporation or organization licensed by the Board to sell or lease games of chance equipment or paraphernalia which meets the specifications and regulations established by the Board. Nothing herein shall prevent an authorized organization from purchasing common articles, such as cards and dice, from normal sources of supply of such articles or from constructing equipment or paraphernalia for games of chance for its own use. However, no such equipment or paraphernalia, constructed or owned by an authorized organization shall be sold or leased to any other authorized organization without written permission from the Board.

BOARD — The New York State Racing and Wagering Board.

CLERK — The Town Clerk of the Town of Woodbury.

GAMES OF CHANCE — Only the games known as "merchandise wheels" and such other specific games as may be authorized by the Board, in which prizes are awarded on the basis of a designated winning number or numbers, color or colors, symbol or symbols determined by chance, but not including games commonly known as "bingo" or "lotto" which are controlled under Article 14-H of the General Municipal Law and also not including slot machines, bookmaking, policy or numbers games and lottery as defined in § 225.00 of the Penal Law. No game of chance shall involve wagering of money by one player against another player.

GAMES OF CHANCE CURRENCY — Legal tender or a form of scrip or chip authorized by the Board, any of which may be used at the discretion of the games of chance licensee.

LAWFUL PURPOSES — One or more of the following causes, deeds or activities:

A.	Those which shall benefit needy or deserving persons indefinite in number by enhancing their opportunity for religious or educational advancement, by relieving them from disease, suffering or distress or by contributing to their physical well-being, by assisting them in establishing themselves in life as worthy and useful citizens or by increasing their comprehension of and devotion to the principles upon which this nation was founded and enhancing their loyalty to their governments.
B.	Those which shall initiate, perform or foster worthy public works or shall enable or further the erection or maintenance of public structures.
C.	Those which shall otherwise lessen the burdens borne by government or which are voluntarily undertaken by an authorized organization to augment or supplement services which government would normally render to the people.

LICENSE PERIOD — A period of time not to exceed 14 consecutive hours.

NET LEASE — A written agreement between a lessor and lessee under the terms of which the lessee is entitled to the possession, use or occupancy of the whole or part of any premises from any noncommercial or nonprofit authorized games of chance lessor for which the lessee pays rent to the lessor and likewise undertakes to pay substantially all of the regularly recurring expenses incident to the operation and maintenance of such leased premises.

NET PROCEEDS

In relation to the gross receipts from one or more license periods of games of chance, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for supplies and equipment, prizes, security personnel, stated rental, if any, bookkeeping or accounting services according to a schedule of compensation prescribed by the Board, janitorial services and utility supplies, if any, and license fees.

In relation to the gross rent received by an authorized games of chance lessor for the use of its premises by a games of chance licensee, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for janitorial services and utility supplies directly attributable thereto, if any.

OFFICER — The Chief of Police of the Town of Woodbury.

ONE OCCASION — The successive operations of any one single type of game of chance which results in the awarding of a series of prizes amounting to $250 or $200 during any one license period, in accordance with the provisions of § 173-3 of this chapter, as the case may be. For purposes of the game of chance known as a "merchandise wheel," "one occasion" shall mean the successive operations of any one such merchandise wheel for which the limit on a series of prizes provided by § 173-3 of this chapter shall apply.

OPERATION — The play of a single type of game of chance necessary to determine the outcome or winners each time wagers are made.

PREMISES — A designated area within a building, hall, tent or grounds reasonably identified for the conduct of games of chance. Nothing herein shall require such area to be enclosed.

SERIES OF PRIZES — The total amount of single prizes minus the total amount of wagers lost during the successive operations of a single type of game of chance, except that for merchandise wheels, "series of prizes" shall mean the sum of the actual value of merchandise awarded as single prizes during the successive operations of any single merchandise wheel.

SINGLE PRIZE — The sum of money or actual value of merchandise awarded to a participant by a games of chance licensee in any one operation of a single type of game of chance in excess of his wager.

SINGLE TYPE OF GAME — The games of chance known as "merchandise wheels" and each other specific game of chance authorized by the Board.

TOWN — The Town of Woodbury.

[Amended 10-18-1979 by L.L. No. 8-1979]

The conduct of games of chance authorized by this chapter shall be subject to the following restrictions:

(1)	No person, firm, partnership, corporation or organization, other than a licensee under the provisions of § 173-6 of this chapter, shall conduct such game or shall lease or otherwise make available for conducting games of chance premises for any consideration whatsoever, direct or indirect.
(2)	No game of chance shall be held, operated or conducted on or within any leased premises if rental under such lease is to be paid, wholly or partly, on the basis of a percentage of the receipts or net profits derived from the operation of such game.
(3)	No authorized organization licensed under the provisions of this chapter shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of games of chance from other than a supplier licensed by the Board or from another authorized organization.
(4)	The entire net proceeds of any game of chance shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same, and the net proceeds of any rental derived therefrom shall be exclusively devoted to the lawful purposes of the authorized games of chance lessor.
(5)	No single prize shall exceed the sum or value of $100 except that for merchandise wheels no single prize shall exceed the sum or value of $250. No single wager shall exceed $2.
(6)	No authorized organization shall award a series of prizes consisting of merchandise with an aggregate value in excess of $1,000 during the successive operations of any one merchandise wheel.
(7)	In addition to merchandise wheels, no more than five other single types of games of chance shall be conducted during any one license period.
(8)	Except for merchandise wheels, no series of prizes on any one occasion shall aggregate more than $200 when the licensed authorized organization conducts five single types of games of chance during any one license period. Except for merchandise wheels, no series of prizes on any one occasion shall aggregate more than $250 when the licensed authorized organization conducts less than five single types of games of chance, exclusive of merchandise wheels, during any one license period.
(9)	Except for the limitations on the sum or value for single prizes and series of prizes, no limit shall be imposed on the sum or value of prizes awarded to any one participant during any occasion or any license period.
(10)	No person except a bona fide member of the licensed authorized organization shall participate in the management of such games; and no person except a bona fide member of the licensed authorized organization, its auxiliary or affiliated organization shall participate in the operation of such game.
(11)	No person shall receive any remuneration for participating in the management or operation of any such game.
(12)	No authorized organization shall extend credit to a person to participate in playing a game of chance.
(13)	No game of chance shall be conducted on other than the premises of an authorized organization or an authorized games of chance lessor.

The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor.

[Added 10-18-1979 by L.L. No. 8-1979]

No person, firm, partnership, corporation or organization shall sell or distribute supplies or equipment specifically designed or adapted for use in conduct of games of chance without having first obtained a license therefor upon written application made, verified and filed with the Board in the form prescribed by the rules and regulations of the Board. In each such application for a license under this section shall be stated the name and address of the applicant; the names and addresses of its officers, directors, shareholders or partners; the amount of gross receipts realized on the sale and rental of games of chance supplies and equipment to duly licensed authorized organizations during the last preceding calendar or fiscal year; and such other information as shall be prescribed by such rules and regulations. The fee for such license shall be a sum equal to $25 plus an amount equal to 2% of the gross sales and rentals, if any, of games of chance equipment and supplies to authorized organizations or authorized games of chance lessors by the applicant during the preceding calendar year, or fiscal year if the applicant maintains his accounts on a fiscal-year basis. No license granted pursuant to the provisions of this section shall be effective for a period of more than one year.

The following shall be ineligible for such a license:

(1)	A person convicted of a crime who has not received a pardon, a certificate of good conduct or a certificate of relief from disabilities.
(2)	A person who is or has been a professional gambler or gambling promoter or who for other reasons is not of good moral character.
(3)	A public officer or employee.
(4)	An authorized games of chance lessor.
(5)	A firm or corporation in which a person defined in Subsection A(1), (2), (3) or (4) above has greater than a ten-per-centum proprietary, equitable or credit interest or in which such a person is active or employed.

The Board shall have power to examine or cause to be examined the books and records of any applicant for a license under this section. Any information so received shall not be disclosed except so far as may be necessary for the purpose of carrying out the provisions of this chapter.

Any solicitation of an organization licensed to conduct games of chance to purchase or induce the purchase of games of chance supplies and equipment, other than by a person licensed or otherwise authorized pursuant to this section, shall constitute a violation of this section.

Any person who willfully shall make any material false statement in any application for a license authorized to be issued under this section or who willfully shall violate any of the provisions of this section or of any license issued hereunder shall be guilty of a misdemeanor and, in addition to the penalties in such case made and provided, shall forfeit any license issued to him or it under this section and shall be ineligible to apply for a license under this section for one year thereafter.

At the end of such period specified in the license, a recapitulation shall be made as between the licensee and the Board in respect to the gross sales and rentals actually recorded during that period and the fee paid therefor, and any deficiency of fee thereby shown to be due shall be paid by the licensee, and any excess of fee thereby shown to have been paid shall be credited to said licensee in such manner as the Board, by the rules and regulations, shall prescribe.

[Amended 10-18-1979 by L.L. No. 8-1979]

Applications to conduct games of chance.

(1)

Each applicant for a license shall, after obtaining an identification number from the Board, file with the Clerk a written application therefor, in a form to be prescribed by the Board, duly executed and verified, in which shall be stated:

(a)	The name and address of the applicant, together with sufficient facts relating to its incorporation and organization to enable the Clerk to determine whether or not it is a bona fide authorized organization.
(b)	The names and addresses of its officers; the place or places where and the date or dates and the time or times when the applicant intends to conduct games under the license applied for.
(c)	The amount of rent to be paid or other consideration to be given directly or indirectly for each licensed period for use of the premises of an authorized games of chance lessor.
(d)	All other items of expense intended to be incurred or paid in connection with the holding, operating and conducting of such games of chance and the names and addresses of the persons to whom, and the purposes for which, they are to be paid.
(e)	The purposes to which the entire net proceeds of such games are to be devoted and in what manner; that no commission, salary, compensation, reward or recompense will be paid to any person for conducting such game or games or for assisting therein except as in this chapter otherwise provided; and such other information as shall be prescribed by such rules and regulations.
(f)	The name of each single type of game of chance to be conducted under the license applied for and the number of merchandise wheels, if any, to be operated.

(2)

In each application there shall be designated not less than four bona fide members of the applicant organization under whom the game or games of chance will be managed, and to the application shall be appended a statement executed by the members so designated that they will be responsible for the management of such games in accordance with the terms of the license, the rules and regulations of the Board and this chapter.

Authorized games of chance lessor. Each applicant for a license to lease premises to a licensed organization for the purposes of conducting games of chance therein shall file with the Clerk a written application therefor, in a form to be prescribed by the Board, duly executed and verified, which shall set forth the name and address of the applicant; designation and address of the premises intended to be covered by the license sought; a statement that the applicant in all respects conforms to the specifications contained in the definition of "authorized organization"; a statement of the lawful purposes to which the net proceeds from any rental are to be devoted by the applicant; and such other information as shall be prescribed by the Board.

[Amended 10-18-1979 by L.L. No. 8-1979]

The Clerk shall make an investigation of the qualifications of each applicant and the merits of each application with due expedition after the filing of the application.

Issuance of licenses and payment of fees.

(1)

Issuance of licenses to conduct games of chance. If such Clerk shall determine that the applicant is duly qualified to be licensed to conduct games of chance under this chapter, that the member or members of the applicant designated in the application to manage games of chance are bona fide active members of the applicant and are persons of good moral character and have never been convicted of a crime, or, if, convicted, have received a pardon, a certificate of good conduct or a certificate of relief from disabilities, that such games are to be conducted in accordance with the provisions of this chapter and in accordance with the rules and regulations of the Board and that the proceeds thereof are to be disposed of as provided by this chapter, and if such Clerk is satisfied that no commission, salary, compensation, reward or recompense whatever will be paid or given to any person managing, operating or assisting therein except as in this chapter otherwise provided, it shall issue a license to the applicant for the conduct of games of chance upon payment of a license fee of $25 for each license period.

(2)

Issuance of licenses to authorized games of chance lessors. If such Clerk shall determine that the applicant seeking to lease premises for the conduct of games of chance to a games of chance licensee is duly qualified to be licensed under this chapter, that the applicant satisfies the requirements for an authorized organization as defined in this chapter, that the applicant has filed its proposed rent for each license period and that the Clerk has approved the proposed rent as fair and reasonable, that the net proceeds from any rental will be devoted to the lawful purposes of the applicant, that there is no diversion of the funds of the proposed lessee from the lawful purposes as defined in this chapter and that such leasing of premises for the conduct of such games is to be in accordance with the provisions of this chapter and with the rules and regulations of the Board, it shall issue a license permitting the applicant to lease said premises for the conduct of such games to the games of chance licensee or licensees specified in the application during the period therein specified or such shorter period as such Clerk shall determine, but not exceed 12 license periods during a calendar year, upon payment of a license fee of $50. Nothing herein shall be construed to require the applicant to be licensed under this chapter to conduct games of chance.

On or before the 30th day of each month, the chief fiscal officer of the Town of Woodbury shall transmit to the State Comptroller a sum equal to 50% of all authorized games of chance lessor license fees and the sum of $15 per license period for the conduct of games of chance collected by such Clerk during the preceding calendar month.

No license shall be issued under this chapter which shall be effective for a period of more than one year.

[Amended 10-18-1979 by L.L. No. 8-1979]

A.	No application for the issuance of a license to conduct games of chance or lease premises to an authorized organization shall be denied by the Clerk until after a hearing, held on due notice to the applicant, at which the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application.
B.	Any license issued under this chapter may be amended, upon application made to such Clerk which issued it, if the subject matter of the proposed amendment could lawfully and properly have been included in the original license and upon payment of such additional license fee, if any, as would have been payable if it had been so included.

[Amended 10-18-1979 by L.L. No. 8-1979]

Each license to conduct games of chance shall be in such form as shall be prescribed in the rules and regulations promulgated by the Board and shall contain a statement of the name and address of the licensee, of the names and addresses of the members of the licensee under whom the games will be managed, of the place or places where and the date or dates and time or times when such games are to be conducted and of the purposes to which the entire net proceeds of such games are to be devoted; the name of each single type of game to be conducted under the license and the number of merchandise wheels, if any, to be operated; and any other information which may be required by said rules and regulations to be contained therein, and each license issued for the conduct of any games shall be conspicuously displayed at the place where same is to be conducted at all times during the conduct thereof.

Each license to lease premises for conducting games of chance will be in such form as shall be prescribed in the rules and regulations of the Board and shall contain a statement of the name and address of the licensee and the address of the leased premises, the amount of permissible rent and any information which may be required by said rules and regulations to be contained therein, and each such license shall be conspicuously displayed upon such premises at all times during the conduct of games of chance.

§ 173-9. Control and supervision; suspension of license; inspections; sale of alcoholic beverages.

[Amended 10-18-1979 by L.L. No. 8-1979]

The officer shall have and exercise rigid control and close supervision over all games of chance conducted under such license, to the end that the same are fairly conducted in accordance with the provisions of such license, the provisions of the rules and regulations promulgated by the Board and the provisions of this chapter, and such officer and the Board shall have the power and the authority to temporarily suspend any license issued by the Clerk pending a hearing, and after notice and hearing the Clerk or Board may suspend or revoke the same and, additionally, impose a fine in an amount not exceeding $1,000 for violation of any such provisions and shall have the right of entry, by their respective officers and agents, at all times into any premises where any game of chance is being conducted or where it is intended that any such game shall be conducted or where any equipment being used or intended to be used in the conduct thereof is found, for the purpose of inspecting the same. An agent or the appropriate officer shall make an on-site inspection during the conduct of all games of chance licensed pursuant to this chapter.

Service of alcoholic beverages. Subject to the applicable provisions of the Alcoholic Beverage Control Law, beer may be offered for sale during the conduct of games of chance on games of chance premises as such premises are defined in this chapter; provided, however, that nothing herein shall be construed to limit the offering for sale of any other alcoholic beverage in areas other than the games of chance premises.

[Amended 10-18-1979 by L.L. No. 8-1979]

The conduct of games of chance on Sunday is hereby authorized. However, no games of chance shall be conducted on Easter, Christmas Day or New Year's Eve. Games shall be conducted only between the hours of 12:00 noon and 12:00 midnight on Sunday.

[Amended 10-18-1979 by L.L. No. 8-1979]

No person under the age of 18 years shall be permitted to play any game or games of chance conducted pursuant to any license issued under this chapter. Persons under the age of 18 years may be permitted to attend games of chance at the discretion of the games of chance licensee. No person under the age of 18 years shall be permitted to operate any game of chance conducted pursuant to any license issued under this chapter or to assist therein.

[Amended 10-18-1979 by L.L. No. 8-1979]

No game or games of chance shall be conducted under any license issued under this chapter more often than 12 times in any calendar year. No particular premises shall be used for the conduct of games of chance on more than 24 license periods during any one calendar year. Games shall be conducted only between the hours of 12:00 noon and 12:00 midnight on Monday, Tuesday, Wednesday and Thursday, and only between the hours of 12:00 noon on Friday and 2:00 a.m. Saturday, and only between the hours of 12:00 noon on Saturday and 2:00 a.m. Sunday. The 2:00 a.m. closing period shall also apply to a legal holiday.

[Amended 10-18-1979 by L.L. No. 8-1979]

A.	No person shall operate any game of chance under any license issued under this chapter except a bona fide member of the authorized organization to which the license is issued, or a bona fide member of an organization or association which is an auxiliary to the licensee, or a bona fide member of an organization or association of which such licensee is an auxiliary, or a bona fide member of an organization or association which is affiliated with the licensee by being, with it, auxiliary to another organization or association.
B.	Nothing herein shall be construed to limit the number of games of chance licensees for whom such persons may operate games of chance nor to prevent nonmembers from assisting the licensee in any activity other than managing or operating games.
C.	No game of chance shall be conducted with any equipment except such as shall be owned or leased by the authorized organization so licensed or used without payment of any compensation therefor by the licensee.
D.	The head or heads of the authorized organization shall, upon request, certify, under oath, that the persons operating any game of chance are bona fide members of such authorized organization or auxiliary or affiliated organization.
E.	Upon request by an officer, any such person involved in such games of chance shall certify that he or she has no criminal record.
F.	No items of expense shall be incurred or paid in connection with the conducting of any game of chance pursuant to any license issued under this chapter except those that are reasonable and are necessarily expended for games of chance supplies and equipment, prizes, security personnel, stated rental, if any, bookkeeping or accounting services according to a schedule of compensation prescribed by the Board, janitorial services and utility supplies, if any, license fees, and the cost of bus transportation, if authorized by such Clerk.

[Amended 10-18-1979 by L.L. No. 8-1979]

A fee may be charged by any licensee for admission to any game or games of chance conducted under any license issued under this chapter. The Clerk may in his discretion fix a minimum fee. Every winner shall be determined and every prize shall be awarded and delivered within the same calendar day as that upon which the game was played. No alcoholic beverages shall be offered or given as a prize in any game of chance.

[Amended 10-18-1979 by L.L. No. 8-1979]

A licensee may advertise the conduct of games of chance to the general public by means of handbill and poster, and by one sign not exceeding 60 square feet in area which may be displayed on or adjacent to the premises owned or occupied by a licensed authorized organization, and when an organization is licensed to conduct games of chance on premises of an authorized games of chance lessor, one additional such sign may be displayed on or adjacent to the premises in which the games are to be conducted. Additional signs may be displayed upon any fire-fighting equipment belonging to any licensed authorized organization which is a volunteer fire company. All advertisements shall be limited to the description of such event as "Games of chance" or "Las Vegas Night," the name of the authorized organization conducting such games, the license number of the authorized organization as assigned by the Clerk and the date, location and time of the event.

[Amended 10-18-1979 by L.L. No. 8-1979]

Within seven days after the conclusion of any license period, the authorized organization which conducted the same and its members who were in charge thereof and, when applicable, the authorized games of chance lessor which rented its premises therefor shall each furnish to the Clerk a statement subscribed by the member in charge and affirmed by him as true, under the penalties of perjury, showing the amount of the gross receipts derived therefrom and each item of expense incurred or paid and each item of expenditure made or to be made other than prizes, the name and address of each person to whom each such item of expense has been paid or is to be paid, with a detailed description of the merchandise purchased or the services rendered therefor, the net proceeds derived from the conduct of games of chance during such license period and the use to which such proceeds have been or are to be applied, and it shall be the duty of each licensee to maintain and keep such books and records as may be necessary to substantiate the particulars of each such statement.

Upon the filing of such statement of receipts, the authorized organization furnishing the same shall pay to the Clerk as and for an additional license fee a sum based upon the reported net proceeds, if any, for the license period covered by such statement and determined in accordance with such schedule as shall be established from time to time by the Board to defray the actual cost to the town of administering the provisions of this chapter, but such additional license fee shall not exceed 5% of the net proceeds for such license period.

The Clerk and the Board shall have power to examine or cause to be examined the books and records of:

(1)

Any authorized organization which is or has been licensed to conduct games of chance, so far as they may relate to games of chance including maintenance, control and disposition of net proceeds derived from games of chance or from the use of its premises for games of chance and to examine any manager, officer, director, agent, member or employee thereof under oath in relation to the conduct of any such game under any such license, the use of its premises for games of chance or the disposition of net proceeds derived from games of chance, as the case may be.

(2)

Any authorized games of chance lessor so far as they may relate to leasing premises for games of chance and to examine said lessor or any manager, officer, director, agent or employee thereof under oath in relation to such leasing.

Any information so received shall not be disclosed except so far as may be necessary for the purpose of carrying out the provisions of this chapter.

Any applicant for or holder of any license issued or to be issued under this chapter aggrieved by any action of an officer or Clerk to whom such application has been made or by whom such license has been issued may appeal to the Board from the determination of said officer or Clerk by filing with such officer or Clerk a written notice of appeal within 30 days after the determination of action appealed from, and upon the hearing of such appeal, the evidence, if any, taken before such officer or Clerk and any additional evidence may be produced and shall be considered in arriving at a determination of the matters in issue, and the action of the Board upon said appeal shall be binding upon such officer or Clerk and all parties to said appeal.

[Amended 10-18-1979 by L.L. No. 8-1979]

No person, firm, partnership, corporation or organization lawfully conducting or participating in the conduct of games of chance or permitting the conduct upon any premises owned or leased by him or it under any license lawfully issued pursuant to this chapter shall be liable to prosecution or conviction for violation of any provision of Article 225 of the Penal Law or this chapter, but this immunity shall not extend to any person or corporation knowingly conducting or participating in the conduct of games of chance under any license obtained by any false pretense or by any false statement made in any application for license or otherwise or permitting the conduct upon any premises owned or leased by him or it of any game of chance conducted under any license known to him or it to have been obtained by any such false pretense or statement.

[Amended 10-18-1979 by L.L. No. 8-1979]

Any person, firm, partnership, corporation or organization who or which shall make any material false statement in any application for any license authorized to be issued under this chapter; pay or receive, for the use of any premises for conducting games of chance, a rental in excess of the amount specified as the permissible rent in the license hereinbefore provided; fail to keep such books and records as shall fully and truly record all transactions connected with the conducting of games of chance or the leasing of premises to be used for the conduct of games of chance; falsify or make any false entry in any books or records so far as they relate in any manner to the conduct of games of chance, to the disposition of the proceeds thereof and to the application of the rents received by any authorized organization; or divert or pay any portion of the net proceeds of any game of chance to any person, firm, partnership or corporation, except in furtherance of one or more of the lawful purposes defined in this chapter, shall be guilty of a misdemeanor and shall forfeit any license issued under this chapter and be ineligible to apply for a license under this chapter for at least one year thereafter.

Any person, association, corporation or organization holding, operating or conducting a game or games of chance is guilty of a misdemeanor, except when operating, holding or conducting:

In accordance with a valid license issued pursuant to this chapter.

On behalf of a bona fide organization of persons 60 years of age or over, commonly referred to as senior citizens, solely for the purpose of amusement and recreation of its members where:

(1)	The organization has applied for and received an identification number from the Board.
(2)	No player or other person furnishes anything of value for the opportunity to participate.
(3)	The prizes awarded or to be awarded are nominal.
(4)	No person other than a bona fide active member of the organization participates in the conduct of the games.
(5)	No person is paid for conducting or assisting in the conduct of the game or games.

This chapter shall not become effective unless and until it shall have been approved by a majority of the qualified electors of the Town of Woodbury voting on this chapter at a general or special election. Editor's Note: The local law enacting this chapter was passed at a general election held on November 7, 1978.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 10-1-1998 by L.L. No. 10-1998. Amendments noted where applicable.]

GENERAL REFERENCES
Junk dealers — See Ch. 189.
Peddling and soliciting — See Ch. 234.
Property maintenance — See Ch. 240.

As used in this chapter, the following terms shall have the meanings indicated:

GARAGE SALE — Sales commonly known as "garage sales," "lawn sales," "attic sales," "rummage sales" or "flea market sales" or any similar garage sales of tangible personal property wherein goods are made available for sale to the public at large.

PERSONAL PROPERTY — Includes movable and tangible things such as furniture, toys, clothing, etc., maintained at the site of the garage sale for a period of six months prior to the sale.

No person shall conduct a garage sale of personal property without first obtaining a license from the Town Clerk. Such license shall be issued to the owner or tenant of such household only twice within a calendar year, and no such license shall be issued for more than three consecutive days. The license fee for such sale as defined in this chapter shall be $5.

A.	There shall be no more than two such sales per year per household unless otherwise authorized by action of the Town Board.
B.	No goods shall be displayed nor shall a sale be conducted on premises other than in the driveway, in the garage or the interior of the premises, or the rear yard or side yards or front yard, except for that portion of the side yard which protrudes into the front yard, all as defined in the Zoning Law. Editor's Note: See Ch. 310, Zoning.
C.	Newspaper advertisements for the sale shall be permitted as well as a sign on the premises. However, the sign on the premises shall not be erected more than 48 hours prior to the sale and shall be removed immediately after the sale.
D.	Where a permit is issued, the permit shall designate three days during which the sale is permissible under the permit. An automatic rain date is granted without additional fee.
E.	No off-premises sign shall be permitted unless simultaneously with the application for a garage sale license a deposit of $50 shall be given to the Town Clerk which shall permit off-premises signs. Within one week after the garage sale, the applicant shall be required to remove all off-premises signs and, failing to do so, the $50 deposit shall be forfeited, which sum shall be applied to the cost of the removal of such off-premises signs. However, in the event that the applicant fully complies with removing the signs within the aforesaid time limitation, the applicant shall be entitled to a return of the $50 deposit.
F.	A sign no greater in size than 20 inches by 14 inches may be placed on the property where the sale is conducted.
G.	No goods shall be sold at a garage sale, as defined in this chapter, which have been purchased for sale at a garage sale nor shall any goods be sold at a garage sale except goods which have been owned by the owner and at the premises of the owner for six months prior to the sale.
H.	No tangible personal property shall be sold at a garage sale, as defined in the within chapter, except pursuant to the issuance of a license and except in conformity with the restrictions contained in the within chapter.
I.	The occupier of the premises shall not sell goods at the premises received by him under consignment.
J.	The applicant shall be required to clean up the premises by 6:30 p.m. of the last day of the sale.

The application for a license shall be made at least two days prior to the initial date of the intended sale. The license shall be prominently displayed on the premises and visible from the street upon which the sale is conducted throughout the entire period of the licensed sale.

A person applying for a license shall submit to the Town Clerk, in writing, the name of the person conducting the sale; the name of the owner of the property on which the said sale is to be conducted; the location at which the sale is to be conducted; the number of days of the sale; and the date and nature of any past sales during the same calendar year.

The application shall provide the following information:

(1)	Name of person, firm, group, corporation, association or organization conducting said sale.
(2)	Name of the owner of the property on which said sale is to be conducted and the consent of the owner if the applicant is other than the owner.
(3)	Location at which the sale is to be conducted.
(4)	Number of days of the sale.
(5)	Date and nature of any past sale.
(6)	Relationship or connection the applicant may have had with any other person conducting a sale and the date or dates of such sale.
(7)	Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
(8)	Sworn statement or affirmation by the person signing that the information there given is full and true and known to him to be so.

No sale shall be conducted except during the hours of 8:00 a.m. to 6:00 p.m., except Sunday when the hours will be 1:00 p.m. to 6:00 p.m.

The provisions of this chapter shall not apply to or affect the following persons or sales:

A.	Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.
B.	Persons selling pursuant to an order or process of the court.
C.	Persons acting in accordance with their powers and duties as public officials.
D.	Any person selling or advertising for sale an item or items of personal property which are specifically named and described in the advertisement and which separate items do not exceed five in number.
E.	Any sale conducted by a merchant or business establishment from or at a place of business which is lawful.

A.	This chapter shall be enforced by the Woodbury Police Department. It shall be the duty of the Police Department to investigate any violation of this chapter coming to its attention, whether by complaint or arising from its own personal knowledge, and if a violation is found to exist, it shall prosecute a complaint before the Town Justice pursuant to the provisions of this chapter.
B.	The person to whom the license is issued and the owner or tenant of the premises at which the sale is to be conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of the sale. No loud or boisterous conduct shall be permitted on the premises, nor shall the passage of traffic be in any way impeded.

Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of this chapter shall, upon conviction, be fined not less than $10 nor more than $250. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.

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

GENERAL REFERENCES
Building construction — See Ch. 96.
Fair housing — See Ch. 139.

The Town Board of the Town of Woodbury, taking cognizance of the exposure to loss, because of a builder's financial failure, of contract deposits placed with a builder for the purchase of a home in the Town of Woodbury and further taking cognizance of the desire on the part of all responsible businessmen in the building and construction industry in the Town of Woodbury to preserve their reputations from the adverse effect of possible losses of home buyer deposits as above described, hereby determines that the enactment of this article pursuant to the general powers granted by § 10 of the Municipal Home Rule Law will contribute to the public welfare and safety, to the orderly development of the Town of Woodbury and will reinforce public confidence in the financially responsible builders and contractors in the Town of Woodbury.

As used in this article, the following terms, unless the context requires otherwise, shall have the meanings indicated:

DEFAULT — Where title to the home is not transferred to the vendee because of the failure of the vendor to substantially perform those provisions of the agreement between the vendor and vendee wherein the vendor undertook to build or construct a home for the vendee, or where the vendor becomes insolvent.

DEMAND — Communication of an actual notice to the vendor of requests made therein.

DEPOSIT — The ten-percent down payment given by the vendee to the vendor as required by the vendor prior to the commencement of the work to be performed, pursuant to an agreement between the vendor and vendee wherein the vendor undertook to build or construct a home for the vendee.

HOME — A new one- or two-family dwelling intended to be used primarily as a residence.

TOWN — The Town of Woodbury.

VENDEE — Any individual or individuals who have contracted with a vendor for construction of a home on land not owned at the time of such agreement by such individual or individuals.

VENDOR — Any person, firm, corporation or association engaged in the business of erecting or constructing homes.

Posting bond. When a vendor undertakes to build or construct a home for a vendee and such vendee is required to pay a deposit to such vendor, the vendor shall post with the Supervisor, as chief fiscal officer of the town, a bond in the amount of such deposit or deposits. Such bond shall be posted within five business days after receipt of said deposit by the vendor and shall secure the payment of said deposit to the vendee upon the vendor's default. In no event shall the vendor secure a building permit from the Administrator until the posting of such bond is completed. [Amended 7-1-1982 by L.L. No. 6-1982]

Alternative to posting bond. In the event that the vendor is unable to post a bond as hereinabove provided, the vendor shall place the deposit or deposits paid to him by the vendee in an interest-bearing escrow account maintained by the vendor's attorney within five business days after receipt of such deposit or deposits. Such deposit or deposits, together with interest accumulated thereon, shall remain the property of the vendee, except as otherwise provided herein. No building permit shall be issued until evidence that the deposit or deposits have been placed in an interest-bearing escrow account has been presented to the Supervisor as chief fiscal officer of the town.

Upon transfer of title of the home to the vendee and upon presentation of evidence that such transfer has occurred, the posted bond or funds held in escrow, together with interest accumulated thereon, shall become the property of the vendor, unless otherwise agreed between the vendor and vendee.

In the event of a default by the vendor, the vendee may demand return of his deposit or deposits from the vendor or his attorney, and the vendor or his attorney shall physically transfer the account to the vendee or pay the balance of said account to the vendee within 14 business days after the day on which the demand was made. If the vendor has posted a bond pursuant to the provisions of this article, the vendee may initiate an action for the payment thereon for the amount of the deposit or deposits.

Failure of the vendor to comply with any of the provisions of this article is a misappropriation of funds, and action may be brought by the vendee against the vendor for the return of any moneys advanced. In addition, the failure of the vendor to so comply with the provisions of this article shall be deemed a misdemeanor, and the vendor shall be prosecuted in a criminal action maintained by the appropriate authorities.

A.	Nothing in this article shall impair, limit or reduce the statutory, common law or contractual duties or liability of any vendor in the construction of a home, nor shall these provisions apply to any local law or ordinance which requires the posting of public improvement bonds.
B.	This article is intended to prevent loss of contract deposits on homes being built in the Town of Woodbury. It shall not be construed to make the town or any agency or department of the town a party to a contract of sale of real property nor an arbiter or guarantor of the terms of such a contract.

ARTICLE II Homes; New Residences; Payment of Taxes [Adopted 3-15-1990 by L.L. No. 3-1990]

The Town Board has recently experienced situations where developers have constructed homes on new roads that are dedicated to the town. The Town Board has found that in a few instances the developer has dedicated the roads but has refused to pay the underlying taxes which results in the Town Board having to deduct from the cash performance bond a sum equal to the delinquent taxes. The result is that the amount of the performance bond to guarantee completion of the road is inadequate. Accordingly, the Town Board wishes to adopt legislation requiring developers to pay all taxes prior to the issuance of certificates of occupancy for completed houses.

Before any certificates of occupancy are issued by the Building Department, it will be necessary for a developer to submit to the Building Inspector proof of the payment of state, county and town and school taxes that are due on any facilities that are to be dedicated to the town, or if the Town Board determines that such facilities are not to be dedicated, proof must still be submitted of the payment of such taxes. No certificates of occupancy shall be issued unless proof of payment of such taxes has been filed with the Building Department.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 5-3-2007 by L.L. No. 2-2007. Amendments noted where applicable.]

GENERAL REFERENCES
Building construction — See Ch. 96.
Environmental quality review — See Ch. 135.
Fees — See Ch. 143.
Flood damage prevention — See Ch. 159.
Flood hazard areas — See Ch. 161.
Stormwater management and erosion and sediment control — See Ch. 267.
Subdivision of land — See Ch. 272.
Zoning — See Ch. 310.

The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the Town of Woodbury through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the Town of Woodbury's separate storm sewer system, some of which is a designated municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process and to meet Town objectives to protect the environment. The objectives of this chapter are:

A.	To regulate the contribution of pollutants to storm sewers, including the municipal separate storm sewer system (MS4) by stormwater discharges by any user;
B.	To prohibit illicit connections and discharges to the storm sewer system, including MS4s;
C.	To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter.

For the purposes of this chapter, the following shall mean:

BEST MANAGEMENT PRACTICES (BMPS) — Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

CLEAN WATER ACT — The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

HAZARDOUS MATERIALS — Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

ILLEGAL DISCHARGE — Any direct or indirect non-stormwater discharges to the storm drain system, except as exempted in § 185-7 of this chapter.

ILLICIT CONNECTIONS — An illicit connection is defined as either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including but not limited to any conveyances which allow any non-stormwater discharge, including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

INDUSTRIAL ACTIVITY — Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26(b)(14).

LAND DEVELOPMENT ACTIVITY — Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

NON-STORMWATER DISCHARGE — Any discharge to the storm drain system that is not composed entirely of stormwater.

PERSON — Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.

POLLUTANT — Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnance, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

PREMISES — Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01 — A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.

SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02 — A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards.

STORM DRAINAGE SYSTEM — Publicly owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

STORMWATER — Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

STORMWATER MANAGEMENT OFFICER — An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP) — A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

WASTEWATER — Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

WATERCOURSE — A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the Stormwater Management Officer.

The municipality shall designate a Stormwater Management Officer who may (1) review plans, (2) engage the services of a registered professional engineer to review plans, specifications and related documents with the cost paid through an escrow, or (3) accept the certification of a licensed professional that plans/remediation conform to the requirements of this chapter.

The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

(1)	The following discharges are exempt from discharge prohibitions established by this chapter: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater-dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated), fire-fighting activities, and any other water source not containing pollutants.
(2)	Discharges specified in writing by the Stormwater Management Officer as being necessary to protect public health and safety.
(3)	Dye testing is an allowable discharge, but requires a verbal notification to the Stormwater Management Officer prior to the time of the test.
(4)	The prohibition shall not apply to any non-stormwater discharge permitted under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the New York State Department of Environmental Conservation (NYSDEC), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.

Prohibition of illicit connections.

(1)	The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.

This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the stormwater system (including MS4), or allows such a connection to continue.

Suspension due to illicit discharges in emergency situations. The Stormwater Management Officer may, without prior notice, suspend stormwater discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm system or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the storm system and MS4 or waters of the United States, or to minimize danger to persons.

Suspension due to the detection of illicit discharge. Any person discharging to the storm system and/or MS4 in violation of this chapter may have their access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its access. The violator may petition the authorized enforcement agency for a reconsideration and hearing. A person commits an offense if the person reinstates access to premises terminated pursuant to this section without the prior approval of the authorized enforcement agency.

Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to Stormwater Management Officer prior to the allowing of discharges to the storm system.

Applicability. This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.

Access to facilities.

(1)	The Stormwater Management Officer shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.
(2)	Facility operators shall allow the Stormwater Management Officer ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
(3)	The Stormwater Management Officer shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's stormwater discharge.
(4)	The Stormwater Management Officer has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5)	Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Stormwater Management Officer and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(6)	Unreasonable delays in allowing the Stormwater Management Officer access to a permitted facility is a violation of a stormwater discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
(7)	If the Stormwater Management Officer has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.

§ 185-11. Requirement to prevent, control and reduce stormwater pollutants by use of best management practices.

The Stormwater Management Officer will adopt requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and nonstructural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the SPDES permit.

Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or water of the U.S. said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Stormwater Management Officer within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

Whenever the Stormwater Management Officer finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:

(1)	The performance of monitoring, analyses, and reporting;
(2)	The elimination of illicit connections or discharges;
(3)	That violating discharges, practices, or operations shall cease and desist;
(4)	The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(5)	Payment of a fine to cover administrative and remediation costs; and
(6)	The implementation of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

Any person receiving a notice of violation may appeal the determination of the authorized enforcement agency. In the case of an enforcement action by the municipal Stormwater Management Officer, the appeal shall be submitted to the Justice Court. The notice of appeal must be received within 15 days from the date of the notice of violation. Hearing on the appeal before the appropriate authority or his/her designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final.

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within 15 days of the decision of the municipal authority upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.

Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 10 days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

Any person violating any of the provisions of this article shall become liable to the Town by reason of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the rate of 18% per annum shall be assessed on the balance beginning on the 30th day following discovery of the violation.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the municipality may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

Any person that has violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of $350 per violation per day and/or imprisonment for a period of time not to exceed 180 days. The municipality may recover all attorney's fees court costs and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.

The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the municipality to seek cumulative remedies.

This chapter shall take effect immediately upon its filing with the Secretary of State in Albany. All prior ordinances and parts of ordinances in conflict with this chapter are hereby repealed.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 3-20-1952. Amendments noted where applicable.]

It shall be unlawful for any person, association, partnership or corporation to engage in the business of buying or selling old metal within the Town of Woodbury, County of Orange, State of New York, which business is herein designated "junk business" and which person, association, partnership or corporation is herein designated "junk dealer," unless such junk dealer holds a license from the Supervisor of said town for the operation of such business as required by Article 6 of the General Business Law of the State of New York and by this chapter, and the pursuit or exercise of such business within said town without holding such a license is hereby prohibited.

The fee for such a license shall be the sum of $5, which license shall expire on June 30 of each year. The fee for a certified copy thereof shall be the sum of $1. Such fee or fees shall be paid to the Supervisor of said town for the use of said town prior to the issuance of any such license or a certified copy thereof.

Every applicant for such a license shall file with the Town Clerk an application in a form to be determined by the Town Board, and the applicant shall give such information, under oath, as the form of such application shall require. Licenses to be issued shall be in a form to be prescribed by the Town Board, and a record thereof shall be kept by the Town Clerk.

Every holder of such a license shall keep the same or a certified copy thereof exhibited in or on any vehicle used for the transportation of junk at all times while engaged in the business so licensed within the Town of Woodbury.

A license may be refused if the applicant therefor is unfit or undesirable to carry on or is incapable of properly conducting such business, and a license once issued may be revoked for similar cause so determined by the Town Board.

[Amended 6-16-1977 by L.L. No. 15-1977]

[HISTORY: Adopted by the Town Board of the Town of Woodbury 12-15-1977 by L.L. No. 18-1977. Amendments noted where applicable.]

Malicious mischief is the intentional infliction of damage to the tangible property of another person without honest claim of privilege.

The parent or legal guardian, other than the state or a local services department, having custody of an infant over 10 and less than 18 years of age shall, if such infant willfully, maliciously or unlawfully damages or destroys real or personal property owned or maintained by another, be guilty of a violation.

Liability under this chapter shall be strict, without regard to the mental state or culpability of said parent, legal guardian or custodian.

Any person found guilty under the provisions of this chapter shall be fined an amount equal to the fair value of the damage or destruction, but in no case more than $1,000.

For purposes of this section, "fair value of said damage or destruction" shall mean the lesser of:

(1)	The replacement cost of such damaged or destroyed real or personal property; or
(2)	The repair cost of such damaged or destroyed real or personal property.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 10-17-2005 by L.L. No. 6-2005. Editor's Note: This local law also repealed former Ch. 208, Noise, adopted 1-21-1999 by L.L. No. 1-1999. Amendments noted where applicable.]

GENERAL REFERENCES
Alarm systems — See Ch. 78.
Animals — See Ch. 85.
Malicious mischief — See Ch. 202.
Peddling and soliciting — See Ch. 234.

The Town Board finds that unreasonable noises, as that term is defined herein, degrade the environment of the Town to a degree which is harmful and detrimental to the public health, safety and welfare of its inhabitants. Such noises interfere with the comfortable enjoyment of life, property and recreation and with the conduct and operation of business and industry. No one has the right to create unreasonable noises, as defined herein. Effective control and elimination of unreasonable noises is essential to the furtherance of the public health, safety and welfare of the Town's inhabitants and to the conduct of the normal pursuits of life, recreation, commerce and industrial activity.

For the purpose of this chapter, the terms used herein are defined as follows:

AMBIENT NOISE — The all-encompassing noise associated with a given environment, being usually a composite of sounds.

AUTHORIZED EMERGENCY VEHICLE — Any ambulance or vehicle operated by a police department, chief or assistant police chief, fire department, fire patrol, chief or assistant fire chief when engaged in the performance of duty.

CONSTRUCTION — Any or all activity necessary or incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, public or private highways, roads, premises, parks, utility lines, including such lines in already constructed property, including land clearing grading, excavating and filling.

CONSTRUCTION DEVICE — Any device designed and intended for use in construction, including, but not limited to, any air compressor, pile driver, bulldozer, pneumatic hammer, steam shovel, derrick, crane, steam or electric hoist.

CONSTRUCTION MATERIAL — Any material, regardless of composition or design, and customarily used in construction, including, but not limited to, any rails, pillars, columns, beams, bricks, flooring, wall, ceiling or roofing material, gravel, sand, cement or asphalt.

DECIBEL — A standard unit of acoustic measurement having a zero-reference of 0.0002 microbar.

NOISE-RATING NUMBER — The criteria established in the noise rating curves of the International Standards Organization.

OCTAVE BAND — The range of sound frequencies divided into octaves in order to classify sound according to pitch.

PERSON — Any individual, partnership, company, corporation, association, firm, organization, government agency, administration or department, or any other group of individuals, or any officer or employee thereof.

PUBLIC RIGHT-OF-WAY — Any street, sidewalk or alley or similar place which is owned, controlled or leased by the Town.

PUBLIC SPACE — Any real property or structure thereon which is owned, controlled or leased by the Town.

SOUND — An oscillation in pressure, stress, particle displacement, particle velocity, etc., in a medium with internal forces, or the superposition of such propagated oscillation which evokes an auditory sensation.

SOUND LEVEL METER — An instrument, including a microphone, amplifier, an output meter, and frequency weighting networks for the measurement of noise and sound levels in a specific manner and which complies with standards established by the American National Standards Institute.

TOWN — The Town of Woodbury, Orange County, New York.

UNREASONABLE NOISE — Any noise which is defined in § 208-4 or § 208-5.

ZONING DISTRICT — A district established in accordance with Article III, § 310-3, of the Woodbury Code

It shall be unlawful for any person to make, continue, cause to be made or permit to be made any unreasonable noise within the Town of Woodbury. The determination as to the existence of unreasonable noise may be established by the specific acts considered to be unreasonable noise enumerated within § 208-4 or by the measurements exceeding the limitation set forth in § 208-5.

The use of any sound-reproduction device or musical instrument outside a structure either on private property or on a public right-of-way or public space at any time within the Town which, by causing noise, annoys or disturbs the quiet, comfort or repose of a reasonable person of normal sensitivities. This provision shall not be construed to prohibit public performances being conducted in accordance with the Parks Commission or special permit granted by the Town.

The use of any sound-reproduction device or musical instrument inside a structure in such a manner as to result in the sound or any part thereof from such apparatus to be projected therefrom outside of the structure or out-of-doors at any time whereby the sound can be audibly heard more than 100 feet from the real property boundary line from which the noise emanates which would annoy or disturb the quiet, comfort or repose of a reasonable person of normal sensitivities.

The use of any sound-reproduction device or musical instrument within 500 feet of any school, church, hospital, clinic or courthouse while the same is in session or conducting business therein so as to interfere with the functions of such activities.

The use of any automobile, motorcycle, trail bike, minibike, snowmobile, bus, vehicle, boat, truck, all-terrain vehicle, motor-driven equipment or motor-driven vehicle, or other type of water- or seagoing vessel in such a manner as to create noise which would annoy or disturb a reasonable person with normal sensitivities or if it injures or endangers the comfort, repose, health, hearing, peace or safety of another person.

The sounding of any horn or signal device on any automobile, motorcycle, bus, streetcar or other vehicle except as a warning signal pursuant to the provisions of § 15 of the Vehicle and Traffic Law of the State of New York, except by use of an authorized emergency vehicle.

No power braking, i.e., downshifting to reduce speed without using brakes resulting in unnecessary noise.

The keeping or maintaining of any animal or animals or bird which, by causing frequent or long-continued noise, including loud howling, barking, crying or whining, with or without the knowledge, consent, or fault of the owner of the animal or bird, shall disturb the comfort and repose of any person in the immediate vicinity, for a continuous period of 15 or more minutes or intermittent noise for a period of 45 minutes or more in a residential area.

Yelling, shouting, hooting, on or open to the public space or public right-of-way, that either annoys or disturbs a reasonable person with normal sensitivities or if it injures or endangers the comfort, repose, health, hearing, peace or safety of another person.

Construction activity:

(1)

Except as provided for in this section, no person shall engage in the erection, construction (including excavating), grading, dredging or pneumatic hammering, demolition, alteration or repair of any building or structure other than on weekdays between the hours of 7:00 a.m. and 6:00 p.m. or on Saturdays, Sundays or holidays between the hours of 10:00 a.m. and 4:00 p.m.

(2)

Any person desiring to engage in the aforesaid activity beyond the stated hours of limitation, based upon cases of urgent necessity or upon the interests of public health, safety and convenience, may apply to the Building Department for a special permit allowing such activity. The permits, if granted, shall be limited to a period of up to three days' duration but may be renewed for additional periods of up to three days each if the emergency or need continues.

Construction devices. No person shall operate or use or cause to be operated or used a construction device in such a way as to create an unreasonable noise as defined in § 208-5.

No person shall operate or use or cause to be operated any lawn maintenance device, including mowers, blowers, edgers, trimmers, chain saws and power-driven equipment, other than on weekdays between the hours of 7:00 a.m. and 7:00 p.m. or sunset, whichever occurs later, or Saturdays, Sundays and holidays between the hours of 10:00 a.m. and 7:00 p.m.

No person shall operate or use or cause to be operated any machinery, equipment, pump, fan, air-conditioning apparatus or similar mechanical device, lawn maintenance device, or construction device in such a way as to create an unreasonable noise as defined in § 208-5.

The subject noise must exceed ambient noise by five decibels or more in any octave band to be declared excessive or unreasonable. Ambient noise levels are herein described for the following zoning districts:

District	Noise Level 7:00 a.m. — 6:00 p.m.	Noise Level 6:00 p.m. — 7:00 a.m.
R-3A, R-2A, R-1A, R-0.25A, CR	65 dBA	55 dBA
LC, HB	75 dBA	65 dBA
IB, LIO, OP	80 dBA	70 dBA

Sound projecting from one zoning district into another zoning district having a lower noise-level limit shall not exceed the limits of the district into which it is projected.

When instrumentation cannot be placed at the emanating site, all noise measurements shall be made at the property line of the impacted site.

A.	Noise measurements shall be made with a sound-level meter and/or compatible octave band analyzer manufactured according to the specification of the American National Standards Institute, USA Standard Specification for General Purpose Sound Level Meters and Preferred Center Frequencies for Acoustical Measurements or any subsequent nationally adopted standard superseding the above standards.
B.	Except where impractical, sound measurements shall be made from the specific position of the complainant at the premises from which the noise complaints are received and shall be made at a height of at least three feet above the ground and three feet from the walls, barriers, obstructions or other sound-reflective surfaces. Where the nature of the noise permits, the slow response setting shall be used to obtain the noise level on the sound-level meter. The sound analysis curve shall be plotted in decibels upon the noise-rating chart, and the highest portion of the curve in any octave band above a noise-rating curve shall be the noise-rating number for the measurement. The average curve of several noise measurements may be used to plot the sound analysis curve.
C.	When detailed sound analysis measurement cannot be made, a measurement of the noise using the A scale of a standard sound-level meter may be made, and the noise-rating number shall be determined by this measurement minus eight decibels.

Anyone who believes this chapter has been violated may contact the Code Enforcement Office, the Woodbury Police Department or any other official designated by the Town Board to institute an appropriate action in the Woodbury Justice Court for the enforcement of this chapter and to request appropriate penalties for any alleged violation of the same.

Any person violating any provision of this chapter shall be deemed guilty of an offense and, upon conviction thereof, shall be fined not less than $50 nor more than $500 for each first offense. Repeated violations shall be fined not less than $100 nor more than $5,000, or may be imprisoned for not more than 30 days, or both, for each subsequent offense.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 8-20-1987 by L.L. No. 11-1987. Amendments noted where applicable.]

GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 36.
Park and Recreation Commission — See Ch. 54.
Parks — See Ch. 230.
Subdivision of land — See Ch. 272.
Zoning — See Ch. 310.

The Town Board does find it necessary to provide a method of administration for open space required as a condition of subdivision, cluster or planned unit development approval whereby such open space is maintained and administered in a fashion consistent with its purpose: for the preservation in its natural state so as to provide relief from a developed look and to buffer developments from roads, buildings and other required infrastructures within a development and for the general enhancement of the Town of Woodbury.

The purpose of this chapter is to establish a procedure whereby the residents of such subdivision, cluster or planned unit development will contribute to the cost of the taxes, maintenance and upkeep of the green area within the development.

For the purpose of this chapter, the terms used herein are defined as follows:

CLUSTER DEVELOPMENT — A grouping of single-family detached, semidetached or attached residences on lot sizes less than required by the Woodbury Zoning Law Editor's Note: See Chapter 310, Zoning. as authorized by the Town Board pursuant to the Town Law, § 281.

DEVELOPER — The owner or owners of real property comprising the entire area of a subdivision, cluster or planned unit development which is the subject of an open space requirement.

EMERGENCY ACCESS — A secondary road to be used only by police, fire and ambulance vehicles in an emergency situation where the road giving access to the development has been blocked thus impeding vehicular traffic.

HOMEOWNERS' ASSOCIATION — A not-for-profit or membership corporation formed under the authority of the New York State Not-For-Profit Corporation Law, as the same may be amended, for the purposes, among other things, of maintaining and administering open space.

OPEN SPACE — Any land required to be left undeveloped in its natural state for residential purpose as a precondition of approval of a proposed subdivision, cluster or a planned unit development.

PERSON — Any person, firm, corporation, association or legal representative acting individually or jointly, including any transportation corporation.

PLANNED UNIT DEVELOPMENT — A grouping of residential dwelling units, combined with and serviced by compatible commercial service establishments, constructed as a unified project in accordance with an overall development plan approved by the Town Board.

PLANNING BOARD — The Planning Board of the Town of Woodbury.

TOWN BOARD — The duly elected Town Board of the Town of Woodbury.

If the Town Board or the Planning Board shall require open space as a precondition of subdivision, cluster or planned unit development approval, the developer shall, prior to final approval of such development, petition the Town Board pursuant to the applicable provisions of the Town Law, to form a park district, the boundaries of which shall be coterminous with the area of the entire subdivision, cluster or planned unit development to be approved.

Prior to final approval of any subdivision, cluster or planned unit development which is the subject of an open space requirement, the developer shall irrevocably offer to the Town of Woodbury good and marketable fee title to the open space. Such offer shall be in a form acceptable to the Town Attorney and Town Board and shall be in a form sufficient for recording.

Such offer shall contain a covenant that the developer, his heirs, successors or assigns shall forever refrain from developing, constructing upon or physically altering such open space which shall be maintained forever in its natural state. The Town of Woodbury shall be deemed the beneficiary of such covenant along with the residents of the subdivision, cluster or planned unit development affected.

Nothing herein shall be deemed to prevent conveyance of such open space by the developer, but all such conveyances, including those to a homeowners' association, shall be subject to the offer of dedication and restrictive covenants required hereby.

The developer or his successor shall convey the open space to the homeowners' association required to be established by this chapter but not until 75% of the dwelling units proposed to be built in said subdivision, cluster or planned unit development are occupied or a period of five years has elapsed from the time the first such dwelling unit was occupied, whichever event shall first occur. Any such conveyance to the homeowners' association shall be at no cost to the association.

Prior to final approval of any subdivision, cluster or planned unit development which is the subject of an open space requirement, the developer shall form a homeowners' association. Such corporation need not be designed exclusively to administer open space, but its certificate of incorporation and/or bylaws shall contain at least the following provisions:

(1)	All owners, unit owners, lessees or tenants of any dwelling units in such subdivision, cluster or planned unit development shall automatically become members of the homeowners' association upon becoming vested with their legal interest in such units, notwithstanding that such interest may be in common or jointly held with others.
(2)	The developer or his successor shall be a member until the open space is conveyed to the homeowners' association as required by this chapter.
(3)	The homeowners' association shall have the primary duty of controlling and maintaining the open space and any emergency right-of-way.
(4)	In voting for directors, each member shall have one vote, except that, until the developer conveys the open space as required by this chapter, he shall have 11/2 votes for every member's vote in such election.
(5)	The Board of Directors shall consist of five directors, the terms of which shall be three years.
(6)	The terms of the first-elected directors shall be staggered so that one such director shall have a term of one year; two for a term of two years; and two for a term of three years. All subsequent elections for directors shall be for a term of three years.
(7)	The books and records of the homeowners' association shall be subject to visitation without prior notice by the Town Board or anyone designated by the Town Board for that purpose.
(8)	The directors shall render to every member and, if requested, to the Town Board an annual accounting of receipts and expenditures, prepared in accordance with generally acceptable accounting principles.
(9)	The first election for directors shall take place not earlier than nine months after the first dwelling unit in the affected subdivision, cluster or planned unit development is occupied. Until such election, the developer shall, upon formation of the corporation, nominate three directors who shall act as a Board of Directors.
(10)	The primary, but not sole, function of the homeowners' association will be the administration, maintenance and control of the open space and any emergency right-of-way located thereon.

The Town Attorney shall review and be satisfied with the terms of all proposed certificates of incorporation and bylaws for such homeowners' association prior to final approval of the affected subdivision, cluster or planned unit development. Such review shall be for the purpose of seeing that the certificate of incorporation and the bylaws conform with the provisions of this chapter.

Upon sale or lease of any dwelling or unit, the developer shall inform the owner, unit owner, tenant or lessee of the existence of such homeowners' association and shall provide him, without cost, a copy of the certificate of incorporation, bylaws and the names and addresses of the directors and officers of such association.

No structure or building shall be constructed, stream or water body altered or other major physical or topographical alteration undertaken within the green belt areas.

If, in the opinion of the Town Board, the homeowners' association defaults under its contract with the town and does not control, maintain or administer the open space, the town shall adopt one or all of the following procedures:

A.	Accept the offer of dedication and go into actual control and possession of the open space.
B.	Correct any specific defect or perform any specific task necessary for proper maintenance and control of said open space and charge the cost thereof to the park district as a district tax for the next ensuing year.

A.	It shall be unlawful for any person who is not a resident of the park district in which such open space is located to use such open space in any manner.
B.	It shall be unlawful for any person whether a resident or nonresident to destroy foliage, to improperly cut trees or to construct or locate any structure including a deck, toolshed, etc., in the open space.
C.	Any violation of this restriction shall be deemed to be a trespass in the third degree and shall be punishable by a fine not exceeding $250 or imprisonment for a term not to exceed 15 days, or both, for each such violation.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 6-2-1977 by L.L. No. 4-1977. Amendments noted where applicable.]

Whenever used in this chapter, unless a different meaning clearly appears from the context or unless a different meaning is stated in a definition applicable to only a portion of this chapter, the following terms shall have the meanings indicated:

MOTORCADE — An organized procession containing 10 or more vehicles, except funeral processions, upon any public street or sidewalk.

PARADE — Any march or procession consisting of 10 people, animals or vehicles, or combination thereof, except funeral processions, upon any public street or sidewalk, which does not comply with normal and usual traffic regulations or controls.

PERSON — Any individual, firm, copartnership, association or corporation other than the town and a public corporation.

TOWN — The Town of Woodbury.

A.	It shall be unlawful for any person to conduct a parade or motorcade in or upon any public street or sidewalk in the town or to knowingly participate in any such parade or motorcade unless and until a permit to conduct such parade or motorcade has been obtained from the Chief of Police or, as hereinafter provided, from the Town Board.
B.	No permit shall be issued authorizing the conduct of a parade or motorcade which the Chief of Police finds is proposed to be held for the sole purpose of advertising any product, goods, wares, merchandise or event and is designed to be held purely for private profit.
C.	No person shall knowingly join or participate in any parade or motorcade conducted under permit from the Chief of Police in violation of any of the terms of said permit nor knowingly join or participate in any permitted parade or motorcade without the consent and over the objection of the permittee nor in any manner interfere with its progress or orderly conduct.

Any person who wants to conduct a parade or motorcade shall apply to the Chief of Police for a permit at least 30 days in advance of the date of the proposed parade or motorcade. The Chief of Police may, in his discretion, consider any application for a permit to conduct a parade or motorcade which is filed less than 30 days prior to the date such parade or motorcade is to be conducted. The application for such permit shall be made in writing on a form approved by the Chief of Police. In order that adequate arrangements may be made for the proper policing of the parade or motorcade, the application shall contain the following information:

A.	The name of the applicant, the sponsoring organization, the parade or motorcade chairman and the addresses and telephone numbers of each.
B.	The purpose of the parade or motorcade, the date when it is proposed to be conducted, the location of the assembly area, the location of the disbanding area, the route to be traveled and the approximate time when the parade or motorcade will assemble, start and terminate.
C.	A description of the individual floats, marching units, vehicles and bands, including a description of any sound amplification equipment to be used.
D.	Such other information as the Chief of Police may deem reasonably necessary.

The Chief of Police shall issue a parade or motorcade permit conditioned upon the applicant's written agreement to comply with the terms of such permit unless the Chief of Police finds that:

A.	The time, route and size of the parade or motorcade will disrupt to an unreasonable extent the movement of other traffic.
B.	The parade or motorcade is of a size or nature that requires the diversion of so great a number of police officers of the town to properly police the line of movement and the areas contiguous thereto that allowing the parade or motorcade would deny reasonable police protection to the town.
C.	Such parade or motorcade will interfere with another parade or motorcade for which a permit has been issued.
D.	The Chief of Police makes any finding contrary to the findings required to be made for the issuance of a permit.
E.	The information contained in the application is found to be false or nonexistent in any material detail.
F.	The applicant refuses to agree to abide by or comply with all conditions of the permit.

The Chief of Police, in issuing a permit for a parade or motorcade, shall specify the following:

A.	The assembly area and time therefor.
B.	The starting time.
C.	The minimum and maximum speeds.
D.	The route of the parade or motorcade.
E.	What portions of streets to be traversed may be occupied by such parade or motorcade.
F.	The maximum number of platoons or units and the maximum and minimum intervals of space to be maintained between the units of such parade or motorcade.
G.	The maximum length of such parade or motorcade in miles or fractions thereof.
H.	The disbanding area and disbanding time.
I.	The number of persons required to monitor the parade or motorcade.
J.	The number and type of vehicles, if any.
K.	The material and maximum size of any sign, banner, placard or carrying device therefor.
L.	That the materials used in the construction of floats used in any parade shall be of fire-retardant materials and shall be subject to such requirements concerning fire safety as may be determined by the Woodbury Fire Commissioners.
M.	That the permittee shall advise all participants in the parade or motorcade, either orally or by written notice, of the terms and conditions of the permit prior to the commencement of such parade or motorcade.
N.	That the amplification of sound permitted to be emitted from sound trucks or bullhorns shall be fixed and not variable.
O.	That the parade or motorcade shall continue to move at a fixed rate of speed and that any willful delay or willful stopping of said parade or motorcade, except when reasonably required for the safe and orderly conduct of the parade or motorcade, shall constitute a violation of the permit.
P.	Such other requirements as are found by the Chief of Police to be reasonably necessary for the protection of persons or property.

Upon a denial by the Chief of Police of an application, the applicant may appeal from the determination of the Chief of Police within five days thereafter to the Town Board by filing a written notice of appeal for hearing by the Town Board at its next regular meeting. Upon such appeal, the Town Board may reverse, affirm or modify in any regard the determination of the Chief of Police.

Simultaneously upon the granting of a permit for a parade or motorcade, the Chief of Police shall notify the following officials of the town by forwarding a copy of the permit to them:

A.	The Supervisor.
B.	The Superintendent of Highways.
C.	The Board of Fire Commissioners.

Any permit for a parade or motorcade issued pursuant to this chapter may be summarily revoked by the Chief of Police at any time when, by reason of disaster, public calamity, riot or other emergency, the Chief of Police determines that the safety of the public or property requires such revocation. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by certified mail.

A.	A violation of this chapter shall constitute a traffic infraction, and any person violating this chapter shall be liable to a fine of not more than $250 or to imprisonment for not more than 15 days, or both, for each such violation.
B.	A violation of this chapter shall also be considered a violation of the Penal Law, § 240.20, and any person violating this chapter shall also be liable to a fine of $250 or to imprisonment for not more than 15 days, or both, for each such violation.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 5-5-1988 by L.L. No. 8-1988. Amendments noted where applicable.]

There exist in the Town of Woodbury shopping centers which provide for handicapped parking and no parking within certain designated fire lanes and within 15 feet of a fire hydrant. It has become increasingly apparent to the owners of these shopping centers that it is difficult if not impossible to control the no-parking within areas designated as fire lanes, 15 feet of a fire hydrant or handicapped parking. Where the owner of a shopping center makes a formal request pursuant to the Vehicle and Traffic Law § 1660-a, then appropriate legislation should have been adopted by the Town Board to provide for regulations prohibiting parking in fire lanes, within 15 feet of a fire hydrant and within handicapped parking. Also, the Town Board wishes to provide for parking regulations in other areas of the town.

A.	It shall be a violation for any person to stop, stand or park a vehicle in an area designated as a fire lane or within 15 feet of a fire hydrant within a shopping center within the Town of Woodbury.
B.	It shall be a violation for any person to stop, stand or park a vehicle in an area designated as a place for handicapped parking within any shopping center within the Town of Woodbury unless the vehicle bears a permit issued under the Vehicle and Traffic Law § 1203-c or a registration issued under the Vehicle and Traffic Law § 404-a.
C.	It shall be a violation for any person to stop, stand or park a vehicle on either side of Smith Clove Road from Pine Hill Road to a point on the westerly side of the Central Valley Golf Course, which parcel is more familiarly referred to as "Filer's Pond." [Added 5-18-1989 by L.L. No. 2-1989]
D.	It shall be a violation for any person to stop, stand or park a vehicle on either side of Timber Trail from Oak Drive to the turnaround at the end of Cedar Court. [Added 8-3-1989 by L.L. No. 8-1989]
E.	It shall be a violation for any person to stop, stand or park a vehicle on either side of Dunderberg Road from Oakland Avenue to the Monroe-Woodbury School District Parking Lot on the south side of the Central Valley Little League Field. [Added 4-2-1992 by L.L. No. 3-1992]
F.	It shall be a violation for any person to park, stop or stand a vehicle on the north or south side of Smith Clove Road (County Route 9) from the Conrail Railroad Bridge on the west to the New York State Thruway overpass on the east. [Added 9-21-1995 by L.L. No. 11-1995]
G.	It shall be a violation for any person or corporation to park a commercial vehicle weighing in excess of 14,500 pounds or exceeding 25 feet in length in any residential district or commercial residential district unless such vehicle is maintained in a garage. [Added 6-4-1998 by L.L. No. 7-1998]

[Added 5-15-1997 by L.L. No. 3-1997]

The following parking regulations are established for the northern municipal parking lot of the Senior Citizen/Library building:

A.	The south side of the municipal parking lot closest to the Senior Citizen/Library building is hereby established for handicapped parking unless otherwise marked as a five-hour parking area.
B.	The two center parking areas of the municipal parking lot are hereby established as five-hour parking areas. Senior citizens shall be issued parking permits by the Director of the Senior Citizen Center which shall permit senior citizens to park for longer periods of time where different functions require extended periods of parking.
C.	The most northern portion of the municipal parking lot is hereby established as a twelve-hour parking area.
D.	Where in the opinion of the Town Board a particular event requires parking of vehicles for a longer period than 12 hours, then, upon application to the Town Board, a particular individual or group of individuals may be permitted to park their vehicles for a longer period of time but in no event longer than a twenty-four-hour period. However, in the event of an emergency the Town Board may permit parking for prolonged periods of time.

The Woodbury Police Department shall not enforce the parking regulations within a shopping center unless and until the Town Board of the Town of Woodbury has received a formal request pursuant to the Vehicle and Traffic Law of the State of New York.

[Amended 8-3-1995 by L.L. No. 10-1995; 5-15-1997 by L.L. No. 3-1997]

Except as otherwise provided by the Vehicle and Traffic Law, any person who violates §§ 227-2 or 227-3 of this chapter shall be subject to a fine of not more than $100 for the first offense and not more than $150 for the second offense occurring within a period of two years within the Town of Woodbury.

[Amended 8-3-1995 by L.L. No. 10-1995]

Except as provided in § 227-2, it shall be a violation for any person to stop, stand or park a vehicle in any area within the Town of Woodbury designated as "no parking," "no standing" or "restricted parking" or within 15 feet of a fire hydrant.

[Amended 8-3-1995 by L.L. No. 10-1995]

Except as otherwise provided by the Vehicle and Traffic Law and § 227-5, any person who violates this chapter shall be subject to a fine of $25 for the first offense and $50 for the second offense occurring within a period of two years within the Town of Woodbury.

[Added 3-18-2004 by L.L. No. 1-2004]

A.	It shall be a violation of this section to stop, stand or park a vehicle in or about the Gatehouse property unless the driver is actively engaged in an activity authorized to take place at the Gatehouse by the Town of Woodbury or its duly empowered agent(s).
B.	Any person who parks his/her vehicle in violation of this section is subject to having his/her vehicle ticketed and towed at his/her sole cost and expense. Any person convicted of having violated this section is subject to a fine of up to $100 for the first offense and $250 for a second offense occurring within a two-year period.

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

[Amended 6-16-1977 by L.L. No. 13-1977]

No person shall be admitted to the use of any parks who shall not have applied in writing for and received a permit for the use thereof signed by either a member of the Park and Recreation Commission of said Town or by the Recreational Director appointed by the Commission, the form of which applications and permits shall be determined and supplied by the Commission. Such application may be filed with either the Recreational Director, the Town Clerk or with such member of the Commission at such time and place as the Commission shall from time to time determine.

[Amended 3-18-1971]

As required by the terms of the grant of the parkland to the town, the use of the park shall be limited to residents of the Town of Woodbury. The Park and Recreation Commission, by regulation, may also admit nonpaying houseguests of Woodbury residents on such terms as the Commission may see fit.

[Amended 6-16-1977 by L.L. No. 13-1977]

The Park and Recreation Commission of the Town shall have the power to make any other rules and regulations with respect to the use of any parks of the Town and in particular instances, in its discretion, to vary and create exceptions to the terms of this article.

[Added 6-19-1980 by L.L. No. 7-1980]

All glass containers are hereby prohibited from being brought into any parks or recreation areas of the Town of Woodbury without prior approval from the Park and Recreation Commission. A violation of this section shall be punishable by a penalty as hereinafter provided.

[Added 6-19-1980 by L.L. No. 7-1980]

No person shall cut or remove any live or dead trees from any Town parks or recreation areas without the prior written approval of the Town Board and/or the Park and Recreation Commission.

[Added 9-17-1981 by L.L. No. 10-1981]

Any person who knowingly enters or remains unlawfully in or upon any Town park or recreation area maintained by the Park and Recreation Commission shall be guilty of a trespass.

[Added 3-5-1987 by L.L. No. 2-1987]

No person shall hunt or carry a loaded firearm within any of the parks of the Town of Woodbury. Furthermore, no person shall swim within the town's facilities prior to or after the officially designated summer season or at any time during the summer season without the approval of the Woodbury Parks Commission. Also, no land vehicles, including mopeds, tripeds, quads, snowmobiles or any other such vehicles, shall be permitted within any of the parks of the Town of Woodbury.

Animals. [Added 7-16-1987 by L.L. No. 9-1987]

(1)	Residents may walk their animals, while leashed, at Earl Reservoir Park up Coach Wilson Drive, in the parking lot and over the lower bridge or the dam before 9:00 a.m. or after 7:00 p.m. between Memorial Day and Labor Day. Residents may walk their animals, while leashed, at Earl Reservoir Park up Coach Wilson Drive, in the parking lot and over the lower bridge or the dam at any time between Labor Day and Memorial Day. No dogs, cats, horses or any other animals are permitted within the ball fields, tennis courts, roller rink, beach or playground area at Earl Reservoir Park at any time of the year. [Amended 6-20-2002 by L.L. No. 3-2002; 7-18-2002 by L.L. No. 7-2002; 9-26-2002 by L.L. No. 8-2002]
(2)	All dogs, cats, horses and any other animals are hereby prohibited within any of the other parks within the Town of Woodbury.
(3)	The feeding of geese at any Town park at any time is prohibited. A fine of up to $250 shall be imposed for each violation. [Added 7-18-2002 by L.L. No. 6-2002]

[Added 6-18-1987 by L.L. No. 8-1987]

The maximum speed allowed within any of the Town parks shall be 15 miles per hour. The Park and Recreation Commission shall immediately, upon adoption of this section, post the various roads throughout the parks indicating said maximum speed.

[Amended 6-16-1977 by L.L. No. 15-1977]

It is the intention of this article to promote the general welfare of the people of the Town of Woodbury by providing enforcement provisions and penalties for the enforcement of the rules and regulations adopted by the Town of Woodbury Park and Recreation Commission.

The Town of Woodbury Park and Recreation Commission has adopted rules and regulations for the operation of the parks and recreation areas within the Town of Woodbury which require a legislative enactment of the enforcement provisions of those rules and regulations.

[Amended 6-16-1977 by L.L. No. 15-1977]

No person shall smoke within the boundaries of the Woodbury Town Parks except in areas designated for smoking by the Town of Woodbury Parks and Recreation Commission. Areas within the Town Parks which are smoking areas will be clearly delineated as designated smoking areas.

Any person violating this provision of this article shall upon a first offense be given a warning with instruction to use the designated smoking area. A notation of the fact that the individual was given a warning will be made by park personnel and will be kept at the Parks and Recreation Office. Should the same individual commit a second violation of this provision, they will be required to leave the Park for the remainder that day. Further notation will be made in the Parks and Recreation Office. In the event that the same individual commits a third violation of this section, he or she will lose his or her individual park pass privileges for the balance of the calendar year. An individual found to have been in violation of this article for the third time may request a hearing from the Park and Recreation Commission upon written request to the Commission, after which a hearing date will be scheduled within 10 business days.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 2-17-2005 by L.L. No. 3-2005. Editor's Note: This local law also repealed former Ch. 234, Peddling and Soliciting, adopted 5-19-1983 by L.L. No. 1-1983, as amended. Amendments noted where applicable.]

As used in this chapter, the following terms shall have the meanings indicated:

OFFICER IN CHARGE — The officer in charge of the Town of Woodbury Police Department is authorized by the Chief of Police to perform the acts of the Chief of Police for the purposes of this chapter.

PEDDLER, HUCKSTER, HAWKER, VENDOR AND SOLICITOR — Includes, unless otherwise herein provided, any person who engages in merchandising any goods, wares, commodities, books, periodicals or services or solicits contributions of goods or moneys by going from house to house, place of business to place of business or in any public street or public place or by temporarily occupying a room, building or other premises therefor.

PERSON — Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.

TEMPORARY OCCUPANCY — A store, room, building, tent, enclosure, parking lot or structure of any kind intended to be used or occupied for the period of time necessary to peddle, vend or solicit the merchandise sold therein. In all prosecutions for the violation of this chapter, the intent of the defendant to conduct an established place of business shall be a material fact, and the burden of proving such intent shall be upon the defendant in such prosecution.

It shall be unlawful for any person within the territorial limits of the Town of Woodbury to act as a peddler, huckster, hawker, vendor or solicitor as herein defined without first having obtained and paid for and having in force and effect a license therefor.

The provision of § 234-2 shall not apply to:

(1)	An honorably discharged soldier, sailor or marine who is crippled as a result of injuries received while in the naval or military service of the United States.
(2)	A wholesaler selling articles to dealers or merchants who have an established place of business within the Town.
(3)	A truck gardener or farmer who, himself or through his employees, sells products of his own farm or garden located within the Town of Woodbury.
(4)	A child regularly attending any public or private school within the County of Orange or a representative of any church maintaining a place of worship within the Town of Woodbury or a member of a veterans' organization, provided that such organization maintains a chapter, post, lodge, camp or other group within the Town of Woodbury, or a member of a fraternal organization, any firemanic organization or a civic group, provided that such fraternal organization, firemanic organization or civic group maintains a chapter or local organization within the Town of Woodbury. It is further provided that any person within the provisions of this exemption shall hawk, peddle or solicit only as part of an authorized activity of the organization of which he is a member or of the school or church which he attends, and is further provided that no person exempted by this subsection receives any compensation for any such activity here exempted.

All persons and organizations soliciting funds solely for charitable or other purposes who are exempted from the license requirements under this chapter shall be required, prior to soliciting, to file with the Town Clerk a list identifying all persons soliciting funds within the town; which list shall contain at least the name and the address of the person soliciting, the area to be solicited and the date or dates of such solicitation.

This chapter shall apply to veterans and their widows holding licenses issued by the County Clerk of Orange County or otherwise under § 32 of the General Business Law of the State of New York, who are hereby prohibited from violating any of the provisions of this chapter and are required to obtain a local license from the Town of Woodbury as herein provided.

Every applicant for a license shall submit to the Town Clerk a written verified application, setting forth the following information:

A.	Name, age and address of the applicant.
B.	Permanent home residence and the address of his current place of sojourn if different from his home address.
C.	Name and address of all entities whose products he intends to sell or for which he intends to solicit orders.
D.	That he has never been convicted of a felony or misdemeanor or, if so, giving the details.
E.	A detailed statement of the particular business, trade or occupation for which the license is requested.
F.	All municipalities (name and state) in which the applicant has carried on the business of peddling, huckstering, hawking, vending or soliciting orders during the six months immediately preceding the application.
G.	A statement of the name, address and telephone number of any person and of any corporation supervising the applicant's local selling activities under a contractual or employment arrangement.
H.	The number and kind of vehicles, if any, to be used by the applicant in carrying on the business for which the license is requested.
I.	The kinds of goods, wares and merchandise he desires to sell or the kind of service he desires to render.
J.	Copies of all forms of order and of receipt used by the applicant in soliciting sales or orders.
K.	The names and addresses of all partners, if a partnership, and the names and addresses of the principal officers, if a corporation.
L.	The name and address of a person upon whom a legal notice or process may be served.
M.	Appended to the application, a letter of authorization from each entity supplying any property or services to be sold or for which orders are to be solicited by the applicant.
N.	If the applicant is a nonprofit corporation of the State of New York, a certified copy of its certificate of incorporation, together with any amendments or supplements thereto, and a copy of the letter from the federal government declaring such organization to be exempt.
O.	The applicant will voluntarily submit to fingerprinting for the purpose of positive identification. Upon completion of this process, the fingerprint card(s) will be returned to the applicant.
P.	Such other information as may be required by the Town Clerk.

When the application is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the Town Clerk, and the Town Clerk shall refer the original to the Chief of Police or officer in charge, who shall make or cause to be made, within five days, an investigation of the applicant.

If, as a result of such an investigation, the applicant is found to be unsatisfactory, the Chief of Police or officer in charge shall endorse on such application his disapproval and his reasons therefor and shall return said application to the Town Clerk. Any determination by the Chief of Police or officer in charge that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:

(1)	The applicant is wanted by a law enforcement authority.
(2)	Prior violation of a peddling or soliciting ordinance or law in the Town of Woodbury.
(3)	The applicant has a suspended or revoked driver's license or his driving privileges are suspended or revoked.
(4)	The applicant is a New York State Level 3 sex offender.
(5)	Any further investigation deemed necessary by the Chief of Police or officer in charge.

In the absence of any such finding, the Chief of Police or officer in charge shall find the application satisfactory, shall endorse his approval on the application and shall return the application to the Town Clerk.

A.	If an application is found unsatisfactory by the Chief of Police or officer in charge and he has endorsed his disapproval upon the application, the Town Clerk shall notify the applicant by certified mail that the application is disapproved and shall deny the applicant a license.
B.	Upon receipt of the fee, application, report of the Chief of Police's or officer in charge's investigation and upon compliance with all the requirements of this chapter, the Town Clerk shall issue a license to the applicant, specifying the particular business authorized. This license shall be nontransferable. It shall be in the continuous possession of the licensee while engaged in the business licensed. The license shall be produced upon the demand of any police or law enforcement officer and shall be exhibited to each prospective buyer or person solicited before making any offer or solicitation.
C.	Where an organization has several agents peddling, huckstering, hawking, vending, soliciting or distributing merchandise or printed material, each agent shall be registered separately, and each shall pay the appropriate fee. Upon the expiration of a license, a new license will be issued upon compliance with all the provisions of this chapter and the payment of fees, except that the investigation and waiting period therefor may be waived if approved by the Town Clerk and Chief of Police or officer in charge.

The license fee to peddlers, hucksters, hawkers, vendors or solicitors shall be $100, which permit shall be in effect for 60 days and may be renewed for an additional sixty-day period upon payment of an additional fee of $100. The licensing fee for a permit of 60 days or more shall be $400 and shall expire on December 31 of the year in which it is obtained.

A licensed peddler, huckster, hawker, vendor or solicitor shall:

(1)	Not falsely or fraudulently misrepresent the quantity or quality of any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
(2)	Keep the vehicles and receptacles used by him in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
(3)	Not peddle, huckster, hawk, vend or solicit before 9:00 a.m. or after 8:00 p.m.
(4)	Not sell any confectionery or ice cream within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
(5)	Not permit any vehicle used by him to stop or remain on any crosswalk.
(6)	Not create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
(7)	Not blow a horn, ring a bell or use any other noisy device to attract public attention to his wares or shout or cry out his wares. This restriction on devices to attract public attention shall also include strings of lights, music and any other device to attract public attention to the peddler's wares; it being the intention of these restrictions to prevent the creation of a circus effect. However, this restriction shall not apply to an ice cream vendor who attracts attention to his wares by ringing a bell, so long as it is done during the specified times of 9:00 a.m. to 8:00 p.m.
(8)	Not stand, peddle, huckster, hawk, vend, solicit or solicit funds on the premises of any business establishment, shopping center or mall without the written consent of the owner or individual agency or organization responsible for the management and/or operation of the same.
(9)	Not willfully misstate any fact about any article offered for sale.
(10)	Not enter upon any residential premises clearly displaying a sign with letters at least one inch in height reading "Peddlers and Solicitors Prohibited."

No license may be issued to any person under 18 years of age.

No peddler, huckster, hawker, vendor or solicitor shall sell or offer for sale any foods, goods, wares, merchandise or services within the 250 feet of any New York State or Orange County highway within the Town of Woodbury.

All persons who peddle, huckster, hawk or sell within the Town of Woodbury, whether they are required to secure a permit or are exempt because they are a handicapped veteran, shall be required to maintain and clean up an area within a radius of 100 feet from where they sell merchandise. Such cleanup shall be done immediately after the peddler, huckster or hawker has completed operations at the end of each day.

No signs shall be permitted advertising the sale of such products or merchandise unless such signs are securely attached to the property where such merchandise is sold.

All peddlers, hucksters, hawkers, vendors or solicitors must have written permission from property owners to sell or offer for sale any foods, goods, wares, merchandise or services on private property prior to the issuance of the peddler's permit. The property owner shall be required to sign an agreement that within one week of the expiration of the peddler's permit or after the peddler ceases operations, the property owner will be responsible for cleaning the property.

There shall be no peddling, huckstering, hawking, vending or soliciting within state, county or Town rights-of-way.

No peddler shall be permitted to peddle any merchandise closer than 1,000 feet to any local business selling a similar product.

Any person aggrieved by the action of the Chief of Police or officer in charge or of the Town Clerk in the denial of a license, as provided in § 234-7 of this chapter, shall have the right of appeal to the Town Board. Such appeal shall be taken by filing with the Board, within 14 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given in the same manner as provided in § 234-12 of this chapter for notice of hearing on revocation. The decision of the Town Board on such appeal shall be final and conclusive.

Whenever the Town Clerk shall have probable cause to believe that any person to whom a license has been issued under this chapter has violated any of the provisions of this chapter or that any promoter, agent or solicitor of a permit holder has misrepresented the purpose of the solicitation, the Town Clerk shall immediately suspend the license temporarily and give the license holder written notice by certified mail of a hearing to be held within two days of such temporary suspension to determine whether or not the license should be suspended. This notice must contain a statement of the facts upon which the Town Clerk has acted in suspending the license. If, after such hearing, the Town Clerk finds that the chapter has been violated and the purpose of the solicitation has been misrepresented, he or she shall, within two days after the hearing, suspend the license and give the applicant written notice of the suspension and the reasons therefor. Such suspension shall be appealable to the Town Board in the manner set forth in § 234-10 of this chapter, except that the Town Clerk shall bear the burden of proof. Any conviction of the license holder, its employees, agents or representatives of a violation of any provision of this chapter shall be prima facie grounds for suspension.

Licenses issued under the provisions of this chapter may be revoked by the Town Board after notice and hearing for any of the following causes:

(1)	Fraud, misrepresentation or a materially incorrect statement contained in the application for a license.
(2)	Fraud, misrepresentation or a materially incorrect statement made in the course of carrying on the business of peddler, huckster, hawker, vendor and solicitor.
(3)	Any violation of this chapter.
(4)	Conviction of any crime, misdemeanor or violation.
(5)	Conducting the business of peddler, huckster, hawker, vendor or solicitor in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

A notice of the hearing for the revocation of a license shall be given by the Town Clerk, in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the holder of the license at the address given on the application at least five days prior to the date set for the hearing or shall be delivered by an agent of the Town in the same manner as a summons at least three days prior to the date set for the hearing.

It shall be the duty of the Town Clerk to keep a record of all applications and of all licenses granted under the provisions of this chapter, giving the number and date of each license, the name and residence of the person licensed, the amount of the license fee paid and also the date of revocation of all licenses revoked.

This chapter is enforceable by the Town of Woodbury Police or any code enforcement officer.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 1-16-1997 by L.L. No. 1-1997. Amendments noted where applicable.]

GENERAL REFERENCES
Building construction — See Ch. 96.
Signs — See Ch. 256.
Private street maintenance — See Ch. 269, Art. III.
Street, curb and sidewalk specifications — See Ch. 269, Art. V.

The purpose of this chapter is to provide basic and uniform property and maintenance standards governing the condition and maintenance of all residential, commercial and industrial units, including but not limited to vacant lots, offices, places of public assembly, shopping centers, supermarkets, retail stores, warehouses, manufacturing and fabrication plants, gasoline stations and other business uses. The chapter shall be known as the "Property Maintenance Code of the Town of Woodbury."

As used in this chapter, the following terms shall have the meanings indicated:

BUILDING — A structure wholly or partially enclosed within exterior walls or within exterior or party walls and a roof affording shelter to persons, animals or property.

COURT — An open and unoccupied space on a lot which is enclosed on at least three sides by walls of a building.

DEBRIS — Garbage, litter, automotive parts, leaves, twigs, branches, logs, stumps, yard clippings and any other solid waste. [Amended 1-20-2005 by L.L. No. 1-2005]

FACADE — The face or front of a building.

INFESTATION — The presence of insects, rodents, vermin or other pests.

JUNKED VEHICLE — Any vehicle, including a trailer, which is without a currently valid license plate or plates and which is dismantled, partly dismantled, inoperative or in an abandoned condition.

LOT — A plot, tract, premises or parcel of land without buildings or structures located thereon.

MUNICIPALITY — A county, town or village.

PERSON — Any individual, partnership, corporation or other entity.

STRUCTURE — An assembly of materials forming a construction framed of component structural parts, which exists for occupancy or use.

UNOCCUPIED HAZARD — Any building or part thereof which remains unoccupied for a period of more than one year, with either doors, windows or other openings broken, removed, boarded or sealed up.

YARD — An open space on the same lot which contains a building and is located between the building line and the lot line which the particular building line faces.

[Added 1-20-2005 by L.L. No. 1-2005 Editor’s Note: This legislation also provided for the renumbering of former §§ 240-3 and 240-4 as §§ 240-4 and 240-5, respectively. ]

No person shall deposit, blow, sweep, rake or otherwise cause debris to be put onto or into Town streets, sidewalks, drainage ditches, gutters, culverts or on any portion of the Town's ten-foot right-of-way. A violation of this section can be enforced by the Town Building Inspector, Code Enforcement Officer or any member of the Town Police Department.

Open areas; parking spaces.

(1)	Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers or other satisfactory drainage systems shall be utilized where necessary. No roof, surface or sanitary drainage shall create a structural safety or health hazard by reason of construction, maintenance or manner of discharge.
(2)	Fences or other accessory structures shall be maintained in a safe and nondeteriorated condition.
(3)	Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled, and necessary repairs or replacement shall be made. Moreover, sidewalks, curbs, aprons, ramps and driveway approaches shall be constructed in accordance with the specifications set forth in Chapter 269, Article V, of the Town Code.
(4)	Yards, courts and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation and debris. They shall be maintained in a manner that will prevent dust or other particles from being blown about the neighborhood. Open wells, cesspools or cisterns shall be securely closed or barricaded from access to the public.
(5)	Heavy undergrowth and accumulations of plant growth which are noxious or detrimental to health shall be eliminated. Any trees or portions thereof located on private property and constituting a hazard to person or property shall be removed. Owners of vacant lots shall mow the lawns and cut all grass back a distance of 10 feet from the curb and/or the side of the road at least once a month from April 1 to November 30.
(6)	A junked vehicle may not be parked, stored or left in the open.
(7)	All fences and planting areas installed on the premises shall be maintained by the owner of the property. Such maintenance shall include but not be limited to the replacement of trees and shrubs which may die and/or otherwise be destroyed, the maintenance and cutting of lawns and the replacement and/or repair of fences which may be in disrepair.
(8)	Restaurants and other eating facilities shall have garbage containers sufficient in number for all of their solid waste and shall maintain them in satisfactory condition.
(9)	All areas used for off-street parking, storage of trucks and of other motor vehicles and access driveways, including any right-of-way or easement over the subject property, shall be surfaced in accordance with the following specifications: not less than two inches of broken stone after compaction and one inch of premixed bituminous material after compaction; or concrete of not less than four inches thick; or, in a residential district, Belgian block or brick not less than four inches thick.

Buildings and structures.

(1)	All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration or weathering. Said surfaces having once been coated with any finish, such as paint, varnish, lacquer, etc., must be continuously maintained and recoated as necessary to keep uniformity of color and texture. Such surface shall be recoated in a workmanlike manner.
(2)	Every exterior wall, roof and porch or appurtenance thereto shall be maintained in a manner so as to prevent collapse of the same or injury to the occupants of the building or to the public.
(3)	The foundation walls of every building shall be maintained in good repair and shall be structurally sound.
(4)	Exterior walls, roofs and all openings, doors and windows, including glass, chimneys and other parts of a building, shall be so maintained as to keep water from entering the building and to prevent undue heat loss from occupied areas. Materials which have been damaged or show evidence of dry rot or other deterioration shall be repaired or replaced and refinished in a workmanlike manner. Exterior walls, roofs and other parts of the building shall be free from loose and unsecured objects and material and improperly secured objects and materials. Such objects or materials shall be removed or replaced.
(5)	The owner of a vacated building shall take such steps and perform such acts as may be required of him from time to time by the town's Building Inspector to ensure that the building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property or the public. All openings shall be provided with painted exterior-grade plywood closures, securely fastened.
(6)	Buildings and structures shall be maintained in such condition so that they shall not become an unoccupied hazard as defined in this chapter. All graffiti or defacing shall be removed and the surface finish restored within a five-day period.
(7)	All signs, awnings and lighting systems shall be maintained in a completely operable, clean, sightly, nondeteriorated and safe condition.
(8)	All decorative pools and similar devices shall be maintained free of litter and operated as intended. Should the maintenance costs of such devices prove unacceptable, the device shall be converted to landscaped planting beds or removed.
(9)	Fuel-burning, heat-producing equipment shall be installed or maintained so that the emission or discharge into the atmosphere of smoke, dust particles, odors or other products of combustion will not create a nuisance or be detrimental to the health, comfort, safety or property of any person. Where a NYSDEC burning permit is required, a copy shall be filed with the Building Department.
(10)	Chimneys, flues and their supports shall be installed and maintained so as to be structurally safe, durable, smoketight, noncombustible and capable of withstanding the action of flue gases without softening, cracking, corroding or spalling.
(11)	Air-conditioning units which are over any public opening shall have condensation piped away from the entrance way of the same.
(12)	Electrical fixtures, devices, wiring and systems shall be maintained in safe working condition so as not to be a potential source of ignition of combustible material or an electric hazard or shock and shall be properly connected to a reasonable, adequate source of electrical power.
(13)	All plumbing fixtures, sanitary facilities, plumbing appliances and plumbing equipment shall be properly maintained in good working condition.
(14)	If a sign is removed from the exterior of a building or structure, the area that was covered by the removed sign and now left exposed, even if a new sign is installed, shall be cleaned and maintained so that the exterior of the building or structure shall have a uniform color and texture.

Dumpsters. All dumpsters shall be enclosed with fencing and shrubs and other screening as approved by the Woodbury Building Inspector.

Unoccupied hazard. Unoccupied hazards shall be subject to condemnation in accordance with the laws of the State of New York and this town.

Any person who violates the provisions of this chapter shall be subject to a fine of not more than $250. Each day a violation of this chapter exists shall constitute a separate violation of this chapter.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 2-27-2006 by L.L. No. 3-2006. Editor's Note: This local law also repealed former Ch. 247, Public Access to Records, adopted 9-19-1974, as amended. Amendments noted where applicable.]

A.	The people's right to know the process of government decision-making and the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy of confidentiality.
B.	These regulations provide information concerning the procedures by which records may be obtained.
C.	Personnel shall furnish to the public the information and records required by the Freedom of Information Law, as well as records otherwise available by law.
D.	Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.

The Town of Woodbury Town Board is responsible for insuring compliance with the regulations herein, and designates the Town Clerk as records access officer. Requests are accepted by the Town Clerk's office either in person, by facsimile at 845-928-7380, by postal service to PO Box 1004, Highland Mills, New York, 10930, or by electronic mail at townofwoodbury@yahoo.com, during the business hours of 8:00 a.m. to 4:00 p.m.

The records access officer is responsible for insuring appropriate agency response to public requests for access to records. The designation of a records access officer shall not be construed to prohibit officials who have in the past been authorized to make records or information available to the public from continuing to do so. The records access officer shall insure that agency personnel:

(1)

Maintain an up-to-date subject matter list.

(2)

Assist persons seeking records to identify the records sought, if necessary, and when appropriate, indicate the manner in which the records are filed, retrieved or generated to assist persons in reasonably describing records.

(3)

Contact persons seeking records when a request is voluminous or when locating the records involves substantial effort, so that personnel may ascertain the nature of records of primary interest and attempt to reasonably reduce the volume of records requested.

(4)

Upon locating the records, take one of the following actions:

(a)	Make records available for inspection; or
(b)	Deny access to the records in whole or in part and explain in writing the reasons therefor.

(5)

Upon request for copies of records:

(a)	Make a copy available upon payment or offer to pay established fees, if any, in accordance with § 247-8; or
(b)	Permit the requester to copy those records.

(6)

Upon request, certify that a record is a true copy; and

(7)

Upon failure to locate records, certify that:

(a)	The Town of Woodbury is not the custodian for such records; or
(b)	The records of which the Town of Woodbury is a custodian cannot be found after diligent search.

Records shall be available for public inspection and copying at the Town Clerk's Office, Town Hall, 511 Route 32, Highland Mills, New York, 10930.

Requests for public access to records shall be accepted and records produced during all hours regularly open for business. These hours are 8:00 a.m. to 4:00 p.m., Monday through Friday, or by appointment.

A written request may be required, but oral requests may be accepted when records are readily available.

If records are maintained on the Internet, the requester shall be informed that the records are accessible via the Internet and in printed form either on paper or other information storage medium.

A response shall be given within five business days of receipt of a request by:

(1)	Informing a person requesting records that the request or portion of the request does not reasonably describe the records sought, including direction, to the extent possible, that would enable that person to request records reasonably described;
(2)	Granting or denying access to records in whole or in part;
(3)	Acknowledging the receipt of a request in writing, including an approximate date when the request will be granted or denied in whole or in part, which shall be reasonable under the circumstances of the request and shall not be more than 20 business days after the date of the acknowledgment, or if it is known that circumstances prevent disclosure within 20 business days from the date of such acknowledgment, providing a statement in writing indicating the reason for inability to grant the request, when the request will be granted in whole or in part; or
(4)	If the receipt of request was acknowledged in writing and included an approximate date when the request would be granted in whole or in part within 20 business days of such acknowledgment, but circumstances prevent disclosure within that time, providing a statement in writing within 20 business days of such acknowledgment specifying the reason for the inability to do so and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted in whole or in part.

In determining a reasonable time for granting or denying a request under the circumstances of a request, personnel shall consider the volume of a request, the ease or difficulty in locating, retrieving or generating records, the complexity of the request, the need to review records to determine the extent to which they must be disclosed, the number of requests received by the agency, and similar factors that bear on the ability to grant access to records promptly and within a reasonable time.

A failure to comply with the time limitations described herein shall constitute a denial of a request that may be appealed. Such failure shall include situations in which an officer or employee:

(1)	Fails to grant access to the records sought, deny access in writing or acknowledge the receipt of a request within five business days of the receipt of a request;
(2)	Acknowledges the receipt of a request within five business days but fails to furnish an approximate date when the request will be granted or denied in whole or in part;
(3)	Furnishes an acknowledgment of the receipt of a request within five business days with an approximate date for granting or denying access in whole or in part that is unreasonable under the circumstances of the request;
(4)	Fails to respond to a request within a reasonable time after the approximate date given or within 20 business days after the date of the acknowledgment of the receipt of a request;
(5)	Determines to grant a request in whole or in part within 20 business days of the acknowledgment of the receipt of a request, but fails to do so, unless the agency provides the reason for its inability to do so in writing and a date certain within which the request will be granted in whole or in part;
(6)	Does not grant a request in whole or in part within 20 business days of the acknowledgment of the receipt of a request and fails to provide the reason in writing explaining the inability to do so and a date certain by which the request will be granted in whole or in part; or
(7)	Responds to a request, stating that more than 20 business days are needed to grant or deny the request in whole or in part and provides a date certain within which that will be accomplished, but such date is unreasonable under the circumstances of the request.

A.	The records access officer shall maintain a reasonably detailed current list by subject matter of all records in its possession, whether or not records are available pursuant to Subdivision 2 of § 87 of the Public Officers Law.
B.	The subject matter list shall be sufficiently detailed to permit identification of the category of the records sought.
C.	The subject matter list shall be updated annually. The most recent update shall appear on the first page of the subject matter list.

Denial of access to records shall be in writing stating the reason therefor and advising the requester of the right to appeal to the individual or body established to determine appeals, who or which shall be identified by name, title, business address and business phone number.

If requested records are not provided promptly, as required in § 247-5 of these regulations, such failure shall also be deemed a denial of access.

The Town of Woodbury Town Board shall determine appeals regarding denial of access to records under the Freedom of Information Law at 511 Route 32, Highland Mills, New York, 10930; 845-928-6829.

Any person denied access to records may appeal within 30 days of a denial.

The time for deciding an appeal by the individual or body designated to determine appeals shall commence upon receipt of a written appeal identifying:

(1)	The date and location for requests for records;
(2)	A description, to the extent possible, of the records that were denied; and
(3)	The name and return address of the person denied access.

A failure to determine an appeal within 10 business days of its receipt by granting access to the records sought or fully explaining the reasons for further denial in writing shall constitute a denial of the appeal.

The person or body designated to determine appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to: Committee on Open Government, Department of State, 41 State Street, Albany, New York, 12231.

The person or body designated to determine appeals shall inform the appellant and the Committee on Open Government of its determination in writing within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth Subsection G of this section.

There shall be no fee charged for:

(1)	Inspections of records;
(2)	Searches for records; or
(3)	Any certification pursuant to this part.

Copies may be provided without charging a fee.

Fees for copies may be charged, provided that:

(1)	The fee for copying records shall not exceed $0.25 per copy for photocopies not exceeding nine inches by 14 inches. This section shall not be construed to mandate the raising of fees where agencies or municipalities in the past have charged less than $0.25 for such copies;
(2)	The fee for copies of records not covered by Paragraphs (1) and (2) of this subdivision shall not exceed the actual reproduction cost which is the average unit cost for copying a record, excluding fixed costs of the agency such as operator salaries.

A notice containing the title or name and business address of the records access officer(s) and appeals person or body and the location where records can be seen or copied shall be posted in a conspicuous location wherever records are kept and/or published in a local newspaper of general circulation.

If any provision of these regulations or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of these regulations or the application thereof to other persons and circumstances.

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

GENERAL REFERENCES
Building construction — See Ch. 96.
Subdivision of land — See Ch. 272.
Water — See Ch. 298.
Water and sewer inspections — See Ch. 301.
Zoning — See Ch. 310.

It is the intent of this Part 1 to promote the general welfare of the people of the Town of Woodbury by providing regulations supplementing the New York State Department of Health rules and regulations for the installation of septic systems for one- and two-family residences.

It is hereby declared to be the policy of the Town of Woodbury to regulate septic systems for one- and two-family houses to be constructed in the Town of Woodbury. Such regulations shall also reduce the possibility of health problems arising as a result of defective systems. It is the further intent of the Town Board that through such additional controls, the question of septic system breakdowns will no longer be a burden to individual homeowners.

For many years the residents of the Town of Woodbury have experienced problems relating to septic systems. While in many instances these problems have been localized, there have been sufficient official and unofficial complaints to have brought the Town Board to the conclusion several years ago that it was absolutely essential to the welfare and health of the Town residents to have a municipal sewer system. In 1968 the Town Board, with the cooperation of the Pure Waters Department of the Environmental Conservation Department of the State of New York, attempted to construct its own sewer system, which unfortunately was voted down at a referendum. From that time to the present, the Town Board has tried to convince the Orange County Legislature, the New York State Department of Environmental Conservation and the United States Environmental Protection Agency that it was absolutely essential that the Town of Woodbury be included in municipal sewer systems. At the present time, the Town is actively participating in the Moodna Drainage Basin Study, as well as a study by the County of Orange for the extension of Orange County Sewer District No. l to include the Town of Woodbury. In an effort to alleviate the present problems relating to septic systems, the Town believes that it is necessary to supplement the New York State Department of Health rules and regulations for individual household waste treatment facilities. These supplementary rules and regulations have been recommended by the town's consulting engineers.

Whenever used in this Part 1, unless a different meaning clearly appears from the context or unless a different meaning is stated in a definition applicable to only a portion of this Part 1, the following terms shall have the meanings indicated:

HEALTH DEPARTMENT — The New York State Health Department or the Orange County Health Department.

MUNICIPALITY — The Town of Woodbury.

OWNER — The owner of a site on which a one- or two-family residence is to be constructed.

PERSON — Any individual, firm, copartnership, association or corporation.

RESIDENTIAL BUILDING — Any building designed or occupied in whole or in part as a dwelling for one or two families not under the jurisdiction of the Orange County Health Department and not to be installed upon a lot shown on a map approved by the Orange County Health Department since January 1, 1970.

SEVERE LIMITATIONS — Those soils so designated by the Soil Conservation Service as having the greatest number of limitations which are most difficult to overcome.

SOIL CONSERVATION SERVICE — The United States Department of Agriculture for the Orange County Soil and Water Conservation District.

Lot classifications shall be as follows:

Classification A: all lots having a minimum size of one acre where community water is not available or a minimum size of 20,000 square feet where community water is available. All lots which are classified under this subsection shall contain soils classified as having either slight or moderate limitations as to the instability of subsurface sewage disposal systems as defined by the Soils Interpretation Report for Orange County, published by the Soil Conservation Service in January 1972. In addition to the limitations imposed by this report, all lots shall comply with the New York State Department of Health regulations for individual household waste treatment systems. A representative of the Town Building Department shall be required to witness soil percolation tests conducted by the owner or builder.

Classification B: all lots having a minimum size of one acre if community water is not available, or a minimum lot size of 20,000 square feet if community water is available, where the soil classifications are listed as severe in the Soils Interpretation Report for Orange County.

(1)	All lots in this classification shall be required to follow the review and inspection procedure as shown for Classification A. In addition to those procedures, all lots with severe limitations for sewage disposal systems because of depth of seasonal high water table or soil permeability shall have the soil percolation test witnessed by a representative of the Building Department in the wet season of the year where the extent of the high water table can be ascertained. Where such tests cannot be witnessed by the representative of the Building Department in the wet season of the year, then percolation test results in the dry season of the year shall be related to seasonal high groundwater table fluctuations as shown in the appendix to the Soils Interpretation Report for Orange County.
(2)	The owner or builder shall also be required to dig deep test pits in the presence of a representative of the Building Department to ensure that all installations will be made with a minimum of two-foot differential in depth beneath the underside of the proposed tile field trench and groundwater table.
(3)	Where soils have been classified as having severe limitations because of depth to bedrock, the owner shall be required to dig a deep test pit which shall be witnessed by a representative of the Building Department to ascertain the existence of two feet of permeable material above bedrock beneath the proposed tile field trench.
(4)	Where lots require prepreparation of the soil prior to the installation of the tile field, such as removal of unsuitable soil with an addition of compacted run-of-bank gravel fill or blind cutoff ditches to lower the water table, all such lots shall have this work completed prior to submission of plans for the proposed septic system for approval. When the work has been completed and the plans have been submitted to the Building Department, a representative of the Building Department will then witness soil percolation tests and deep test pits on this preprepared ground before preparation and review of final sewage disposal plans.

Classification C: all lots having a minimum size of less than one acre if community water is not available or less than 20,000 square feet if community water is available.

(1)	All such lots shall be required to follow the procedures shown under Classification A if soil classifications are slight or moderate, but if the soil classifications are severe, then such lots shall be subject to the procedure outlined in both Classification A and Classification B.
(2)	In addition to the approval of the Town Building Department, the owner or builder shall be required to obtain Orange County Department of Health approval for all lots in Classification C.

[Added 7-21-1994 by L.L. No. 3-1994 Editor's Note: This local law also repealed former § 126-5, Installation of dry wells. ]

All septic systems to be installed in the Town of Woodbury shall be designed by a licensed professional engineer licensed by the State of New York. Upon completing the design of any septic system, after the appropriate percolation test has been taken, the engineer shall submit the plans to the Building Department for approval. No building permit shall be issued for any building requiring a septic system until the plans for the septic system have been filed with the Building Department and approved by the Town Engineer or Assistant Building Inspector.

[Added 7-21-1994 by L.L. No. 3-1994 Editor's Note: This local law also repealed former § 126-6, Posting of maintenance bond. ]

When the septic system has been installed, such system will not be covered or backfilled until such time as a representative of the Building Department has made a final inspection of the installed system. Such inspection shall either be undertaken by the Town Engineer or the representative of the Building Department who shall ascertain whether or not the installed system complies in all respects with the final plans as submitted.

[Added 7-21-1994 by L.L. No. 3-1994 Editor's Note: This local law also repealed former § 126-7, Inspection by Town Engineer. ]

No certificate of occupancy shall be issued by the Building Department until such time as the engineer who designed the septic system certifies in writing that the septic system, as designed and installed, fully complies with the Orange County Health Department's regulations. Simultaneously with the engineer's certification, an as-built set of plans of the septic system shall be filed with the Building Department.

[Added 7-21-1994 by L.L. No. 3-1994 Editor's Note: This local law also repealed former § 126-8, Applicability. ]

This Part 1 shall apply to all one- and two-family dwellings not under the jurisdiction of the Orange County Health Department.

This Part 2 shall be known as the "Town of Woodbury Sewer Use Regulations."

The purposes of the rules, regulations and requirements of this Part 2 are specifically stated, as follows:

A.	To prohibit excessive volumes and/or inordinate rates of flow of sewage and wastes into the Consolidated Sewer District sewer system and all public and private sewers and lines tributary thereto;
B.	To prohibit the contribution of sewage, industrial wastes or other wastes of a flammable nature, or which create in any way a poisonous or hazardous environment for sewage maintenance and operation personnel;
C.	To prohibit the contribution of sewage, industrial wastes or other wastes which may cause maintenance difficulties in the interceptor sewers, trunk sewers, force mains, pumping stations, sewage regulators and other structures and appurtenances of the Town sewer system and public and private sewers tributary thereto;
D.	To prohibit the contribution of sewage, industrial wastes or other wastes which may create operating difficulties at the Orange County Water Pollution Control Facility as it now exists or may be constructed, modified or improved in the future;
E.	To require the treatment, before introduction into the Town sewer system and public and private sewers tributary thereto, of such wastes as may impair the strength and/or durability of the structure appurtenant to the system, by direct or indirect chemical action, or interfere with the normal treatment process;
F.	To regulate all connections and discharges to and usage of the Town sewage system for the purpose of providing maximum efficiency in the maintenance and operation of the system and adhere to all applicable federal, state and local requirements;
G.	To require the connection to and the use of the sanitary sewer system;
H.	To protect the public health and to prevent nuisances.

Unless the context specifically indicates otherwise, the meanings of terms used in this Part 2 shall be as follows:

ADMINISTRATOR — The Superintendent of Sewage or his duly authorized deputy, agent or representative.

BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND") — The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C. (68° F.) expressed in parts per million (ppm) or milligrams per liter (mg/l).

BUILDING DRAIN — That part of the lowest horizontal piping of a building sanitary drainage system which receives the discharge from soil, waste and other sanitary drainage pipes inside the walls of any building and conveys such discharge to the building sewers, beginning four feet outside the outer face of the building wall.

BUILDING SEWER — That part of the horizontal piping of a sanitary drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a public sewer or other point of disposal.

CHLORINE DEMAND — The difference between the amount of chlorine added to water, sewage or industrial wastes and the amount of residual chlorine remaining at the end of a twenty-minute contact period at 68° F. temperature.

COMBINED SEWER — A sewer designed to receive and transport both surface runoff and sewage.

CONSOLIDATED SEWER DISTRICT — Any Town sanitary sewer district as created, altered or modified by action of the Town Board of the Town of Woodbury.

COOLING WATER — The water discharge from any system of condensation, air conditioning, cooling, refrigeration or other sources.

DEPARTMENT OF HEALTH — The Orange County Department of Health.

GARBAGE — Solid wastes from the domestic or commercial preparation, cooking and dispensing of food or from the handling, storage and sale of produce.

INDUSTRIAL WASTES — The fluid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.

OTHER WASTES — Garbage (shredded or unshredded), refuse, woods, coffee grounds, sawdust, shavings, eggshells, bark, sand lime, cinder, ashes and all other discarded matter not normally present in sewage or industrial wastes.

PERMITTEE — Any person who obtains a permit for sewer connection.

PERSON — Any individual, firm, company, association, society, corporation or group.

PH — The intensity of the acid or alkaline reaction of a solution in terms of hydrogen concentration (but is not a measure of the total concentration of acid or alkali present). The pH is expressed as the common logarithm of the reciprocal of the hydrogen concentration in moles per liter:

pH = log ---

(h+)

PRIVATE SEWAGE DISPOSAL SYSTEM — Any privy, septic tank, cesspool or other sewage disposal facility owned and operated by a person other than a municipal sewage system.

PROPERLY SHREDDED GARBAGE — The wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle having a dimension greater than 1/2 inch in any dimension.

PUBLIC SEWER — A sewer controlled by public authority.

RECEIVING WATERS — A natural watercourse or any other body of surface or ground water into which treated or untreated sewage is discharged.

SANITARY SEWER — A sewer which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.

SCAVENGER WASTES — The conditioned human waste matter collected from privies, septic tanks, cesspools and chemical toilets.

SEWAGE — A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground-, surface and storm water as may be inadvertently present. The admixture of sewage as above defined with industrial wastes or other wastes also shall be considered sewage within the meaning of this definition.

SEWAGE CHARGE — The demand payment for the use of public sewer and/or sewage treatment plant for handling any sewage, industrial wastes or other wastes accepted for admission thereto, in which the quantity or characteristics thereof exceed the maximum values as defined herein.

SEWAGE SYSTEM — All facilities within the Consolidated Sewer District for collecting, regulating, pumping and transporting sewage to the Orange County Water Pollution Control facility.

SEWAGE TREATMENT PLANT (WATER POLLUTION CONTROL PLANT) — Any arrangement of devices and structure used for treating sewage at the Orange County Water Pollution Control facility.

SEWER — A pipe or conduit for carrying sewage.

SLUG — Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flow during normal operation.

STORM SEWER (STORM DRAIN) — A sewer which carries storm- and surface waters and drainage, but excludes sewage and industrial wastes other than cooling waters and other unpolluted waters.

SUSPENDED SOLIDS — Solids that either float on the surface of, or are in suspension in, water, sewage or other liquids and which are removable by laboratory filtering.

TOWN — The Town of Woodbury.

TOWN SEWER SYSTEM — The interceptor sewers, trunk sewers, lateral sewers, force mains, pumping stations, sewage regulators and other appurtenant structures owned and operated by a Woodbury Consolidated Sewer District.

"Shall" is mandatory; "may" is permissive.

It shall be the duty of the administrator of the Consolidated Sewer District to enforce the provisions of this Part 2 and to formulate and issue such rules, regulations and specifications which may be necessary for the administration, development or construction of sewers of the Consolidated Sewer District as required to implement this Part 2.

A.	Subject to the provisions of the federal and state Constitutions and other applicable laws, the administrator or his authorized representatives, such as the administrator's deputy, inspector or, after reasonable notice to the administrator, authorized employees of the New York State Department of Environmental Conservation (NYSDEC) and the United States Environmental Protection Agency (USEPA), bearing proper credentials and identification, shall be permitted, after reasonable notice to the owner, to enter upon all private properties within the Consolidated Sewer District for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Part 2.
B.	If the administrator determines that an emergency exists, he shall be permitted to enter upon private properties for the purpose of inspection, observation, measurement, sampling and testing without previous notice. The administrator or his representative shall have no authority to inquire into any processes used in any industrial operation beyond that point having a direct bearing on the kind, source and quantity of discharge to a public sewer receiving water, or the on-site facilities for waste treatment.
C.	Refusal to permit the entry upon private lands required to perform the necessary work referred to in this section shall be punishable by such penalties as may be prescribed under Article XI of this Part 2.

It shall be unlawful for any person to discharge, directly or indirectly, into public sewers of the Consolidated Sewer District, except after the issuance of a permit therefor, properly issued by the administrator and upon terms and conditions as may be established by the administrator or by this Part 2 for the issuance of such a permit.

It shall be unlawful to discharge into any receiving waters within the Consolidated Sewer District, either directly or indirectly, any sewage, industrial wastes or other polluted waters.

[Amended 9-2-1982 by L.L. No. 8-1982]

A.	The person owning any property used for human occupancy, employment, recreation, commerce, industry or other public or private purpose, situated within the Consolidated Sewer District which abuts on any street or right-of-way in which or adjacent to which there is located a public sanitary sewer, is hereby required at his own cost and expense to connect the sanitary sewage discharge from his property directly with the public sewer.
B.	The Town Board reserves the right to exempt a given property from the connection requirements where, in its opinion, such property is experiencing an undue financial burden in connecting to the sewage system.
C.	The Town Board further reserves the right to exempt a given property located within the Woodbury Consolidated Sewer District from the connection requirements and to permit the use of a private sewage disposal system where the town's capacity at the Harriman Treatment Plant has been exhausted or where a moratorium has been imposed which prevents further connections to the town's collection system. If the Town Board exempts a given property, then the Town Board may impose, among other things, the installation of dry sewer lateral from the street collection sewer line of the proposed building, the posting of a performance bond and any other reasonable conditions that the Town Board wishes to impose. [Added 5-18-1989 by L.L. No. 3-1989]

Connections from existing structures to the public sewer shall be made within 90 days from the date of notice given by publication in the two official newspapers of the Town of the completion of the sewage system within the Consolidated Sewer District. The Town reserves the right to extend said period an additional period of time. New buildings constructed within the Consolidated Sewer District after the completion of the sewage system shall be connected with the sewage system before the use or occupancy thereof.

It shall be illegal for any property owner to connect his building to the collection system without the prior approval of the administrator. If there is any unauthorized taking of sewer service without the approval of the administrator, then such individual shall be subject to the penalties and fine as hereinafter provided.

Whenever a public sanitary sewer is not available within the Consolidated Sewer District as described under the provisions of Article V, § 253-16, the building sewer shall be connected, either directly or through a private sewage system, to a private sewage disposal system complying with the requirements of the Department of Health and the provisions of this article.

The type, capacities, location and layout of a private sewage disposal system and the pipe sizes, slopes and design criteria of a private sewage system within a county sewer district shall comply with all requirements of the County Health Department, and no statement in this article shall be construed to interfere with these or any other additional requirements or recommendations that may be imposed by the Department of Health. Any additional requirements imposed by this Part 2 are for the purpose of implementing the intent of this Part 2 and providing for the proper development of the Consolidated Sewer District.

Before approval of a project by a federal, state or county agency within the Consolidated Sewer District, the administrator shall have the right to require a submittal of a review application, plans and specifications of the proposed private sewage disposal and/or sewage system to determine its conformity to the Comprehensive Plan of the Woodbury Consolidated Sewer District. The administrator shall have the right to require additional information, as deemed necessary, for the purpose of ensuring compliance with the provisions of this Part 2. All information required shall become a part of the application. Construction shall not commence until approved by the administrator. Any revisions to the approved application without the written approval of the administrator is prohibited.

The methods, practices and materials used in the construction of a private sewage system located in the Consolidated Sewer District shall be in accordance with the provisions of the approved application and any specifications and requirements adopted by the Town Board in fulfilling the administrator's duties and the provisions of this Part 2 as provided herein. In the absence of any particular provisions, or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society of Testing and Materials (ASTM) and the Water Pollution Control Federation (WPCF), Manual of Practice No. 9 shall apply.

[Amended 4-15-1999 by L.L. No. 4-1999]

The administrator shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant shall notify the administrator when the work, or separate portions of it, is ready for final inspection and before any underground portions are covered. The inspection shall be made within 48 hours of receipt of notice by the administrator. Prior to final approval, as-built drawings shall be provided in accordance with standards established by the Town Engineer and on file in the Building Department and, in the case of sewage infiltration test, results certified by a professional engineer licensed in the State of New York. The maximum allowable rate of infiltration into any section of a sewage system shall not exceed 200 gallons per inch of pipe diameter per mile of sewer per day.

The owner of a private sewage disposal or sewage system shall operate and maintain such facilities in a satisfactory manner at all times, at no expense to the Consolidated Sewer District.

At such time as a public sewer becomes available to a property served by a private sewage disposal and/or sewage system, as provided for in Article V, § 253-16, a direct connection shall be made to the public sewer in compliance with this Part 2. Any person obtaining a permit to connect to the public sewer shall be required to abandon the existing septic tank or cesspool or other private sewage disposal facilities as hereinafter prescribed in Article VII, and said facilities shall be cleaned of sludge and removed or filled with suitable material, or as directed by the administrator.

§ 253-26. Inspection of private sewer prior to transfer; transfer of ownership; maintenance and operation.

Where service through a public sewer becomes available to an existing private sewage system, whether or not such system was constructed prior to the adoption of this Part 2, the administrator shall, before issuing a permit for connection to the public sewer, have the right to perform such tests and inspections as may be required to ascertain the completeness and integrity of the private sewage system and to require all necessary repairs to be made by the owner, at no expense to the Consolidated Sewer District, to make the private sewage system acceptable for connection to the public sewer as required by this Part 2 or such additional rules, regulations and specifications as may be adopted by the Town Board. In addition, in those instances where the collecting sewers forming a part of the public sewage system within the Consolidated Sewer District to which the private sewage system is to connect are owned and maintained by the Consolidated Sewer District, the owner of the private sewage system shall transfer, without reimbursement, ownership of the private sewage system to the Consolidated Sewer District, together with all easements on private property in which any portion of the private sewage system is located, as a condition of the connection permit.

Upon the connection and transfer of the private sewage system to the Consolidated Sewer District, future maintenance and operation of the system will be accomplished by the Consolidated Sewer District. All applicable requirements of this article shall also apply to the internal sewers to be constructed in an approved subdivision development which will connect to the Town sewer system.

No person shall uncover, make any connections with or opening into, or use, alter, disturb or discharge into any public sewer or appurtenance thereof without first obtaining a written permit from the administrator or Town Board where designated.

There shall be two classes of building sewer permits: for residential and commercial service; and for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the administrator. The permit application shall be accompanied by plans, profiles, specifications or other information considered pertinent by the administrator. All permit applications for service to establishments producing industrial wastes shall be subject to Town Board approval after a public hearing. A permit and inspection fee for a residential or commercial building sewer permit or for an industrial building sewer permit in the amount prescribed in a fee schedule adopted by the Town Board shall be paid to the Consolidated Sewer District at the time that the application is filed.

The owner of any public sewage system located within the Consolidated Sewer District, other than a system owned and operated by the Consolidated Sewer District, must receive the written approval of the administrator before a connection of all or any part of the system can be made to the Consolidated Sewer System. Where the public sewage system is operating, a condition of approval shall require the owner to provide the administrator with as-built drawings of the sewage system to be connected, as well as any additional data he may require to determine the quantity and character of sewage flow to be discharged to the Consolidated Sewer System. Where the public sewage system is not operating and initial service will be provided by the Consolidated Sewer District, as-built drawings of the sewage system for which connection approval is requested shall be furnished to the administrator, as well as the results of infiltration and exfiltration tests made under the supervision of and certified by a professional engineer licensed in the State of New York, prior to the connection of any system thereto. Infiltration of such sewer shall not exceed 200 gallons per inch of diameter per mile of sewer per day. The owner of the public sewage system shall, before the system is accepted, make repairs as necessary when excessive infiltration is located. Such repairs shall be subject to the approval of the administrator.

The administrator reserves the right to perform such studies, measurements and tests to ensure compliance with the requirements of this article.

All costs and expenses in installing and connecting a public sewage system or building sewer to the Town sewage system shall be borne by the owner. The owner shall indemnify the Consolidated Sewer District for any loss or damage that might be occasioned by the installation and connection of such public sewage system or building sewer.

A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on a separate interior lot and no sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building, and the whole may be considered as one building sewer; but each shall be considered a separate unit for the purpose of sewage service charges.

Existing building sewers may be used in conjunction with new buildings only when they are found, upon inspection and testing by the administrator, to meet all requirements of this Part 2 and any other specifications adopted by the administrator.

The size, slope, alignment, materials or construction of a building sewer, appurtenances and the methods to be used in excavating, placing of the building sewer pipe, jointing, testing and backfilling the trench shall conform to the requirements of the specification for the installation of building sewers as adopted by the Town Board and all applicable provisions of any other rules and regulations of the Town of Woodbury or of the County of Orange and the State of New York, whichever requirement is more strict. In the absence of any requirements or in the amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society of Testing and Materials (ASTM) and Water Pollution Control Federation (WPCF), Manual of Practice No. 9 shall apply. All connections of building sewers to a public sewage system shall be gastight and watertight. Any deviations from the prescribed materials and construction procedures must be approved by the administrator prior to installation.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage carried by such building drain shall be lifted by a method approved by the administrator and discharged to a gravity flow building sewer.

No person shall make a connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected to a public sewer.

The applicant for the connection of any building sewer to a public sewage system owned or maintained by the Consolidated Sewer District shall notify the administrator when the building sewer is ready for inspection and connection to the public sewer. In no case shall any underground portions of the building sewer be covered or connection to the public sewer made without the approval and/or supervision of the administrator or his representative. Permission to activate the building sewer will be given only after satisfactory final inspection has been made and approval given by the administrator.

All excavations for building sewer excavations shall comply with all federal, state and local safety regulations and shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of work shall be restored in a manner satisfactory to the administrator and appropriate municipal authorities.

Building sewers shall be maintained, serviced and repaired by the owner of the property served from the building drain to a point within one foot of the Y in the street, if connected to a public sewer in a public right-of-way, and to within two feet of the public sewer located in an easement across private property. In the event that a property is unable to discharge sewage into the public sewer, it will be presumed that the fault is in the private building sewer unless contrary facts are in evidence. Evidence of willful damage to a building sewer being served by a public sewer shall be considered a violation of this Part 2.

Before any building whose building sewer is connected to a public sewer is demolished, the owner thereof shall conform to the requirements established by the administrator. The cutoff or plugging of the building sewer shall be done with the permission and under the supervision of the administrator.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to the Town sewer system.

No person shall discharge or cause to be discharged any of the following described waters or wastes to the Town sewer system:

A.	Gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
B.	Waters or wastes containing toxic or poisonous solids, liquids or gases, in sufficient quantity, either singly or by interaction with other wastes, which injures or interferes with any sewage process, constitutes a hazard to humans or animals, creates a public nuisance or creates any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides. Without limiting the generality of the foregoing, no person shall discharge or cause to be discharged waters or wastes to any public sewer which contain substances having concentration limits in excess of those set forth in Table 7-1 annexed hereto. Editor's Note: Table 7-1 is included at the end of this chapter.
C.	Waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of sewage works.
D.	Solid or viscous substance in a quantity or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works, such as but not limited to ashes, cinders, sand, mud, straw, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair fleshings, entrails, paper dishes, cups and milk containers, either whole or ground by garbage grinders.

No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes to the town's sewer system without the prior approval of the Town Board:

Liquid or vapor having a temperature higher than 150° F./65° C.; or in such quantities that the temperature at influent to the treatment works exceeds 40° C. or 104° F.

Water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter, or containing substances which may solidify or become viscous at temperatures between 32° and 150° F. (0° and 65° C.).

Garbage that has not been properly shredded.

Waters or wastes containing strong acids, iron pickling wastes or concentrated plating solutions, whether neutralized or not.

Waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Town Board for such materials.

Waters or wastes containing phenols or other taste- or odor-producing substances in such concentration exceeding limits which may be established by the Town Board after treatment of the composite sewage to meet the requirements of the state, federal or public agencies having jurisdiction for the discharge to the receiving waters.

Any radioactive wastes or isotopes.

Any waters or wastes having a pH in excess of 9.5.

Materials which exert or cause:

(1)

Unusual concentrations of inert suspended solids, such as but not limited to fuller's earth, lime residues, or dissolved solids, such as but not limited to sodium chloride and sodium sulfate.

(2)

Excessive coloration, such as but not limited to dye wastes and vegetable tanning solutions.

(3)

Excessive loads.

(a)	A BOD in excess of 240 milligrams per liter.
(b)	A chlorine demand in excess of 25 milligrams per liter.
(c)	A chemical oxygen demand in excess of 600 milligrams per liter.
(d)	Suspended solids in excess of 300 milligrams per liter.

(4)

Unusual volume of flow or concentration of wastes constituting slugs, as defined herein.

Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed by Orange County Sewer District No. 1 or are amenable to treatment only to such a degree that the sewage treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters.

If any waters or wastes are discharged or are proposed to be discharged to the Town sewer system, which waters contain the substances or possesses the characteristics enumerated in § 253-42 of this article and which in the judgment of the Town Board may have a deleterious effect upon the sewage works, processes, equipment or other receiving waters or which otherwise create a hazard to life or constitutes a public nuisance, the Town Board may:

(1)

Reject the waters or waste;

(2)

Require pretreatment to an acceptable condition for discharge to the Town sewer system;

(3)

Require control over the quantities and rates of discharge; and/or

(4)

Require that periodic reports be filed with them at intervals not exceeding six months each, containing the following material:

(a)

The specific action, if any taken, to achieve compliance with Section 307 of the United States Public Law No. 92-500 and any pretreatment requirements mandated by any statute, rule or regulation of New York State or any of its departments, agencies or bureaus.

(b)

Results of a comprehensive sampling and laboratory testing program indicating the characteristics of the wastewater so discharged in terms of parameters that will adequately identify the waste. The types of testing and frequency of testing for each such person so discharging such wastewater shall be specified by the administrator. All sampling and laboratory testing required by the administrator shall be performed by each such person, and all costs and expenses incident to the testing, sampling, monitoring and reporting with respect to providing data to the administrator, the New York Department of Environmental Conservation, the United States Environmental Protection Agency or any other agency having jurisdiction shall be borne by such person.

(5)

Require payment in excess of the existing taxes or sewer charges or rents to cover the added cost of handling and treating the wastes pursuant to the provisions of § 253-33 of this Part 2 and any applicable law.

If the Town Board permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Town Board and subject to the requirements of all applicable codes, ordinances and laws.

[Amended 12-15-1983 by L.L. No. 10-1983]

Grease, oil and sand interceptors shall be provided when, in the opinion of the Town Board or the administrator, such interceptors are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients. All interceptors shall be of a type and capacity approved by the administrator and shall be located as to be readily and easily accessible for cleaning and inspection.

The administrator shall monitor each grease trap installation to ascertain the adequacy and required frequency of cleaning and pumping. Upon receipt of the results of the monitoring inspections, the administrator will determine the frequency of cleaning and pumping required for each establishment necessary to ensure against a deposit of grease into the Town sewer system. When the administrator has made such a determination, he shall notify the owner of such premises as to the required frequency of such cleaning and pumping. In the event that any inspection by the administrator reveals that inadequate cleaning and pumping procedures are being followed, the administrator shall issue an order to the owner directing compliance. The owner shall make available to the administrator receipted invoices from the scavenger services for cleaning and pumping such grease traps.

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

When required by the Town Board, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such a manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the administrator. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Part 2 shall be determined in accordance with the latest edition of the Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the Town sewer system to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls, whereas pH's are determined from periodic grab samples.

Any persons aggrieved by any decision or determination made by the Town Board or administrator of the Consolidated Sewer District pursuant to § 253-43 hereof may bring a proceeding to review such determination in the manner provided by Article 78 of the Civil Practice Law and Rules.

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Consolidated Sewer District and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Consolidated Sewer District for treatment, subject to payment therefor by the industrial concern, in accordance with applicable provisions of law.

The Orange County Sewer District has reserved the right to perform such analyses of wastes as discharged from the Consolidated Sewer District to sewers of the Orange County Sewer District to ensure compliance with the Orange County Sewer Law. Where such analyses indicate violation, the Town Board will take appropriate action as required by the administrative head of the Orange County Sewer District.

The discharge of private scavenger wastes into the Consolidated Sewer System and public sewers tributary thereto shall not be permitted.

Any person who willfully or negligently breaks, damages, destroys, uncovers, defaces or tampers with any structure, appurtenance or equipment which is a part of the Consolidated Sewer District, sewage system or public sewer tributary thereto will be in violation of this Part 2 and subject to the penalties provided herein.

Any user who accidentally discharges wastes in violation of this Part 2 shall immediately notify the administrator of the Consolidated Sewer District. Notification shall be followed within 15 days by a detailed, written statement describing the causes of the accidental discharge and the measures taken to prevent future occurrence. Such notification will not serve to relieve the user of liability for any expense, loss or damage to the Consolidated Sewer District's system or for any fines imposed by the Town of Woodbury under applicable state and federal regulations.

Any user who discharges industrial wastes, as distinct from sanitary sewage, shall be required to submit to the Town Board detailed plans to show facilities and operating procedures to provide protection from accidental direct or indirect discharge of deleterious materials or wastes to the town's sewer system.

The administrator of the Consolidated Sewer District shall have the responsibility of enforcing the provisions of this Part 2. Where a violation of said provisions is found, the administrator shall notify the alleged offender by certified mail of the nature of the violation and prescribe a period of time not to exceed 30 days within which the specified violation must be corrected. Such period of time may be extended by the Town Board. If the violation is not corrected within the period specified in said notice, the administrator may take such action as provided in Article XI, § 253-55, of this Part 2.

§ 253-55. Penalties for offenses; action to compel compliance; additional costs to be recovered from violator.

A.	A violation of the provision of this Part 2 is an offense, and each such violation may be punished by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. In lieu of, or in addition to, such fine or imprisonment, each such violation shall be subject to a civil penalty, not exceeding $250 for any one case, to be recovered in an action or proceeding brought by the Town Attorney in the name of the Consolidated Sewer District in a court of competent jurisdiction. Each day a violation continues shall be subject to a separate fine, imprisonment or civil penalty.
B.	The Town Attorney may maintain an action or proceeding in the name of the Consolidated Sewer District in a court of competent jurisdiction to compel compliance with, or restrain by injunction, any violation of this Part 2, notwithstanding the provisions hereof for a penalty or other punishment.
C.	Where any violation of this Part 2 causes additional expense to the Consolidated Sewer District, the Consolidated Sewer District shall have a cause of action against the violator to recover such additional cost. The cause of action may be asserted at the discretion of the administrator and shall be in addition to the fine, imprisonment, penalty and injunction hereinabove provided and shall be brought by the Town Attorney in the name of the Consolidated Sewer District in a court of competent jurisdiction.

Part 3 Sewer Use Rate Schedule for Consolidated Sewer District and Sewer District #1 [Adopted 11-20-1986 by L.L. No. 2-1986]

[Amended 2-27-2006 by L.L. No. 2-2006]

The basis of charge for the sewer use and capital recovery portions of the Woodbury Consolidated Sewer District and Sewer District #1's annual bill shall be determined from the following schedule of units. The following is a summary of the user rate schedule.

[Amended 12-4-1986 by L.L. No. 3-1986; 3-5-1987 by L.L. No. 1-1987; 11-7-2002 by L.L. No. 9-2002]

The following is a schedule of sewer rate charges. One full unit charge consists of bonded indebtedness, operation and maintenance, street lateral and house lateral charges. Any property within a Town sewer district which presently does not have sewer service as a result of the Orange County sewer moratorium will not be charged the operation and maintenance portion of the unit charge so long as the moratorium prevents their connection allowing them to have sewer service.

Type	Unit Charge per Dwelling
Single-family residence on 3 acres or less	1 unit
Single-family residence on 3 acres or more	1 unit of bond charge for every 2 acres or part thereof up to 74 acres, or acres in excess of 75 acres shall be charged 1 unit of bond charge for every 8 acres
2-family residence	2 units
3-family residence	3 units
Vacant parcels over 75 acres (not subdivided at this time)	1 unit of bond charge for every 8 acres or part thereof
Apartments, trailer parks and motels	1 full unit charge for every living unit
Commercial establishments, such as garages, retail stores, malls, hairdressers, offices, etc.	1 unit charge for every bathroom in each unit
Laundromats	1 full unit for each bathroom, plus 1 full unit for every 10 washing machines or units thereof
Large establishments, such as manufacturing plants, ware- houses	1 full unit charge for every 15 people
Senior high school	1 unit charge (not including house lateral) for every 15 people
Elementary/junior high school and education center	1 full charge for every 15 people
Restaurants	Seating capacity up to 50 people: 3 full unit charges; 51 to 100 people: 5 full unit charges; 101 and over: 10 full unit charges
Wholly exempt property	1 full unit charge
Approved building lots	1 full unit (not including operation and maintenance and house lateral charge)

Former Ch. 256, Signs, consisting of Art. I, Political Signs, adopted 8-17-1989 by L.L. No. 9-1989, was repealed 3-7-2002 by L.L. No. 1-2002.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 1-21-1971. Amendments noted where applicable.]

GENERAL REFERENCES
Parks — See Ch. 230.
Streets and sidewalks — See Ch. 269.

The Town Board finds that there are no streets or highways in the Town of Woodbury which are uncongested and safe for snowmobile travel on the shoulders thereof; therefore, snowmobile travel on the shoulders of town streets and highways is hereby prohibited, except for the crossing of such streets or highways as authorized under § 8-0303 of the Conservation Law. Editor's Note: This section was repealed by L. 1973, c. 400, § 92, effective June 5, 1973. For the current statutory provisions pertaining to snowmobiles, consult Title D, Snowmobiles, of the Parks, Recreation and Historic Preservation Law (§ 21.01 et seq.).

Editor's Note: Local Law No. 4-1987, adopted 3-19-1987, repealed former §§ 133-2, Operation in parks, public lands and waters, and 133-3, Conditions regulating operation, which immediately preceded this section.

Any violation of this chapter which constitutes a violation of Article 8 of the Conservation Law shall be punishable as therein provided by a fine of not less than $5 nor more than $100. Editor's Note: See § 27.11 of the Parks, Recreation and Historic Preservation Law.

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

GENERAL REFERENCES
Outdoor burning — See Ch. 106.
Dumping — See Ch. 124.
Property maintenance — See Ch. 240.
Streets and sidewalks — See Ch. 269.

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

The owners of all lands having frontage on town, county or state highways within the Town of Woodbury, except lands within the Palisades Interstate Park and United States Military Reservation, shall, pursuant to Subdivision 5-a of § 64 of the Town Law, remove from such lands all rubbish and shall refrain from depositing rubbish on any portion of their lands which is visible from a public highway. If any such landowner shall fail to remove such rubbish, the Administrator shall serve upon him either personally or by certified mail a notice requiring him to do so. If, within the time stated in the notice, the rubbish shall not be removed, the Town Highway Department shall remove such rubbish and the costs thereof shall be assessed by the Town Board against the real property from which such rubbish was removed and shall constitute a lien and charge on said real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other town charges. The foregoing provision shall not apply to any lands lying within the bounds of state or county highways.

Dumping of garbage, trash, refuse or rubbish or other waste or discarded material on any lands within the town is hereby prohibited pursuant to Subdivision 6 of § 130 of the Town Law, except at a public dump operated by the Town of Woodbury or a private dump operated under a special permit of the Zoning Board of Appeals, which shall grant such permit after a public hearing when, in its judgment, the public convenience, safety and welfare will be substantially served and the appropriate use of neighboring properties will not be injured thereby, and subject to such conditions and safeguards as may be imposed by the Board to carry out the foregoing objectives.

Littering or the deposit of any dirt, filth, waste or rubbish in any street, highway, sidewalk or public place is hereby prohibited pursuant to Subdivision 7 of § 130 of the Town Law. The Superintendent of Highways shall erect signs on all public highways within the town warning motorists that littering is prohibited and stating the maximum penalty for violation of this section.

[Amended 6-16-1977 by L.L. No. 15-1977; 10-4-1990 by L.L. No. 10-1990]

Any person committing an offense against any provision of this article shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not to exceed $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense for each day (24 hours) shall be deemed a distinct and separate violation.

The Town Board periodically provides for an annual trash pickup, tire collection or similar pickup programs to assist the taxpayers of the Town of Woodbury to dispose of various things they accumulate as property owners. In conjunction with such a pickup program, the Town Board has adopted regulations in order to expedite such pickup and, upon completion of the pickup, to restore the town's property, including roads, to its former condition. Editor's Note: The regulations referred to in this article are on file in the office of the Town Clerk. From time to time there have been violations of the town's rules and regulations pertaining to such pickup programs, and the Town Board is desirous to implement a penalty provision for such violations.

Any person who violates the town's rules and regulations pertaining to the pickup of any trash, tires or any other debris shall be punishable by a fine not exceeding $500 for each violation. Each day or part thereof that a violation continues shall be deemed a separate violation.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 5-3-2007 by L.L. No. 3-2007. Amendments noted where applicable.]

GENERAL REFERENCES
Building construction — See Ch. 96.
Environmental quality review — See Ch. 135.
Fees — See Ch. 143.
Flood damage prevention — See Ch. 159.
Flood hazard areas — See Ch. 161.
Illicit discharges and connections — See Ch. 185
Subdivision of land — See Ch. 272.
Zoning — See Ch. 310.

It is hereby determined that:

A.	Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition;
B.	This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species;
C.	Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;
D.	Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation;
E.	Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;
F.	Substantial economic losses can result from these adverse impacts on the waters of the municipality;
G.	Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;
H.	The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety.
I.	Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.

The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within the Town of Woodbury and to address the findings of fact in § 267-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:

A.	Meet the requirements of minimum measures 4 and 5 of the NYS Department of Environmental Conservation (NYSDEC) State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or revised;
B.	Require land development activities to conform to the substantive requirements of the NYSDEC SPDES General Permit for Construction Activities GP-02-01, or as amended or revised;
C.	Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels;
D.	Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;
E.	Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and
F.	Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.

In accordance with § 10 of the Municipal Home Rule Law of the State of New York, the Town Board of Woodbury has the authority to enact local laws and amend local laws for the purpose of promoting the health, safety or general welfare of the Town of Woodbury and for the protection and enhancement of its physical environment. The Town Board of Woodbury may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law.

A.	This chapter shall be applicable to all land development activities as defined in this chapter, § 267-7.
B.	The municipality shall designate a Stormwater Management Officer who shall accept and review (or delegate review of) all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The Stormwater Management Officer shall review the plans, and may, where authorized to do so, engage the services of a registered professional engineer to review the plans, specifications and related documents with the cost paid from an escrow account established pursuant to § 143-3, or, at the Stormwater Management Officer's discretion, accept the certification of a licensed professional that the plans conform to the requirements of this chapter.
C.	All land development activities subject to review and approval by the applicable board of the Town of Woodbury under subdivision, site plan, and/or special permit regulations shall be reviewed subject to the standards contained in this chapter.
D.	All land development activities not subject to review as stated in Subsection C shall be required to submit a stormwater pollution prevention plan (SWPPP) (if required under the NYSDEC General SPDES Permit) to the Stormwater Management Officer who shall accept the SWPPP if it complies with the requirements of this chapter.

The following activities may be exempt from review under this chapter unless the Town Board on recommendation from the Stormwater Management Officer, rescinds the exemption:

A.	Agricultural activity as defined in this chapter.
B.	Silvicultural activity, except that landing areas and log haul roads are subject to this chapter.
C.	Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.
D.	Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.
E.	Any part of a subdivision, if a plat for the subdivision has been approved and a building permit issued by the Town of Woodbury on or before the effective date of this chapter, is exempted from review under the provisions of this chapter but not from the maintenance requirements of the facilities reviewed and approved under the provisions then in effect by the reviewing agency.
F.	Land development activities for which a building permit has been approved on or before the effective date of this chapter with the exception of the maintenance requirements of the facilities reviewed and approved by the reviewing agency.
G.	Cemetery graves.
H.	Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
I.	Emergency activity necessary to protect life, property or natural resources.
J.	Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family.
K.	Landscaping and horticultural activities in connection with an existing structure.
L.	Development of single-family homes on lots of less than one acre.

This chapter shall take effect upon filing with the Secretary of State.

The terms used in this chapter or in documents prepared or reviewed under this chapter shall have the meaning as set forth in this section.

AGRICULTURAL ACTIVITY — The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.

APPLICANT — A property owner or agent of a property owner who has filed an application for a land development activity.

BUILDING — Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.

CHANNEL — A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

CLEARING — Any activity that removes the vegetative surface cover (or removes impervious surfaces exposing soils that are not immediately recovered with impervious surfaces).

DEDICATION — The deliberate appropriation of property by its owner for general public use.

DEPARTMENT — The New York State Department of Environmental Conservation.

DESIGN MANUAL — The "New York State Stormwater Management Design Manual," most recent version, including applicable updates, which serves as the official guide for stormwater management principles, methods and practices.

DEVELOPER — A person who undertakes land development activities.

EROSION CONTROL MANUAL — The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book."

GRADING — Excavation or fill of material, including the resulting conditions thereof.

IMPERVIOUS COVER — Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc).

INDUSTRIAL STORMWATER PERMIT — A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

INFILTRATION — The process of percolating stormwater into the subsoil.

JURISDICTIONAL WETLAND — An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

LANDOWNER — The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

MAINTENANCE AGREEMENT — A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

NONPOINT SOURCE POLLUTION — Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include but not be limited to pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

PHASING — Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.

POLLUTANT OF CONCERN — Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

PROJECT — Land development activity.

RECHARGE — The replenishment of underground water reserves.

SEDIMENT CONTROL — Measures that prevent eroded sediment from leaving the site.

SENSITIVE AREAS — Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, and habitats for threatened, endangered or special concern species.

STABILIZATION — The use of practices that prevent exposed soil from eroding.

STOP-WORK ORDER — An order issued which requires that all construction activity on a site be stopped.

STORMWATER — Rainwater, surface runoff, snowmelt and drainage, including but not limited to roof and footing drains.

STORMWATER HOTSPOT — A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.

STORMWATER MANAGEMENT — The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.

STORMWATER MANAGEMENT FACILITY — One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.

STORMWATER MANAGEMENT OFFICER — An employee or officer designated by the municipality to accept and review (or delegate review) stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect (or delegate inspection) stormwater management practices.

STORMWATER MANAGEMENT PRACTICES (SMPS) — Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies, such as practices listed in Schedule A. Editor's Note: Schedule A is included at the end of this chapter.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP) — A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

STORMWATER RUNOFF — Flow on the surface of the ground, resulting from precipitation

SURFACE WATERS OF THE STATE OF NEW YORK — Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons, which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water, which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.

WATERCOURSE — A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

WATERWAY — A channel that directs surface runoff to a watercourse or to the public storm drain.

Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this chapter.

Contents of stormwater pollution prevention plans. All SWPPPs shall provide the following background information and erosion and sediment controls:

(1)	Background information about the scope of the project, including location, type and size of project.
(2)	Site map/construction drawing(s) for the project, at a scale no less than one inch equals 100 feet, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s);
(3)	Description of the soil(s) present at the site;
(4)	Construction phasing plans describing the intended sequence of construction activities approved by the planning board or other reviewing agency shall be followed during construction or the developer shall return to the board for further approval of any significant revisions. Such plans shall include sequence of clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control ("Erosion Control Manual"), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;
(5)	Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;
(6)	Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill-prevention and response;
(7)	Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project, from initial land clearing and grubbing to project close-out;
(8)	A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
(9)	Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
(10)	Temporary practices that will be converted to permanent control measures;
(11)	Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;
(12)	Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
(13)	Name(s) of the receiving water(s);
(14)	Delineation of SWPPP implementation responsibilities for each part of the site;
(15)	Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and
(16)	Any existing data that describes the stormwater runoff at the site.

Land development activities as defined in § 267-7 and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection C(1), (2) and (3) below as applicable:

(1)	Condition A: Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a Total Maximum Daily Load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
(2)	Condition B: Stormwater runoff from land development activities disturbing five or more acres.
(3)	Condition C: Stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.

SWPPP requirements for Conditions A, B and C:

(1)	All information in Subsection B of this section.
(2)	Description of each postconstruction stormwater management practice;
(3)	Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice;
(4)	Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
(5)	Comparison of post-development stormwater runoff conditions with predevelopment conditions;
(6)	Dimensions, material specifications and installation details for each postconstruction stormwater management practice;
(7)	Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice;
(8)	Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property;
(9)	Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 267-9 of this chapter.

Plan certification. The SWPPP shall be prepared by a certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this chapter.

Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.

Contractor certification.

(1)	Each contractor and subcontractor who will be involved in soil disturbance and/or stormwater management practice installation identified in the SWPPP shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
(2)	The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
(3)	The certification statement(s) shall become part of the SWPPP for the land development activity.

A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

All land development activities shall be subject to the following performance and design criteria:

Technical standards: For the purpose of this chapter, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this chapter:

(1)	The "New York State Stormwater Management Design Manual" (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual");
(2)	"New York Standards and Specifications for Erosion and Sediment Control," (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").

Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the state of New York.

Maintenance during construction.

(1)

The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

(2)

The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be delivered to the Stormwater Management Officer weekly and also copied to the site logbook.

Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Woodbury to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The grantor in the office of the County Clerk shall record the easement after approval by the counsel for the Town of Woodbury.

Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall operate and maintain the stormwater management practices to achieve the goals of this chapter. Proper operation and maintenance also includes as a minimum, the following:

(1)	A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances), which are installed or used by the owner or operator to achieve the goals of this chapter.
(2)	Written procedures for operation and maintenance and training new maintenance personnel.
(3)	Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with Article 2, section 3.2.

Maintenance agreements. The Town of Woodbury shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this chapter, entitled "Sample Stormwater Control Facility Maintenance Agreement." Editor's Note: Schedule B is included at the end of this chapter. The Town of Woodbury, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. The Town of Woodbury may, at its discretion, establish drainage districts to pay for all future maintenance costs.

If the provisions of any article, section, subsection, paragraph, subdivision or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this chapter.

Erosion and sediment control inspection.

(1)

The Town of Woodbury Stormwater Management Officer may require such inspections as necessary to determine compliance with this chapter and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this chapter and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Woodbury enforcement official or his designee at least 48 hours before any of the following as required by the Stormwater Management Officer (for each phase of construction, if applicable):

(a)	Start of construction;
(b)	Installation of sediment and erosion control measures;
(c)	Completion of site clearing;
(d)	Completion of rough grading;
(e)	Completion of final grading;
(f)	Close of the construction season;
(g)	Completion of final landscaping;
(h)	Successful establishment of landscaping in public areas.

(2)

If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and take required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer.

Stormwater management practice inspections. The Town of Woodbury Stormwater Management Officer, or his designee, will conduct inspections of stormwater management practices (SMPs). All applicants are required to submit as-built plans for any stormwater management practices located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.

Inspection of stormwater facilities after project completion. Inspection programs shall be established on a reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections based on possible impacts to highly sensitive or valuable community water resources; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.

Submission of reports. The Town of Woodbury Stormwater Management Officer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.

Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Town of Woodbury the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.

A.	Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Woodbury in its approval of the Stormwater Pollution Prevention Plan, the Town of Woodbury will require the applicant or developer to provide, prior to construction, a performance bond, per § 92-4, which guarantees satisfactory completion of the project and names the Town of Woodbury as the beneficiary. The performance guarantee shall remain in force until the surety is released from liability by the Town of Woodbury, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town of Woodbury.
B.	Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town of Woodbury with a maintenance guarantee to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. Such guarantee shall be in conformance with the provisions of § 92-4 of the Woodbury Code in terms of the rating of the financial institution for any portion not in the form of cash, the form of the bond, the multiplier to be added to the estimate, the procedures for bond release and other administrative matters related to this performance guarantee. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Woodbury, after giving reasonable notice for non-emergencies, may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
C.	Recordkeeping. The Town of Woodbury may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.

Notice of violation. When the Town of Woodbury determines that a land development activity is not being carried out in accordance with the requirements of this chapter, it may issue a written notice of violation to the landowner. The notice of violation shall contain:

(1)	The name and address of the landowner, developer or applicant;
(2)	The address, when available, or a description of the building, structure or land upon which the violation is occurring;
(3)	A statement specifying the nature of the violation;
(4)	A description of the remedial measures necessary to bring the land development activity into compliance with this chapter and a time schedule for the completion of such remedial action;
(5)	A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(6)	A statement that the determination of violation may be appealed to the local justice court by filing a written notice of appeal within 15 days of service of notice of violation.

Stop-work orders. The Town of Woodbury may issue a stop-work order for violations of this chapter. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Woodbury confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.

Violations. Any land development activity that is commenced or is conducted contrary to this chapter, may be restrained by injunction or otherwise abated in a manner provided by law.

Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be guilty of a violation punishable by a fine of not less than $250 and not exceeding $500 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $500 nor more than $1,000 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $1,000 nor more than $5,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each day's continued violation shall constitute a separate additional violation.

Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this chapter, the Stormwater Management Officer may prevent the occupancy of said building or land.

Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Woodbury may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

The Town of Woodbury may require any person undertaking land development activities regulated by this chapter to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Woodbury or performed by a third party for the Town of Woodbury.

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

GENERAL REFERENCES
Prohibited parking — See Ch. 227.
Use of snowmobiles — See Ch. 261.
Subdivision of land — See Ch. 272.

ARTICLE I Winter Parking Regulations [Adopted 4-8-1963; amended in its entirety 1-3-2005 by L.L. No. 2-2005]

Legislative intent. By the adoption of this section, the Town of Woodbury declares its intent to regulate the parking of motor vehicles on any public street within the Town of Woodbury from November 15 to April 15 of every year. This section is enacted in order to facilitate the proper removal of snow and ice accumulations on any public street within the Town of Woodbury. Reference is made to the Municipal Home Rule Law of the State of New York, § 22, for legislative authority to so enact this section.

Definitions.

(1)	The words and phrases and definitions of words as used in the New York State Town Law shall be applied in the enforcement of this section.
(2)	Additionally, specific reference is made to the following definitions:
	PARKING — Leaving a motor vehicle with its motor off, occupied or not occupied, or any other vehicle in a stationary position within limits of a public street other than for the purpose of and while actually engaged in the loading or unloading of merchandise or receiving or discharging passengers.
	SNOW AND/OR ICE PRESENT — When it is snowing, sleeting, freezing rain or there is an accumulation of the same on the paved portion of the Town roadway.
	STANDING — Leaving a motor vehicle with its motor on, occupied or not occupied, or any other vehicle in a stationary position within limits of a public street other than for the purpose of and while actually engaged in the loading or unloading of merchandise or receiving or discharging passengers.

A.	During the following period, November 15 to April 15 of each calendar year, it shall be unlawful for any person to park a motor vehicle or to allow that vehicle to remain parked anywhere on any public street in the Town of Woodbury when snow and/or ice is present.
B.	In order to assist the operators of motor vehicles in the Town of Woodbury, signs shall be placed on any street leading into the Town of Woodbury with the wording, "No Parking on Any Street in the Town of Woodbury From November 15 to April 15 When Snow and/or Ice is Present."

A violation of this section upon conviction is punishable by a fine of up to $250. In addition, the Town Police Department is authorized to have the vehicle towed away at the owner's expense. The Town Police Department shall not release any such vehicle so removed until the cost, as certified to the Town Police Department, of removal towing and storage shall have been paid in full. The continuance of an offense for each day (24 hours) shall be deemed a distinct and separate violation.

[Amended 2-7-1991 by L.L. No. 1-1991]

No civil action shall be maintained against the Town of Woodbury or Town of Woodbury Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, sidewalk, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, sidewalk, bridge or culvert was actually given to the Town Clerk or Town Superintendent of Highways and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of.

[Amended 2-7-1991 by L.L. No. 1-1991]

No such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, sidewalk, bridge or culvert, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Superintendent of Highways and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.

The Town Superintendent of Highways shall transmit in writing to the Town Clerk within five days after the receipt thereof all written notices received by him pursuant to this article and Subdivision 2 of § 65-a of the Town Law. The Town Clerk shall cause all written notices received by him or her pursuant to this article and Subdivision 2 of § 65-a of the Town Law to be presented to the Town Board within five days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner.

It has become increasingly apparent to the Town Board that many purchasers of homes within subdivisions in the Town of Woodbury are left unprotected when it comes to snowplowing and/or ice control during the period prior to dedication of the roads or, in many instances, where the road is to remain a private road. Over the past two years, the Town Board has received many complaints from owners of new homes within subdivisions whose roads have not been dedicated and that streets are either never snowplowed, salted, sanded or inadequately maintained. As a result of such concern, the Town Board believes that it is necessary to adopt legislation to protect those property owners who reside on private roads so that the roads shall remain accessible during the winter period.

As used in this article, the following terms shall have the meanings indicated:

OWNER — Includes, without limitation, the terms "subdivider" and "developer."

PAVEMENT — Includes a macadam, asphalt, brick, concrete or other improved roadbed.

PRIVATE STREET — A street which has not been officially accepted as a public street by the Town Board, including, without limitation, streets which have been offered for dedication but which have not been accepted.

STREET — Includes a highway, road or avenue serving two or more residences, businesses or properties, or any combination thereof, as a means of vehicular access.

The owner of any private street shall have the legal responsibility and duty to provide snow and ice control on such private street. Said owner shall provide for the prompt removal of snow whenever the depth of uncompacted snow exceeds three inches. The snow shall be removed in such a manner as not to obstruct any public street. The owner shall have the further legal responsibility and duty to protect against slippery areas in the streets by proper and prompt application of sand and salt. Owners of private streets shall have the legal responsibility and duty of keeping such streets safe and open for travel. The determination of when to remove snow and ice shall be made by the Superintendent of Highways.

Owners of private streets shall have the legal responsibility and duty of keeping such streets in an acceptable and proper condition of repair. Private streets shall be kept free of potholes, cracks and defects in the pavement. The Town Board may, from time to time, adopt by resolution such specific technical standards as the Board determines necessary to assure compliance with this section.

The Planning Board shall provide, in approving any subdivision or site plan which provides for the creation of a private street, whether or not such private street is to be offered for dedication to the Town for means of private street maintenance in accordance with this article. The Planning Board shall require that an appropriate legend be placed on the map that the private street shall be the subject of a maintenance agreement pursuant to the terms of this article. No building located upon such private street shall be occupied nor shall any certificate of occupancy be granted unless provision for service pursuant to this article has been provided.

A.	The Planning Board, in approving a subdivision or site plan creating any private street, whether or not such street is to be offered for dedication to the Town, shall require as a condition to the approval that a cash bond, as approved by the Town Board, be deposited by the owner to assure compliance with this article. The Town Engineer and/or Superintendent of Highways shall be responsible for calculating the amount of the cash bond to be deposited by the owner. This cash bond or security shall be in addition to such other cash bond or security for performance which may be required by the Planning Board.
B.	Each year, the Town Engineer and/or Superintendent of Highways shall recalculate the amount of the cash bond posted by the owner, and, in the event that it is necessary to increase the amount of the bond due to the failure of the owner to comply with this article or due to the increased costs in maintaining and snowplowing the road, then the owner shall be required to post the additional cash bond within 14 business days after notification by the Town Engineer and/or Superintendent of Highways. If the owner fails or refuses to post the additional cash bond, then the Building Department may refuse to issue building permits and certificates of occupancy to the owner.
C.	When the road has been dedicated or a homeowners' association has taken over the responsibility of the road, then the balance of the cash bond deposited pursuant to this article shall be returned to the owner together with all accrued interest.

Simultaneously with the approval of site plan or subdivision, the Planning Board shall require the owner to execute a consent agreement permitting the Town, its employees or agents to enter onto the owner's private road for purposes of snowplowing and ice control only where the owner has defaulted in his duties pursuant to this article. The consent agreement shall provide that the owner agrees to indemnify and hold harmless the Town of Woodbury, its employees or agents from any responsibility or liability in removing such snow or ice from the owner's private road.

The Superintendent of Highways and/or his employees shall periodically check the private roads in a given development to ascertain whether or not the owner has complied with this article.

A.	If an owner defaults in his duties pursuant to this article, the Town Board, its employees or agents may undertake to do the necessary acts or provide the necessary services in removing snow and ice from the owner's private road. The Town Board shall be entitled to recover any and all costs in providing the services. If the owner defaults in his responsibility to reimburse the Town, a stop-work order may be issued on future development in the subdivision.
B.	For the purposes of this section, "default" shall mean the failure of the owner to provide snow and ice control within six hours of cessation of snowfall or the creation of the hazard. The Town Board, its employees or agents shall give notice of default by certified mail, except in an emergency situation which requires the immediate removal of snow or the alteration of a dangerous condition.
C.	The undertaking of the Town to provide services required of the owner upon the owner's default shall not relieve the owners to provide such services. The failure or omission by the Town to undertake to provide the required services upon the default of the owner shall not create any liability attributable to the Town.

Violation of this article shall be punishable by a fine not exceeding $1,000 for each violation. Each day or part thereof that a violation continues shall be deemed a separate violation.

For the purposes of this article, the following terms shall have the meanings indicated:

DRIVEWAY — Any means used or intended to be used to allow for vehicular ingress or egress to a Town highway.

DRIVEWAY ENTRANCE OR EXIT — That part of the driveway that abuts a Town highway.

PERSON — Any person, firm, partnership, corporation, association or legal representative acting individually or jointly, including public utility and transportation corporations.

SUPERINTENDENT OF HIGHWAYS — The duly elected Superintendent of Highways of the Town of Woodbury or any member of his department authorized to act on his behalf.

TOWN HIGHWAY — The land included within the right-of-way of any street, road, highway or lane that has been acquired by, dedicated to and accepted by the Town of Woodbury, either formally or by actual use by the public.

No person shall open or excavate in any Town highway or construct, reconstruct, alter or relocate any new or existing driveway entrance or exit abutting a Town highway or cause the same to be done for any purpose whatsoever until a permit therefor has been issued by the Superintendent of Highways upon written application as provided for in this article. A separate permit shall be required for each such highway opening or driveway entrance or exit construction, reconstruction, alteration or relocation.

In the case of new construction of any structure which shall be serviced by a driveway giving access to or from a Town highway, the Building Inspector of the Town shall not issue a building permit until a permit required by this article has been issued.

An application for a permit shall be made to the Superintendent of Highways in writing and shall contain the following:

(1)

The name and address of the applicant.

(2)

The name and address of the owner of the property upon which or in front of which the work is to be done.

(3)

A statement of the work to be done, including the date to be commenced and completed.

(4)

In the case of driveways, a sketch of the work to be done, including:

(a)	A profile from the crown of the road to a point 30 inches inside of the property line.
(b)	The location of any tiles or drainage system, water mains or other public utility conduits.

(5)

Any additional information the Superintendent of Highways may deem necessary to act on the application.

An application shall be accompanied by the appropriate application fee. A record of all applications and security deposits shall be kept on file in the Town Building Department's office.

The application fee for a permit required by this article shall be $50.

In addition, the Superintendent of Highways may require a bond in a form of money sufficient to repair or replace any work done by the applicant. The bond shall be used by the Town to secure the proper performance of the work, for allowing the permit to be issued and for the replacement, repair or restoration of any part of the Town highway in such a condition as may be required by the Superintendent of Highways. Upon the issuance of a certificate of completion, the Town shall refund the full amount of the security deposit. The amount of the within bond shall be 21/2 times the amount that is calculated by the Superintendent of Highways pursuant to this subsection.

In the event that the permittee shall fail, in the judgment of the Superintendent of Highways, to satisfactorily perform the work for which the permit is issued or to comply with any condition, rule or regulation imposed or promulgated by the Superintendent of Highways within 10 days after notice to him to so perform has been served, the Superintendent of Highways shall use the security deposit to satisfactorily complete the work or restoration of the Town highway and place the same in a proper and safe condition for public travel. The security deposit may also be applied against any costs, liabilities or damage the Town may become liable for as a result of the performance or lack thereof of the work covered by the permit. Any balance remaining on hand after such expenditure by the Superintendent of Highways shall be returned to the permittee forthwith.

No permit shall be issued by the Superintendent of Highways unless the applicant submits with his application a certificate of insurance issued by an insurance company authorized to do business in the State of New York and in a form acceptable to the Town Attorney certifying that the applicant has in full force and effect a policy of public liability insurance providing for bodily injury coverage, including wrongful death, of no less than $300,000 for all such injuries arising out of one accident and $100,000 for any one such injury and $50,000 for any property damage. Such certificate shall also disclose that the policy shall incorporate provisions as follows:

(1)	That the Town of Woodbury is held harmless from all claims, actions and proceedings brought against it for injury to person or property resulting from or occasioned by such work of the permittee.
(2)	That it shall not be canceled, terminated or modified unless 10 days' prior written notice is given to the Town Board by registered mail addressed to the Supervisor and the Superintendent of Highways.
(3)	That the presence of an inspector or engineer on behalf of the Town of Woodbury at the site of such work shall not affect the obligation of the insurer under the policy.

No permit shall be valid unless such insurance is in full force and effect during the entire term of the permit.

A.	The Superintendent of Highways shall review all applications for a permit and either approve, disapprove or approve the same upon certain conditions he believes are essential to the proper performance of the work and the safety and well-being of the community or individuals using the driveway or highway.
B.	In passing upon such applications, the Superintendent of Highways shall take into consideration the safety and well-being of the community and the public who shall use the Town highway affected or to which a driveway shall give access, as well as the safety and well-being of the individuals who shall use or be affected by such driveway.
C.	A record of all permits issued shall be kept on file in the Town Clerk's office.

Any work that shall take place within a Town highway shall be completed with all possible dispatch. Such work shall be performed in the manner and upon the conditions permitted by the Superintendent of Highways, and, in addition, the permittee shall:

Keep at least 1/2 of the Town highway open to vehicular and pedestrian traffic at all times.

Erect suitable safeguards and barriers surrounding the work for the protection of persons and vehicles using the highway in the daytime and shall cause the same to be marked by adequate lights or flares from sunset to sunrise, conforming in kind and number to requirements of the Superintendent of Highways. In the event that any person shall fail in the opinion of the Superintendent of Highways to adequately erect such safeguards and barriers, lights or flares, the Superintendent of Highways shall revoke any permit previously issued forthwith without any notice and proceed immediately to take such steps as may be necessary to protect the public from injury. He shall use the security deposit applicable to the permit revoked to defray whatever costs he may incur in taking such action.

A.	All work for which a permit is issued shall be fully completed within 10 days after the completion date slated in the application. In the event that such work is not so completed, the Superintendent of Highways may revoke such permit and effect the final completion of the work. In such event the Superintendent of Highways shall apply the amount of the security deposit against the cost of such completion. In any event the permittee shall be personally liable for the full cost of such completion.
B.	Upon satisfactory completion of the work and payment of all fees and damages incurred, the Superintendent of Highways shall issue a certificate of completion. In the case of new construction of any structure which shall be serviced by a driveway giving access to or from a Town highway, the Building Inspector shall not issue a certificate of occupancy therefor until a certificate of completion required by this article has been issued or the Superintendent of Highways has informed the Building Inspector that he has completed the work as authorized by this article.
C.	A permittee shall be obligated to maintain and repair all work covered by his permit for a period of six months from the date a certificate of completion is issued and shall be liable to the Town for any costs incurred by it in effecting such maintenance or repairs during such time. The security deposit required by § 269-21 shall be retained for a period of six months after the issuance of the certificate of completion to guarantee that such work is satisfactory.

A.	Any person who violates or causes or participates in any violation of the provisions of this article or any rules, conditions or regulations imposed or promulgated under the authority of this article shall be deemed to have committed an offense.
B.	Every violation of the provisions of this article or any condition, rule or regulation imposed or promulgated under the authority of this article shall be considered a separate and distinct offense, and, in the case of a continuing violation, every day's continuance thereof after any required notice is given shall be deemed a separate and distinct offense.
C.	A conviction of any such violation shall be punishable by a fine not to exceed $250 for each violation or imprisonment for a term not to exceed 15 days, or both.

ARTICLE V Street, Curb and Sidewalk Specifications [Adopted 6-1-1995 by L.L. No. 8-1995]

Definitions and word usage. Unless otherwise expressly stated, the following terms shall, for the purpose of these regulations, have the meanings herein indicated. Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "person" includes a corporation as well as an individual.

STREET — A way for vehicular traffic, whether designated as a street, highway, parkway, throughway, road, avenue, boulevard, lane, place or however else designated. The term "street" includes the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, planted strips, parking areas and other areas within such street lines.

STREET, COLLECTOR — A street which carries traffic from minor streets to the system of highways, including the principal entrance streets of large residential developments.

STREET, LOCAL OR MINOR — A street intended to serve primarily as an access to abutting properties.

STREET, MAJOR OR TOWN ARTERIAL — A street which serves or is designated to serve heavy flows of through traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic between communities and/or other heavy-traffic-generating areas.

STREET PAVEMENT — The wearing or exposed surface of the roadway used by vehicular traffic.

STREET RIGHT-OF-WAY — The full width of a street as shown on the Official Map, a subdivision or site plan, whether acquired through dedication or by use or to be acquired in the future. It may include pavement, shoulders, ditches, gutters or culverts. It shall be defined in metes and bounds and be filed with the Orange County Clerk unless it is an existing road used and maintained by the public for a period of 10 years or more.

STREET WIDTH — The width of the right-of-way, measured at right angles to the center line of the street.

SUPERINTENDENT OF HIGHWAYS — The Highway Superintendent of the Town of Woodbury.

TOWN — The Town of Woodbury in the County of Orange and the State of New York.

TOWN BOARD — The Town Board of the Town of Woodbury.

TOWN ENGINEER — The duly designated engineer of the Town.

Applicability. All streets hereafter taken over by the Town pursuant to § 171 of the Highway Law shall conform to the following requirements and specifications:

(1)

Location. The location and length of the road shall be shown on a map with a survey description submitted by the owner to the Town Board, and the location of the boundaries as shown on such map shall be monumented on the ground by the developer's engineer or surveyor, at the expense of the owner, at all breaks in the boundary lines and any other points reasonable and necessary, with a one-and-one-half-inch iron pipe not less than 18 inches in length, encased in concrete not less than one foot in depth to enable a surveyor to locate it at all times on the ground boundary lines of said proposed road. Such survey description and map shall be in a form that, it shall receive the approval of the County Superintendent as required in § 170 of the Highway Law.

(2)

Width. The road shall have a right-of-way and pavement width as provided below and in accordance with the determination of the Planning Board as specified on the approved final subdivision and/or site plan.

(a)

Abutting nonconforming widths. In the event that a development adjoins existing streets that do not conform to widths shown on the Master Plan, Official Map or street width requirements of this article, additional land along either or both sides of the street, sufficient to conform to the right-of-way requirements, shall be dedicated for facilities customarily located on street rights-of-way.

(b)

Width table. The minimum public street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule. In no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street, although a greater width may be required in accordance with the following schedule: [Amended 10-3-1996 by L.L. No. 11-1996; 4-2-1998 by L.L. No. 4-1998]

Type	R-O-W Width (feet)	Traffic Lanes No. @ Width (feet)	Shoulder Width Within Gutters (feet)	Curb Type 1	Width Between Gutters (feet)
Major	60	2 @ 15	1.5 (paved)	R	30
Collector	50	2 @ 12	1.5 (paved)	R	30
Collector3	50	2 @ 15	--	V	30
Local	502	2 @ 15	--	V	30
Local	502	2 @ 13.5	1.5 (paved)	R	27

	NOTES:
	1	R = roll-type; V = vertical face.
	2	Except as waived by the Highway Superintendent pursuant to the Highway Law, § 171; see Subsection C below.
	3	Where required by the Planning Board for reasons of pedestrian safety, erosion control, traffic channelization or other specific planning concerns.

(3)

Line and grade.

(a)

Grades. Longitudinal grades on all streets shall not exceed 10% and shall be no less than 1%, except that the Planning Board may increase the maximum to 12% and the minimum to 0.5% for local roads where special topographic conditions make strict compliance impractical.

(b)

Vertical curves. All changes in grade of 1% or greater shall be connected by a vertical curve having a length of at least 50 feet for each two-percent difference in grade, or portion thereof, and providing minimum sight distances of 200 feet for local streets or greater as required by the ITE for the design speed.

(c)

Cross slope. Minimum cross slope shall be 2%; maximum cross slope shall be 4% unless super-elevation is permitted, in which case the road shall be designed in accordance with the ITE Manual.

(d)

Horizontal curves. The minimum center-line radius on horizontal curves shall be 100 feet for local streets, 250 feet for collector streets and 350 feet for major streets, except that in no case shall the sight distance be less than that required by the ITE Manual for the design speed. Where because of the shape of the land to be subdivided or topography it is not feasible to adhere to a minimum radius of 100 feet for local streets, the pavement may be widened and the radius decreased as authorized by the Planning Board and Highway Superintendent.

(e)

Intersections. Street intersections shall be as nearly at right angles as possible, and in no case shall they be less than 60°. No more than two streets shall meet or intersect at any one point and the center lines of both intersecting streets shall pass through a common point. Sight distances shall comply with ITE recommendations for the type of traffic control at the intersection.

(f)

Corners. The block corners of intersections shall be rounded at the curbline, with the street having the highest radius requirement determining the minimum standards for all curblines:

	Type	Feet
	Major	40
	Collector	35
	Local	25

(4)

Roadbed. Pavement width and quality of materials shall meet the standards set forth by county or state engineers when paving concerns roads under their jurisdiction. Streets under the jurisdiction of the Town shall meet the following:

(a)	General specifications. Construction shall be in accordance with the Standard Construction and Detail Sheets, as promulgated by the Town Engineer and adopted by the Town, and the New York State Department of Transportation "Standard Specifications." (See details at end of chapter. Editor's Note: The details are on file in the Town offices. )
(b)	Subbase. On all public and private streets, the subbase course shall be a minimum of eight inches' compacted thickness stone, run-of-bank gravel or quarry process stone, applied over a compacted (95% proctor) subgrade.
(c)	Base course. On all local and collector Town roads, the base course shall be three inches of bituminous concrete (NYSDOT Type 1). On major Town roads, the base course shall be a minimum of four inches of bituminous concrete (NYSDOT Type 1), constructed in two layers each of not less than two inches of compacted thickness. Thicker courses may be required, if recommended by the Town Engineer, based on anticipated truck traffic.
(d)	Surface course. The surface course for all Town roads shall consist of two inches of bituminous concrete (NYSDOT Type 7).
(e)	Pumping/poor subgrade. Where subgrade conditions are yielding or otherwise unsatisfactory, in the opinion of the Town Engineer, all unsuitable material shall be removed and replaced with suitable material to the satisfaction of the Town Engineer.

(5)

Drainage. Roads shall be constructed with, storm drains, ditches, culverts and other structures to provide adequate drainage. Maximum distances between inlets shall be 400 feet. Frame and covers shall be in accordance with the current requirements of the Highway Superintendent. Inlets shall be installed at all intersections. Drainage computations for pipe sizing shall be based on a ten-year storm. Stormwater runoff control shall be part of a comprehensive stormwater management plan based on procedures outlined in the New York State Department of Conservation's Technical Operation Guidance Series (T.O.G.S.) 5.1.8 and 5.1.10. The rate of stormwater runoff shall be kept at or below predevelopment conditions and shall be analyzed for the two-, ten- and one-hundred-year storms as well as the one-half-inch "first flush" for water quality preservation. Pipe shall be reinforced concrete pipe (RCP), Class III, with a minimum pipe size of 15 inches. Culverts traversing private driveways shall be at least 15 feet long. Materials of construction shall be in accordance with the current requirements of the Highway Superintendent. Adequacy of stormwater management design shall be determined by the Town Engineer.

(6)

Culs-de-sac. Culs-de-sac shall be no more than 1,200 feet in length but shall provide access to no more than 25 single-family detached dwellings or no more than 50 dwelling units other than single-family detached dwellings. A turnaround shall be provided at the end of the cul-de-sac with a radius of 50 feet on the curbline plus a utility and planting strip of 10 feet around the entire cul-de-sac. The center point for the radius shall be the center line of the associated street or, if offset, offset to a point where the radius becomes tangent to the right curbline of the associated street.

Right-of-way reduction. Where a right-of-way width of 50 feet shall be impractical or cause undue hardship, a lesser width may be approved, provided that the Highway Superintendent shall certify, in writing, the necessity therefor as required in § 171 of the Highway Law.

Performance guaranties shall be furnished by the developer in accordance with § 272-2 of the Town Code. At the time of final acceptance of the road, a maintenance bond shall be furnished by the developer for any structural defects in said road for a period of one year. The amount of bond will be determined by Town Board and Superintendent of Highways and shall be based on the following:

Town Engineer's Estimate of Public Improvements	Maintenance Bond Amount
$200,000 or less	$20,000
$200,000 to $500,000	10% of estimate
$500,000 to $1,000,000	$50,000 plus 5% of excess over $500,000
$1,000,000 or more	7.5% of estimate

Curbs. Curbing, either Belgian block, granite or concrete, shall be installed at all street intersections up to the point of tangency; where stormwater velocities exceed the erosion velocities specified in the New York DEC Soil Erosion and Sedimentation Control Standards, T.O.G.S. 5.1.8; for traffic channelization and control; for public safety; and/or for streets or other areas where on-street parking is permitted and/or is likely to occur. All curbing shall be placed in a manner approved by the Town or other appropriate governmental authority. Curb construction shall be in accordance with the Standard Construction and Detail Sheets, as promulgated by the Town Engineer and adopted by the Town Board, and as specified by the New York State Department of Transportation Standard Specifications. Depressed curb ramps for handicapped access shall be installed at all intersections in accordance with law.

Sidewalks.

(1)

Major streets. Sidewalks shall be required on both sides of all existing and proposed streets serving major roads unless specifically waived by the Planning Board.

(2)

Local and collector streets. Sidewalks on collector and local streets in nonresidential and in residential cluster developments shall be required, at the Planning Board's discretion, depending on probable volume of pedestrian traffic, the type of development and any alternate plans for movement of people and bicycles.

(3)

Sidewalks on collector and local streets in residential developments other than cluster developments shall be in accordance with the following schedule:

	Average Lot Size	Sidewalk Requirements
	2 acres or larger	None except at intersections at discretion of Planning Board
	Less than 2 acres	Required on both sides of street at discretion of Planning Board

(4)

Specifications. Where required, sidewalks shall be at least four feet wide and shall be four inches to six inches thick (at driveways) on a gravel bed at least four inches thick. Sidewalks shall be concrete and shall be constructed in accordance with the Standard Construction and Detail Sheets as promulgated by the Town Engineer in accordance with law. (See table at end of chapter. Editor's Note: The table is on file in the Town offices. )

(5)

Alternate pathways. In the case of developments where pathway networks, other than sidewalks, are permitted, bituminous concrete, special-treatment concrete or stone pathways may be used. Special concrete pathways (exposed aggregate, Bomanite, etc.) shall be constructed of three-thousand-pounds-per square-inch (minimum) air-entrained concrete, four inches thick (minimum), four feet wide (minimum) and reinforced. Expansion joints shall be every 20 feet and shall extend the full depth and width of the concrete. Construction joints shall be located every five feet. Paved pathways shall have not less than three inches of compacted base course (Type 1). Stone pathways shall be constructed in accordance with the Standard Construction and Detail Sheets. Where path subgrade is yielding or otherwise unsatisfactory in the opinion of the Town Engineer, all unsuitable material shall be removed and replaced.

Unless otherwise noted, materials for concrete sidewalks and curbs shall be New York State Department of Transportation Class A concrete (4,000 pounds per square inch, 6% air-entrained). Hand-mixed concrete shall meet the requirements of the Town Engineer.

The construction of concrete sidewalks and curbs shall be in accordance with the New York State Department of Transportation Standard Specifications.

[Amended 10-3-1996 by L.L. No. 11-1996]

The foregoing specifications contained in this article may be waived by approval of both the Town Board and the Highway Superintendent.

The purpose of this article shall be to preserve the public peace and good order in the Town, to contribute to the public welfare, safety and good order of its people and to contribute to the safe conveyance of its people over the streets and sidewalks of the Town by establishing certain regulations for the removal of snow and ice from the streets and sidewalks of the Town that are consistent with the rights and privileges of other residents of the Town.

No person, firm or corporation shall deposit, throw, place or strew nor shall any person, firm or corporation cause to be deposited, thrown, placed or strewn, any snow or ice upon any street, avenue, roadway or highway within the Town.

A.	No person, firm or corporation shall pile, gather up, plow up or in any way force any snow or ice upon any street, avenue, roadway or highway within the Town.
B.	No person, firm or corporation shall pile, gather up, plow up or in any way force any snow or ice upon any terrace or parcel of land within six feet of any street, avenue, roadway or highway within the Town in such a manner as to cause the height of the snow and ice so piled, gathered, plowed or forced to exceed three feet six inches in height above the existing natural grade of said terrace or parcel of land within six feet of said street, except that it shall be unlawful to cover a fire hydrant with snow or ice.
C.	No person, firm, corporation, property owner or occupant shall remove snow or ice from any parcel of real property and place it upon another parcel of real property without the express permission of the owner of the parcel of real property upon which the snow or ice is to be placed.
D.	Any person, firm or corporation piling, gathering or plowing up snow or ice on any street, avenue, roadway or highway within the Town or to an excess height, as indicated in § 269-35B shall forthwith remove the same at their own expense upon the request of the Superintendent of Highways of the Town of Woodbury.
E.	Whenever any person, firm or corporation neglects or refuses to remove any snow or ice piled, gathered or plowed up by them in violation of this article within four hours after a request to do so by the Superintendent of Highways of the Town of Woodbury, the Town may remove or cause to be removed such accumulation at the expense of the owner or occupant of said property, and, upon the failure to pay the charge, the Town shall cause the expense thereof to be assessed against the property and become a lien thereon, collectible in the same manner as delinquent Town taxes.

Editor's Note: Former § 269-36, Duty to keep sidewalks clear, was repealed 12-18-2003 by L.L. No. 7-2003. This local law also renumbered former § 269-40 as 269-36.

The owners or occupants of buildings adjacent to sidewalks within the Town shall prevent the falling of snow, ice or water from such building upon said Town sidewalks.

Editor's Note: Former § 269-37, Time for removal, was repealed 12-18-2003 by L.L. No. 7-2003. This local law also renumbered former § 269-41 as 269-37.

Notwithstanding the provisions of § 269-39, whenever the owner or occupant of lots abutting on any street or streets fails to remove from the sidewalk in front thereof snow and ice within the time limit specified and provided for herein, said owner or occupant shall be subject to a fine not to exceed $25 for each offense.

Editor's Note: Former § 269-38, Icing of sidewalk, was repealed 12-18-2003 by L.L. No. 7-2003. This local law also renumbered former § 269-42 as 269-38 and repealed former § 269-39, Removal by Town.

This article shall supersede, in its application to the Town of Woodbury, Subdivisions 1 and 3 of § 65-a of the Town Law.

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

GENERAL REFERENCES
Planning Board — See Ch. 57.
Bonding: subdivisions and site plans — See Ch. 92.
Building construction — See Ch. 96.
Licensing of contractors — See Ch. 113.
Environmental quality review — See Ch. 135.
Fees — See Ch. 143.
Flood damage prevention — See Ch. 159.
Flood hazard areas — See Ch. 161.
Freshwater wetlands — See Ch. 165.
Illicit discharges and connections — See Ch. 185.
Open space administration — See Ch. 215.
Sewers — See Ch. 253.
Stormwater management and erosion and sediment control — See Ch. 267.
Streets and sidewalks — See Ch. 269.
Water — See Ch. 298.
Zoning — See Ch. 310.
Subdivision contractors — See Ch. A315.

No certificate of occupancy shall be issued for a building in a subdivision, as defined in the Woodbury Subdivision Regulations, Editor's Note: See Part 2, Subdivision Regulations, of this chapter. which building does not have frontage on an existing state, county or town highway until the street giving access to said building shall have been suitably improved to the satisfaction of the Town Board as adequate for access to said building by fire apparatus, ambulances and Town Highway Department trucks and equipment and as safe for passage to and from said building by the occupants thereof and the public. Such approval by the Town Board shall be required regardless of whether the improvement of said street shall have been bonded by the subdivider as required by the Woodbury Subdivision Regulations.

ARTICLE II Bonding and Dedication of Improvements [Adopted 6-20-1968, as amended through 10-17-1968]

[Amended 7-17-1980 by L.L. No. 8-1980; 6-4-1987 by L.L. No. 5-1987]

The following shall be completed prior to the issuance of a building permit:

A.	All water and sewer systems and other utilities shall be completed, and curbing, subbase and base course of roads shall be constructed.
B.	A bond shall be secured by the subdivider in a form approved by the attorney for the town and with surety acceptable to the Town Board in the form of cash or its equivalent or marketable securities guaranteeing final completion of the roads and the installation of sidewalks. Corporate sureties will not be accepted. Editor's Note: See also Ch. 92, Bonding: Subdivisions and Site Plans.

When the foregoing work has been completed and bond posted as above provided, building permits may be issued, but no building permits shall be issued prior thereto.

Certificates of occupancy will not be issued until roads and sidewalks are fully completed serving the houses for which certificates are sought.

Editor's Note: Former § 138-5, Fee for engineering inspection, was repealed 9-7-1989 by L.L. No. 10-1989.

At or before approval by the Planning Board of a subdivision, the subdivider must submit to the town an offer of dedication of all roads and utilities in the subdivision executed in duplicate, approved by the Town Engineer and the attorneys for the town and in form for recording in the County Clerk's office, together with a policy of title insurance insuring the facilities to be dedicated.

[Added 4-19-1973]

Before any public facilities are dedicated to the town, the developer must submit to the Town Engineer a report from a qualified engineer that the sewerage trunk and collector lines have all been installed pursuant to the New York State Health Department standards for waste collection systems and that the sewerage trunk and collector lines have in no way been damaged by the construction work in the area. The developer shall be required to submit through his engineer a television study of the pipelines, which report shall be certified by the developer's engineer.

[Added 4-6-1995 by L.L. No. 5-1995 Editor's Note: This local law also repealed former § 138-7, Waiver, added 4-5-1984 by L.L. No. 5-1984. ]

Notwithstanding the provisions of § 272-2, prior to the completion of the infrastructure in a subdivision, a developer shall be permitted to construct model homes within such subdivisions, provided that they have complied with the following:

Number of models. The total number of model homes shall not exceed 5% of the total number of lots within such subdivision.

Prior conditions. In order to secure building permits for model homes, the following shall be completed:

(1)	The subdivision must have final subdivision approval from the Woodbury Planning Board, and such map must be signed by the Chairman and filed in the Orange County Clerk's office.
(2)	All fees, including parkland fees, shall have been paid.
(3)	A building permit for site work improvements shall have been issued.
(4)	All other requirements of the Building Inspector (i.e., building plans, application, fees, etc.) shall be met.

Improvements; certificate of occupancy. Prior to the issuance of a certificate of occupancy for model homes, the following infrastructure improvements must be completed:

(1)	The road giving access to the model homes shall be graded and New York State Department of Transportation (NYSDOT) Item 4 placed and rolled with a ten-ton roller ready for binder course.
(2)	Heat and electricity shall be provided to the model home and an Electrical Underwriters inspection performed to the satisfaction of the Building Department.
(3)	All permanent or temporary water and sewer services to the model home shall be installed after prior approval by the Woodbury Water and Sewer Superintendent. Where a subdivision is to be improved with wells and septic systems, they shall be provided and installed prior to the issuance of certificates of occupancy for the model homes.
(4)	All ingress and egress to the model home shall be provided for emergency services.
(5)	Streetlighting shall be provided to the model homes or, if none is provided, the hours of operation for the model homes shall be limited to daylight hours.

It is the intent of this article to promote the general welfare of the people of the Town of Woodbury by providing for the protection of their lives, property, economics and well-being and to protect and preserve the environment by requiring all developers in subdivisions to install underground all utility facilities and to install adequate streetlighting facilities.

Utilities. The Town Board finds that on December 28, 1971, the New York State Public Service Commission ordered the underground installation of all utility facilities in new residential subdivisions of four or more dwelling units throughout the state. The aforesaid order applies only to the installation of electric distribution lines but does not include other utilities such as telephone, cable television, long distance telephone transmission lines, gas and any other utilities required in a subdivision. The Town Board further determines that the existence of overhead cables and wires on street poles is contrary to and detracts from the environmental and aesthetic values of the town.

Streetlighting. The Town Board further determines that growing population has brought with it a corresponding number of new developments which fail to provide adequate streetlighting. The failure of the developers to provide adequate streetlighting will result in a greater number of automobile accidents and increased crime, thereby jeopardizing our citizenry.

As used in this article, the following terms shall have the meanings indicated:

PERSON — An individual, firm, partnership, association, corporation or other legal entity.

RESIDENTIAL BUILDING AND MULTIPLE RESIDENCE CONTAINING THREE OR MORE DWELLING UNITS — Any building designed or occupied in whole or in part as a dwelling for one or two families or multiple residences.

SUBDIVISION — Any tract of land which is hereafter subdivided into four or more parcels along an existing or proposed street, highway, easement or right-of-way, for sale or for rent as residential lots or residential building plots, regardless of whether or not the lots or plots to be sold or offered for sale or leased for any period of time are described by metes and bounds or by reference to a map or survey of the property or by any other method of description. [Amended 7-15-1982 by L.L. No. 7-1982]

UTILITY — Includes electricity, gas, telephone, water, sewage, cable television and long distance telephone transmission lines, cables or pipelines, as the case may be, which are to be installed in new residential subdivisions.

All utility facilities in any residential subdivision, multiple residence development or planned unit development, including distribution lines and local service to the residential buildings, shall be installed underground within the roadbed between the curbs of the right-of-way to be dedicated to the town. Any service lines from the main distribution lines shall be installed under the roadbed. Such extensions of service shall be made by the utility companies in accordance with the provisions of this article and the regulations enacted by the New York State Public Service Commission.

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

Before any building permits shall be issued by the Administrator in new residential subdivisions, multiple residence developments or planned unit developments, the developer shall submit to the Town Engineer a map of the development showing the location of all streetlighting facilities, which map shall also be approved by the Orange and Rockland Utilities, Inc.

[Amended 4-15-1999 by L.L. No. 4-1999]

No underground installation of utility facilities shall be permitted and no streetlighting facilities shall be installed until the plans are approved by the Town Engineer. The Town Engineer shall require the developer to first receive approval of the plans from the utility company which is to render service in the subdivision before he approves the plans. Where possible, such plans should be submitted to the Planning Board prior to receiving final subdivision approval, but where final subdivision approval has been given by the Planning Board, such plans for the underground installation of utility facilities and the erection of streetlighting facilities shall first be approved before any building permit shall be issued. Before any town road is accepted for dedication by the Superintendent of Highways and the Town Engineer, the developer shall provide as-built drawings in accordance with standards established by the Town Engineer and on file in the Building Department, showing final location of the underground installations.

Where utilities are installed underground in town roads and it becomes necessary to open up the ground to make repairs, then the utility company shall first obtain a permit from the Town Superintendent of Highways authorizing it to work in the road. Before such permit shall be issued by the Superintendent of Highways, he shall first require the utility company to furnish a cash bond to guarantee the restoration of the road to the satisfaction of the Superintendent of Highways and the Town Engineer.

This article shall apply to all unbuilt residential subdivisions, multiple residence developments and planned unit developments, but shall not apply to overhead lines on which construction is in progress at the time this article is adopted.

Where the Town Board determines that the circumstances do not require the strict enforcement of this article, then the Town Board under such circumstances shall have the right to waive any and all sections of this article. This article shall not apply to utility systems owned and operated by the Town of Woodbury.

It is the intent of this article to promote the general welfare of the people of the Town of Woodbury by providing for the protection of their lives, property, economy and well-being and to protect and preserve the health of the town's people and the environment by requiring all subdivisions to be serviced by municipal water and sewer facilities.

The Town Board finds that many problems have arisen in developments which are not serviced by municipal water and sewer facilities. Over the years the developments which are not serviced by municipal sewer systems have resulted in health problems due to the fact that septic systems are continually breaking down, resulting in health problems for the immediate vicinity. Also, in many instances, complaints are received from individuals who have wells on their properties of the problems encountered by them in maintaining the wells, both from an adequacy standpoint and a functional standpoint. The Town Board further finds that the only way to avoid such problems in the future is to require developments to be serviced by municipal water and sewer.

[Amended 10-7-1982 by L.L. No. 9-1982; 6-6-1985 by L.L. No. 2-1985]

All subdivisions, as defined by the Woodbury Subdivision Regulations, Editor's Note: See Part 2, Subdivision Regulations, of this chapter. located within existing town water and sewer districts, shall be required to be serviced by municipal water and sewer, unless the Town Board exempts a given property because such property is experiencing an undue financial burden in connecting to municipal and sewer.

[Amended 4-6-1995 by L.L. No. 5-1995]

Where the Town Board determines that the circumstances do not require the strict enforcement of this Part 1, then the Town Board under such circumstances shall have the right to waive any and all sections of this Part 1.

[Amended 4-15-1999 by L.L. No. 4-1999]

No road shall be accepted for dedication by the Town Board unless the developer submits to the Town Engineer as-built drawings in accordance with standards established by the Town Engineer and on file in the Building Department.

[Amended 4-6-1995 by L.L. No. 5-1995]

Any person committing an offense against any provision of this Part 1 shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense for each day (24 hours) shall be deemed a distinct and separate violation.

Part 2 Subdivision Regulations [Adopted by Planning Board 5-5-1976; approved by Town Board 6-3-1976]

The Planning Board derives its powers from Article 16 of the Town Law of the State of New York and the resolution adopted December 10, 1965, Editor's Note: See Ch. 57, Planning Board. by the Town Board creating the Board and authorizing it to approve plats showing new streets and highways in the town, and these regulations neither add to nor detract from such powers, but merely serve as a guide to the subdivider of land as to what may be required of him in the process. As to any particular subdivision, the Board may waive, subject to appropriate conditions, any or all of the requirements and improvements specified in § 277 of the Town Law as in the Board's judgment of the special circumstances of a particular plat or plats are not requisite in the interest of public health, safety or general welfare or which in its judgment are inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.

If a parcel of land is to be subdivided before offering land for sale, the owner shall submit a plat of the parcel to the Planning Board for its approval and then file the approved plat with the County Clerk. The location and design of new streets must also be approved by the Planning Board, and therefore, the construction of new streets should not be started until this approval has been obtained.

It is declared to be the policy of the Town Planning Board to consider land subdivisions as part of a plan for the orderly, efficient and economical development of the town. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. Proper provision shall be made for drainage, water, sewerage and other needed improvements. The proposed streets shall compose a convenient system conforming to the Official Map as it may be adopted by the Town Board and shall be properly related to the proposals shown on the Town Master Plan as it may be adopted by the Planning Board. Streets shall be of such width, grade and location as to accommodate the prospective traffic, to afford adequate light and air and to facilitate fire protection. In proper cases, there shall be reservation of park areas of suitable location, size and character for playground or other recreational purposes.

In order that land subdivisions may be made in accordance with this policy, these regulations, which shall be known as and which may be cited as the "Town of Woodbury Land Subdivision Regulations," have been adopted by the Planning Board on May 5, 1976, and approved by the Town Board on June 3, 1976.

The Clerk of the town, said town having authorized its Planning Board to approve plats showing lots, blocks or sites, with or without streets or highways, or the entire or partial development of plats filed in the office of the Orange County Clerk in which such plats are located or to approve preliminary plats, as provided in these regulations, shall immediately file a certificate of that fact with the Orange County Clerk.

As used in these regulations, the following terms shall have the meanings indicated:

BOUNDARY OR LOT LINE CHANGE — Relocation or revision of a lot line of a lot, which revision is intended to correct minor boundary problems and is not intended to create a new lot for development purposes and which revision will result in land area to become part of an existing adjacent lot or parcel, provided that such boundary line change or lot line change does not create a parcel at variance with the bulk requirements of the zoning district in which such parcel is located. [Added 7-16-1992 by L.L. No. 9-1992]

COMPREHENSIVE PLAN — A Comprehensive Plan prepared by the Planning Board, pursuant to § 272-a of the Town Law, which indicates the general locations recommended for various functional classes of public works, places and structures and for general physical development of the town, and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein.

CONDITIONAL APPROVAL — The approval of a final plat subject to conditions set forth by the Planning Board in its resolution conditionally approving the plat. Conditional approval does not qualify the final plat for recording. At the time of the resolution conditionally approving the plat, the Planning Board must empower a duly authorized officer of the Planning Board to sign the plat, subject to completion of the requirements stated in the resolution. Upon completion of these requirements, the plat must be signed by the officer so designated and filed in the Orange County Clerk's office in accordance with the provision of the Town Law, § 276, and these regulations.

CONSTRUCTION PLAN — A drawing or set of drawings, conforming to the final plat, showing details of engineering and construction as required by § 272-37.

EASEMENT — Authorization by a property owner for the use by another and for a specified purpose of any designated part of his property.

ENGINEER OR LICENSED PROFESSIONAL ENGINEER — A person licensed as a professional engineer by the State of New York.

FINAL PLAT — A drawing in final form, prepared in a manner prescribed by local regulation, showing a proposed subdivision, containing in such additional detail as shall be provided by local regulation or any other applicable state law or local law, ordinance, rule, regulation or resolution all information required to appear on a preliminary plat and the modifications, if any, required by the Planning Board at the time of approval of a preliminary plat of such proposed subdivision, if such preliminary plat has been so approved.

FINAL PLAT APPROVAL — The signing of a final plat by a duly authorized officer of the Planning Board after a resolution granting final approval to the plat or after conditions specified in a resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the Orange County Clerk's office.

HIGHWAY — See "street."

LOT — A parcel or portion of land separated from other parcels or portions for purpose of sale, lease or separate use by means of a description as indicated by a subdivision plat, a recorded map or deed or by metes and bounds or separated by a public street or railroad right-of-way.

MASTER PLAN — A Comprehensive Plan, prepared and adopted by the Planning Board pursuant to § 272-a of the Town Law, which indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the town, and includes any unit or part of such plan separately adopted and any amendment to such plan or part thereof.

OFFICIAL MAP — The map, if adopted by the Town Board under § 270 of the Town Law, showing the streets, highways and parks theretofore laid out, adopted and established by law and any amendments thereto adopted by the Town Board resulting from approval of subdivision plats by the Planning Board and the subsequent filing for record of such approved plats.

OFFICIAL SUBMITTAL DATE — The date on which a subdivision plat is considered officially submitted to the Planning Board pursuant to § 276 of the Town Law and hereby defined as the date the Planning Board receives the formal subdivision in proper form as provided for in Article IX of these regulations.

PLANNED UNIT DEVELOPMENT — A district in which a planned mix of residential, commercial and industrial uses is sanctioned, the plan for which does not necessarily correspond in lot size, bulk or type of dwelling or commercial use, density, lot coverage and required open space to the regulations established in any districts created in the Town of Woodbury, which is calculated to achieve compatible and efficient use of the land.

PLANNING BOARD OR BOARD — The Planning Board of the Town of Woodbury.

PLAT, FINAL — A drawing prepared in a manner prescribed by local regulation showing a proposed subdivision or a planned unit development, containing in such additional detail as shall be provided by local regulation all information required to appear on a preliminary plat and the modifications, if any, required by the Planning Board at the time of approval of the preliminary plat of such proposed subdivision, if such preliminary plat has been so approved.

PLAT, PRELIMINARY — A drawing prepared in a manner prescribed by local regulation, showing the salient features of the layout of a proposed subdivision submitted to the Planning Board for purposes of consideration prior to submission of the plat in final form, including but not restricted to road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles, at suitable scale and in such detail as local regulation may require.

PRELIMINARY PLAT APPROVAL — The approval by the Planning Board of the layout of a proposed subdivision as set forth in a preliminary plat but subject to approval of the plat in final form in accordance with the provisions of these Subdivision Regulations.

ROAD SPECIFICATIONS — The minimum acceptable standards of street construction for proposed roads within subdivisions, as adopted by the Town Board as highway specifications.

SITE — The total land of any owner, whether part or all of such owner's land is submitted for plat approval.

STREET — A way for vehicular traffic, whether designated as a street, highway, parkway, thruway, road, avenue, boulevard, lane, place or however else designated. Unless the boundary of a street is established at a width of less than 50 feet by a legal description of record or by a wall, a fence or other monuments, the boundary of the same shall be presumed to be not less than 25 feet from the center line of the traveled way and may be located at a substantially greater distance from such center line. The term "street" includes the land between the street boundary lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, planted strips, parking areas and other areas within street boundaries.

STREET COLLECTOR — A street which carries traffic from local or minor streets to major or town arterial streets and highways, including the principal entrance streets of larger residential developments.

STREET, DEAD-END OR CUL-DE-SAC — A street or a portion of a street with only one vehicular traffic outlet.

STREET, EMERGENCY ACCESS — A street not normally open for public use, but which may be approved in conjunction with a subdivision plat as a secondary means of access to a lot or subdivision for emergency access only.

STREET, LOCAL OR MINOR — A street intended to serve primarily as an access to abutting properties.

STREET, MARGINAL — A street which is parallel to and adjacent to major or town arterial streets, and which provides access to abutting properties and protection from through traffic.

STREET RIGHT-OF-WAY — The full width of a publicly maintained traveled way, whether acquired through dedication or by use. It may include pavement, shoulders, ditches or gutters, culverts or sluice ways. It may be defined in metes and bounds and be filed with the proper authorities or it may have been used and maintained by the public for a period of 10 years or more.

STREET, SERVICE — A street located on private property designed to provide access to the buildings on the property for the purposes of delivery of goods, equipment or materials or for the repair and maintenance of such buildings.

STREET, TAP OR STUB STREET — A street designed to provide a connection to possible future development outside the subdivision so that continuity of traffic circulation can be maintained.

SUBDIVIDER — Any person, firm, corporation, partnership or association who shall lay out any subdivision or part thereof as defined herein, either for himself or others.

SUBDIVISION

A.	The division of any parcel of land into two or more lots, plots, sites or the other divisions of land for immediate or future sale or for building development, regardless of whether or not any new streets or highways are created or to be created; or
B.	The development of a plat already filed in the Orange County Clerk's office, if such plat is entirely or partially undeveloped and regardless or whether or not streets or highways are shown on said plat.

SUPERINTENDENT OF HIGHWAYS — The Highway Superintendent of the Town of Woodbury.

SURVEYOR — A person licensed as a land surveyor by the State of New York.

TOWN — The Town of Woodbury, in the County of Orange and the State of New York.

TOWN BOARD — The Town Board of the Town of Woodbury.

TOWN ENGINEER — The duly designated engineer of the town.

ZONING ORDINANCE — The Zoning Ordinance of the Town of Woodbury. Editor's Note: See Ch. 310, Zoning.

All developments governed by these regulations shall comply with Local Law No. 2 of 1974 for the reimbursement of consulting fees; Editor's Note: See now Ch. 143, Fees. Local Law No. 7 of 1974 creating an Architectural Review Board; Editor's Note: See now Ch. 8, Architectural Review Board. Local Law No. 5 of 1974 requiring central water and sewers in developments; Editor's Note: See Part 1, Subdivisions, Art. IV, Sewers and Water, of this chapter. General Municipal Law § 239-n, Editor's Note: See General Municipal Law Article 12-B, § 239-n. requiring certain subdivision plats to be submitted to the Orange County Planning Department for approval; the Town Law, § 281, Editor's Note: See now Town Law § 278. for clustering; Environmental Conservation Law, §§ 8-0101 to 8-0115, Environmental Quality Review, and §§ 24-0101 to 24-1303, Freshwater Wetlands; and the Town Board resolution of June 20, 1968. Editor's Note: See Part 1, Subdivisions, Art. II, Bonding and Dedication of Improvements, of this chapter.

[Amended 6-4-1987 by L.L. No. 6-1987]

In the case of a minor subdivision involving the division of any parcel of land into less than five lots, plots, sites or other divisions of land, the Planning Board in its discretion may waive any or all of the requirements of these regulations, except the requirements of a public hearing; provided, however, that a plot plan of said minor subdivision with metes and bounds description certified by a licensed surveyor shall be presented by the subdivider to the Planning Board for its approval and shall be filed with a notation thereon as to the provisions of these regulations which are waived as to said subdivision.

A.	All streets and highways shall be of sufficient width and suitable grade and shall be suitably located to accommodate the prospective traffic, to afford adequate light and air, to facilitate fire protection and to provide access of fire-fighting equipment to buildings, and all streets or other appropriate public places shown on a plat shall be suitably graded and paved or otherwise suitably improved, and street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, sewage disposal systems and storm drains shall be installed, all in accordance with standards, specifications and procedures based on the classification of streets as determined by the Town Engineer and other appropriate town departments or officers. No street shall be constructed having less than the minimum specifications for new highways to be taken over by the town as established and amended from time to time by resolution of the Town Board.
B.	The proposed subdivision shall conform to the minimum requirements of the Zoning Ordinance Editor's Note: See Ch. 310, Zoning. and in general to the Official Map and Master Plan, if any.
C.	The arrangement of streets in the subdivision shall provide for the continuation of the streets in any adjoining subdivision or for their proper projection when adjoining property is not subdivided and shall be of a width at least as great as that of such existing connecting streets and in no case less than 50 feet in width.
D.	It shall be the responsibility of the developer of property adjacent to a dead-end street or cul-de-sac, where the Planning Board deems that such street be continued, to construct such extension in compliance with the street construction standards of the town and to return all lands in the right-of-way of a cul-de-sac in excess of town street standards to the fronting property owner or owners in the condition that existed prior to the construction of the cul-de-sac.
E.	Dead-end or cul-de-sac streets shall not in general exceed 400 feet in length and shall be equipped with a turnaround roadway with a minimum diameter of right-of-way of 140 feet and a minimum outside diameter of traveled way of 120 feet unless the Planning Board approves an equally safe and convenient form of turning space.
F.	Block lengths generally shall not exceed 1,200 feet in length.
G.	A pedestrian right-of-way not less than 10 feet wide shall be provided near and through the center of all blocks over 600 feet long and shall be paved with a walk at least four feet wide.
H.	Intersections of streets shall be at angles as close to 90° as possible, and in no case shall two streets intersect at any angle smaller than 60°. To this end an oblique street should be curved approaching an intersection. Where three or more streets intersect, a traffic circle or other special treatment may be required by the Planning Board. At block corners the traveled way shall be rounded with a curve having a radius of not less than 25 feet, and property lines shall be adjusted accordingly.
I.	Side lines or lots, so far as practicable, shall be at right angles or radial to street lines.
J.	Corner lots shall be increased in size wherever necessary so as to provide a side yard facing upon the cross street with a depth not less than the front yard requirement of the Zoning Ordinance Editor's Note: See Ch. 310, Zoning. for such cross street.
K.	Grades of all streets shall be the reasonable minimum, but shall not be less than 0.5% nor more than 5.0% for major or town arterial streets nor more than 10% for collector or minor streets.
L.	Paved rear service streets of not less than 20 feet in width or, in lieu thereof, adequate off-street loading space, suitably surfaced, shall be provided in connection with all lots designated for commercial use.
M.	Land shall not be platted for residential or any other subdivision use if it is of such a character that it cannot be safely used for such purposes without danger to health or peril from fire, flood or other menace.
N.	If a tract is subdivided into larger parcels than normal building lots, such parcels shall be arranged so as to allow the opening of future streets and logical further resubdivision.
O.	In general, no reserve strips controlling access to land dedicated or to be dedicated to public use will be permitted.
P.	In general, street lines on the same side of the street and within a block deflecting from each other at any one point more than 10° shall be connected with a curve, the radius of which for the inner street lines shall not be less than 350 feet on major or town arterial streets, 250 feet on collector streets and 100 feet on local or minor streets. The outer street lines in each case shall be parallel to such inner street line.
Q.	Areas for parks and playgrounds shall be of reasonable size for neighborhood playgrounds or other recreational uses. No arbitrary percentage of area will be insisted upon by the Planning Board, but in general, subdividers should set aside not less than 10% of the area for these purposes. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in any subdivision or that it is otherwise impractical to provide land for park purposes in such subdivision, the Planning Board may require as a condition to approval of the subdivision plat the payment to the town of the sum of $3,500 per lot for each lot in the subdivision, which amount is hereby determined by the Town Board as suitable for such purpose. The amounts so paid shall be used for acquisition of parks and operation thereof pursuant to § 277 of the Town Law. [Amended 1-21-1988 by L.L. No. 2-1988; 8-3-2000 by L.L. No. 11-2000]
R.	In general, existing trees over one foot in diameter four feet above ground level shall be preserved by the subdivider.
S.	If any topsoil is removed from its natural position in the process of grading the subdivision site, such topsoil shall be replaced to a depth approximately equivalent to that existing prior to such grading except in streets, driveways and foundation areas.
T.	Sewerage facilities. All subdivisions shall be required to be serviced by municipal sewer unless otherwise waived by the Town Board. [Amended 10-7-1982 by L.L. No. 9-1982]

The applicant shall request the Planning Board for copies of existing aerial photography and topographic maps as prepared by the town, and the Planning Board shall provide said copies, suitable for use by the applicant, if available, at a cost to the applicant established by the Town Board, in accordance with Local Law No. 2 of 1974. Editor's Note: See now Ch. 143, Fees. The applicant shall use these photographs and maps to the maximum extent possible in the preparation of his preliminary and final plats.

When any subdivision of land is proposed to be made and to avoid violation of § 334 of the Real Property Law, before any contract for the sale of land or any offer to sell such subdivision or any part thereof is made or any grading, clearing, construction or other improvement is undertaken therein, the subdivider shall apply to the Board for approval. Before filing a formal application for preliminary approval of a subdivision, the subdivider shall make an appointment to meet with the Planning Board at one of its regular meetings for an informal discussion of his rough sketch plan. Two weeks in advance of a regular Planning Board meeting, the developer shall submit proposed sketch plans to the Town Engineer. Unless the Town Engineer receives the rough sketch plans two weeks prior to the regular Planning Board meeting, the Town Engineer will not schedule a meeting with the Planning Board.

The sketch plan submitted to the Planning Board shall be based on Tax Map information or some other similarly accurate base map at a scale (preferably not less than 200 feet to the inch) to enable the entire tract to be shown on one sheet. The sketch prepared by a licensed engineer for developments shall indicate the following:

(1)	A boundary map of the entire holding indicating the location of that portion which is to be subdivided in relation to the entire tract and the distance to the nearest existing street intersection.
(2)	Topographic contours at intervals of not more than 20 feet based on United States Geological Survey data which may be obtained from field survey United States Geological Survey final source, as approved by the Engineer.
(3)	The name of the owner and of all adjoining property owners as disclosed by the most recent town tax records.
(4)	The Tax Map section, block and lot numbers.
(5)	All the utilities available and all streets which are either proposed, mapped or built.
(6)	The proposed pattern of lots, street layout, recreation areas, systems of drainage, sewerage and water supply within the proposed area, but with reference to surrounding properties and street patterns.
(7)	All existing restrictions on the use of land, including easements and covenants.
(8)	A location map at a minimum scale of one inch equals 2,000 feet to indicate the relationship of the proposed project to significant existing community facilities which will serve or influence the layout, such as major traffic arteries, shopping areas, schools, parks, employment centers, churches, etc. This map shall be drawn to a scale suitable to indicate the above features, as well as the North point, scale and date.
(9)	Existing drainage features (e.g., culverts, marshes, ponds and streams) within the portion to be developed and within 200 feet thereof.
(10)	The zoning district, school district or special improvement districts.
(11)	Acreage of each land use and proposed density.

The Planning Board shall study the rough sketch plan and the rough sketch of the vicinity map in connection with the topography of the area, Master Plan and Official Map, if any, Zoning Ordinance Editor's Note: See Ch. 310, Zoning. and general requirements of the community and best use of the land proposed to be subdivided and shall determine whether the proposals do or do not meet the objectives of these regulations and the provisions of the Town Law relating to planning.

Unless waived by the Planning Board, the subdivider shall submit a preliminary layout prepared by a licensed professional engineer which shall consist of one or more maps or drawings with all dimensions shown in feet or decimals of a foot drawn to a scale of not more than 100 feet to the inch, showing the data required by this section showing the following information:

A.	The proposed subdivision name or identifying title and the legend "preliminary layout."
B.	The names and addresses of the record owner, subdivider and designer of preliminary layout.
C.	The number of acres within the proposed subdivision, location of property lines, existing buildings, watercourses and other essential features.
D.	The names of all subdivisions immediately adjacent and the names of owners of adjacent lands and buildings.
E.	The location of any existing sewage disposal systems, and locations and size of water mains, culverts and drains on and immediately adjacent to the property to be subdivided.
F.	The location and widths of existing and proposed streets, highways, easements, alleys, parks and other proposed public open spaces and site for sewer plant, if any.
G.	The zoning districts affecting the tract.
H.	The width and location of any streets or other public ways or places shown upon the Official Map and the Master Plan, if any, within the area to be subdivided. The width, location, grades and street profiles of all streets or other public ways proposed by the subdivider.
I.	Contour lines at intervals of two feet based on United States Geological Survey data of existing grades and also of proposed finished grades where change of existing ground elevation will be five feet or more.
J.	Typical cross sections of the proposed grading, roadways, sidewalks and unusual topographic conditions.
K.	The date, true North point, scale, magnetic North point and date observed.
L.	A metes and bounds description and map or survey of tract boundary made and certified by a licensed land surveyor tied into established town reference points and where possible related to the state system of plane coordinates established by Chapter 545, Laws of 1938.
M.	Connection with existing water supply or alternative means of providing water supply to the proposed subdivision as provided in §§ 1115 through 1118 of the Public Health Law and other water supply, if any, available for fire protection.
N.	Until a sanitary sewage system is available, the alternative means of treatment and disposal of sewage proposed, as provided in the same sections of the Public Health Law, including location and results of percolation and other tests to ascertain subsurface soil, rock and groundwater conditions and depth to groundwater.
O.	Where wet sewers are not proposed, then the location of dry sewers shall be shown in accordance with § 272-31T of these regulations.
P.	The boundaries of any permanent easements over or under any part of the proposed subdivision not within the streets or other proposed public ways, which easements shall not be less than 10 feet in width and shall provide satisfactory access to an existing public highway or other proposed public open space shown upon the preliminary layout or upon the Official Map, if any.
Q.	Provisions for collecting and discharging storm drainage, in the form of a drainage plan; preliminary designs of any bridges or culverts which may be required.
R.	The proposed lot lines with approximate dimensions and suggested locations of buildings.
S.	The proposed location and type of sidewalks, streetlighting standards and species of street trees, the location of curbs, gutters, water mains and typical sewage disposal systems and the sizes and types thereof, the character, width and depth of pavement and subbase or other street improvement, and the location of manholes and basins and underground conduits.
T.	All parcels of land proposed to be dedicated to public use.
U.	The locations of all trees on the site over one foot in diameter four feet above ground level.
V.	The location of temporary markers adequate to enable the Planning Board to locate readily and appraise the basic layout in the field. Unless an existing street intersection is shown, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown.
W.	The certificate of a professional engineer licensed by the State of New York as to all engineering work shown on the preliminary plat.
X.	Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of §§ 267-1 through 267-11 shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in §§ 267-7 through 267-11. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 267. [Added 5-3-2007 by L.L. No. 3-2007]

The preliminary plat shall be accompanied by a vicinity map drawn at a scale of not over 400 feet to the inch to show the relation of the proposed subdivision to the adjacent properties and to the general surrounding area.

The vicinity map will show all the area within 2,000 feet of any property line of the proposed subdivision or any smaller area between the tract and all surrounding existing streets, provided that any part of such a street used as part of the perimeter for the vicinity map is at least 500 feet from any boundary of the proposed subdivision. Within such area the vicinity map shall show the data required by this section:

(1)	All existing subdivisions and approximate tract lines of acreage parcels, together with the names of the records owners of all adjacent parcels of land; namely, those directly abutting or directly across any street adjoining the proposed subdivision.
(2)	Locations, widths and names of existing and filed subdivision streets, easements, building lines and alleys pertaining to the proposed subdivision and to the adjacent properties as specified in Subsection B(1) above.
(3)	The boundaries and designations of zoning districts, special improvement districts, school districts and parks or other public spaces.
(4)	An outline of the platted area, together with its street system and a sketch of the future probable street system of the remaining portion of the tract if the preliminary plat submitted covers only part of the subdivider's entire holding.
(5)	Rough contours obtained from the United States Geological Survey or similar source.

The final plat shall consist of one or more sheets of drawings prepared by a licensed professional engineer which conform to the requirements of § 334 of the Real Property Law. Space shall be reserved on each sheet for endorsement by the State Department of Health and two boxes provided for the Planning Board's stamp of final approval. The final subdivision plat shall conform in general to the preliminary layout, unless the preliminary layout is waived by the Planning Board under § 272-23 or 272-30 and shall show the date required by this section and shall contain the following information:

A.	All the information and data required for a preliminary plat as specified in § 272-34. The final plat shall show complete and exact metes and bounds for the boundaries for the subdivision and for the boundaries of each lot within the subdivision.
B.	The proposed subdivision name or identifying title; the name of the town and county; the names and addresses of the record owner and of the subdivider; the name, address, license number and seal of the licensed land surveyor and of the licensed professional engineer who prepared the plats; the boundaries of the subdivision and its general location in relation to existing streets and other landmarks; and graphic scale, date and true North point.
C.	Street names and lines, pedestrian ways, lots, reservations, easements and areas to be dedicated to public use.
D.	Sufficient data acceptable to the engineer to determine readily the location, bearing and length of every street line, lot line and boundary line and to reproduce such lines upon the ground. Where practicable, these should be referenced to monuments included in the state system of plane coordinates and in any event should be tied to reference points previously established by a public authority.
E.	The length of all straight lines, the deflection angles, radii, length of curves and central angles of all curves, tangent distances and tangent bearings for each street.
F.	By proper designation on such plat, all proposed streets, parklands, easements and any other lands for which offers of cession are made by the subdivider and those spaces title to which is reserved by him.
G.	Lots within the subdivision numbered in numerical order within blocks and blocks lettered in alphabetical order.
H.	Permanent reference monuments, which shall be constructed in accordance with specifications of the Town Engineer and where referenced to the state system of plane coordinates, shall also conform to the requirements of the New York State Department of Transportation. They shall be placed as required by the Town Engineer, and their location noted and referenced upon the plat.
I.	A note stating that all construction shall conform to the construction plan, if required, on file in the office of the Town Engineer.
J.	All lot corner markers which shall be of metal, at least 3/4 inch in diameter and at least 24 inches in length, and located in the ground to existing grade.
K.	Monuments of a type approved by the Town Engineer which shall be set at all corners and angle points of the boundaries of the subdivision and monuments required by town specifications for new highways referred to in § 272-31 at all street intersections, angle points in street lines, points of curve and such intermediate points as shall be required by the Town Engineer.
L.	Typical cross sections of the proposed grading, roadways, sidewalks and unusual topographic conditions.
M.	Provisions for collecting and discharging storm drainage in the form of a drainage plan.
N.	Designs of any bridges or culverts which may be required.
O.	The proposed location and type of sidewalks, streetlighting standards and species of street trees; the location of curbs, gutters, water mains and typical sewage disposal systems and the size and types thereof; the character, width and depth of pavement and subbase or other street improvement; and the location of manholes and basins and underground conduits.
P.	A note showing all other land, easements, buildings, utilities and other interest in real property to be dedicated to the Town of Woodbury, including parklands, sewer systems, water systems, drainage easements, catch basins and fire hydrants.
Q.	Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of §§ 267-1 through 267-11 and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in §§ 267-7 through 267-11. The approved final subdivision plat shall be consistent with the provisions of Chapter 267. [Added 5-3-2007 by L.L. No. 3-2007]

If required, a construction plan shall be submitted concurrently with the final plat showing specific details of construction sufficient to enable a developer and the Town Engineer to determine compliance with similar accepted construction standards, good engineering practices and all applicable state, county and town regulations. The construction plan shall include the following:

A.	A layout of roads and lots in conformance with final plat.
B.	Existing and proposed contours at intervals of two feet on United States Geological Survey data.
C.	Profiles of all roads, pipelines and other facilities to be dedicated to the town.
D.	Size of pipelines.
E.	Location and construction details of all catch basins, manholes, fire hydrants, pump stations, water treatment facilities and wastewater treatment facilities referred to on the final plat.
F.	Proposed finished floor elevations of all structures to be built.
G.	Any other information required by the Planning Board and/or the Town Engineer.

An owner or developer shall be required to submit a rough sketch application to the Town Engineer on forms provided by the Planning Board at least 14 days prior to a regular meeting. The developer shall also submit with the application six copies of the sketch plan with his application and appropriate filing fee.

Within a reasonable time after submitting a rough sketch plan, the Planning Board shall determine whether the plan is a minor or major subdivision. If a major subdivision or planned unit development, the Planning Board shall determine the amounts required to be deposited by the developer pursuant to Local Law No. 2 of 1974, Editor's Note: See now Ch. 143, Fees. which amount shall be paid by the developer or owner before further consideration shall be given to the project.

After classification by the Planning Board of the rough sketch plan as a minor or major subdivision, the developer shall apply to the Planning Board for approval of the preliminary plat on forms provided by the Planning Board. Such application shall be submitted to the Town Engineer not less than 14 days prior to a regular meeting date and shall be accompanied by the required fee and by six copies of the preliminary plat.

Simultaneously with the submission of an application for preliminary approval, the developer shall submit an application to the Architectural Review Board pursuant to Local Law No. 7 of 1974. Editor's Note: See now Ch. 8, Architectural Review Board.

The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Planning Board at which time the Planning Board considers the preliminary plat in final form, which preliminary plat in final form shall have been submitted to the Town Engineer 14 days prior to the regular monthly meeting at which it is received by the Planning Board, complete and accompanied by the required fee, and all data required by these regulations have been filed with the Town Engineer.

If the site borders a county or state road, copies of the preliminary submission shall be forwarded to the Orange County Department of Public Works and/or the Regional Office of the New York State Department of Transportation in time for their comments to be returned and read into the minutes of the public hearing. If the site lies within 500 feet of a county or state road, drainage easement, institution or park or within 500 feet of a municipal boundary, a copy of the preliminary submission shall be forwarded to the Orange County Department of Planning in time for their comments to be returned and read into the minutes of the public hearing.

The Planning Board shall hold a public hearing within 45 days after the Planning Board receives a preliminary plat in final form. The hearing shall be advertised at least once in the official town newspaper at least five days prior to the hearing and shall be posted and mailed to the owners of property abutting the proposed subdivision and to any other persons whom the Planning Board determines shall have a particular interest in the project.

A.	The Planning Board shall take action within 45 days after the hearing required on such plats to approve, with or without modifications, or disapprove the preliminary plat. This time may be extended upon mutual consent of the subdivider and the Planning Board. When approving a preliminary plat the Planning Board must state in writing the modifications, if any, it deems necessary for submission of the plat in final form. The action of the Planning Board, plus any conditions attached thereto, shall be noted in the Board's minutes. Approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations and the conditions of the approval of the preliminary plat, if any.
B.	Prior to approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing. In the event that the Planning Board fails to act on a preliminary subdivision plat within the time noted, the plat shall be deemed granted preliminary approval, and the certificate of the Town Clerk as to the date of submission and the failure of the Planning Board to act on the plat must be issued on demand.
C.	Approval with modifications. Where the Planning Board imposes modifications on the preliminary plat, the preliminary plat shall not be considered in final form until all of the modifications have been completed to the satisfaction of the Planning Board.
D.	Expiration of approval. Planning Board approval of a preliminary plat shall expire six months after the date of the stamping of the map. No Planning Board action will be taken after such expiration until a new application and filing fee are submitted. An extension of a preliminary plat approval for a reasonable period of time may be given in cases of hardship, upon petition to the Planning Board.

A.	The subdivider shall, within six months after the approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in final form, on forms provided by the Planning Board. All applications for plat approval for major subdivisions shall be accompanied by the appropriate fee.
B.	At least 14 days before making application for final approval, the subdivider shall submit to the Engineer for review by him the final subdivision plat in quadruplicate, in form required by these regulations, two copies on cloth and four paper prints, together with three paper prints of construction plans, if required, and payment to the town of the appropriate fee.

The time of submission of the final plat shall be considered to be the date of the regular monthly meeting of the Planning Board at which time the Planning Board considers the final plat in final form, which final plat in final form shall have been submitted to the Town Engineer 14 days prior to the regular monthly meeting at which it is received by the Planning Board, complete and accompanied by the required fee, and all data required by these regulations have been filed with the Town Engineer.

The final plat shall not be in final form unless accompanied by the following:

A.	An offer of dedication, in duplicate, executed and acknowledged by the owner of the subdivision, in form for filing in the Orange County Clerk's office and the Town Clerk's office, together with two unexecuted copies, which shall include all parkland, sewer systems, water systems, roads, drainage easements and other interests in real property to be dedicated to the town, which shall be described by metes and bounds or by reference to subdivision plat intended to be filed simultaneously therewith, which plat contains metes and bounds descriptions thereof.
B.	A title report from a title company approved by attorneys for the town showing all real property and interests therein to be dedicated to the town and all mortgages, liens or encumbrances thereon.
C.	Releases of all such mortgages, liens and encumbrances, executed and acknowledged, in form for recording in the Orange County Clerk's office, or instruments similarly executed and acknowledged subordinating all such mortgages, liens and encumbrances to the rights to be acquired by the Town of Woodbury by such dedication, together with evidence of payment by the subdivider of the fee of the title company for a title policy insuring the title to the town to such real property, free and clear of all liens and encumbrances. The foregoing documents shall be accompanied by two unexecuted copies for review by the town building and legal departments.
D.	An agreement executed in duplicate by the subdivider, in form for filing in the Orange County Clerk's office, together with two unexecuted copies thereof, for the operation and maintenance by the town of any sewer plant, pumping station or other utility to be dedicated to the town and maintained by the town, in form approved by the New York State Health Department in the case of sewage and water facilities and approved by the Engineer and Attorney for the town as to all such facilities.
E.	Deeds in recordable form to be held in escrow.

Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Orange County Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary municipal, county and state agencies. Endorsement and approval by the Orange County Department of Health shall be secured by the subdivider before official submission of the subdivision plat. Certified copies of permits signed by a responsible official the New York State Department of Transportation or the Orange County Commissioner of Public Works approving proposed construction and/or discharge on state or county rights-of-way shall be submitted.

The subdivider shall, before applying for final approval, complete any necessary proceedings to create or extend water districts, sewer districts or other improvement districts required to serve the subdivision.

When all of the foregoing have been submitted and approved by the Engineer and Attorney for the town, a hearing shall be held by the Planning Board on notice to the public as required by law; provided, however, that when the Planning Board deems the final plat to be substantial agreement with the approved preliminary plat and modified in accordance with requirements of such approval, if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such a public hearing.

The Planning Board shall by resolution conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within 45 days of the official submittal date if no such hearing is held or, in the event such hearing is held, within 45 days after the date of such hearing. Notwithstanding the foregoing provisions relating to the time in which a final plat may be submitted, the time in which the Planning Board must take action on such final plat may be extended by mutual consent by the owner and the Planning Board. However, if the Planning Board fails to take action on a final plat within the time prescribed, the final plat shall be deemed approved and a certificate of the Clerk of the town as to the date of submission and the failure to take action within such prescribed time, shall be sufficient, in lieu of written endorsement or other evidence of approval herein required.

The Planning Board shall, within 45 days from the date of the public hearing on the subdivision plat, if one is held, or within 45 days after the official date of submission by the developer to the Planning Board, if no hearing is to be held, approve, disapprove or conditionally approve, with or without modifications, the final subdivision plat and, if disapproved, shall specify in writing its reasons for any such disapproval. Provision may be made for extension of this time by mutual consent of the subdivider and the Planning Board. In the event that the required hearing is not held or if the Planning Board fails to disapprove the plat within the 45 days prescribed above, the plat shall be deemed approved as submitted.

Conditional approval.

(1)

When the Planning Board conditionally approves a final plat, the final plat shall be signed subject to the completion of such requirements as may be stated in the resolution. Within five days of such resolution, the final plat shall be certified by the Planning Board as conditionally approved and a copy filed in the Engineer's office and a certified copy mailed to the owner. When all of the requirements are completed, the final plat shall be signed by a duly authorized officer of the Planning Board. Conditional approval of a final plat shall expire within 180 days after the date of the Planning Board's resolution granting conditional approval unless such requirements have been certified as completed.

(2)

Notwithstanding the foregoing provisions, the Planning Board may extend a time in which a conditionally approved plat in final form must be submitted for signature if, in its opinion, such intention is warranted by the particular circumstances thereof, but not to exceed two additional periods of 90 days each.

Final approval. After the Board grants final approval and before any on-site work or building permits are issued, the subdivider shall submit to the Attorney for the town, for filing and recording, the following documents in a form previously approved by him: [Amended 6-4-1987 by L.L. No. 6-1987]

(1)	Offers of dedication as above provided in § 272-46A.
(2)	Releases and subordinations of liens as above provided for in § 272-46C.
(3)	Agreement for the operation and maintenance by the town of sewer systems, water systems and other utilities, as above provided for in § 272-46D.
(4)	Deeds in escrow.
(5)	Inspection of developments; establishment of escrow accounts: payment by certified check or cashiers check to the order of the town in an amount to be determined by the Town Engineer to help defray costs of observing the work to provide better assurances to the town that it is in accordance with the approved plans for the construction of roads, water systems, including water treatment plants; sewer systems, including sewer treatment plants; and other utilities in the subdivision. When the Town Engineer has made a final calculation of the amount to be deposited with the town, such amount shall be deposited by the developer in an escrow account to be maintained by the town and applied to such inspection expenses. If, when the project is completed, there is money remaining in the escrow account, such sums shall be returned to the developer, including any accrued interest. However, in the event that the escrow account is reduced to below $10,000.00 then same shall be increased by a factor to be determined by the Town Engineer to cover remaining inspection costs. [Amended 3-21-1991 by L.L. No. 2-1991; 4-15-1999 by L.L. No. 5-1999; 6-7-2001 by L.L. No. 3-2001]
(6)	Payment by cashier's check or certified check drawn to the order of the town in the sum of $3,500 per lot for each lot in the subdivision, in lieu of providing parkland within the subdivision, if the Board approves the acceptance of such payment in lieu of parkland, unless payment shall be deferred to a later date by agreement between the subdivider and the Town Board. Such payment shall not be required, however, as to subdivisions comprising less than five lots, plots, sites or other subdivisions of land. [Amended 1-21-1988 by L.L. No. 2-1988; 9-21-1989 by L.L. No. 2-1989; 11-18-1999 by L.L. No. 11-1999]

The following notation shall be placed prominently on every page of the final plat:

Before any building permits are issued, the subdivider shall complete the construction of all water systems, sewer systems, other utilities, roads and curbing, except the final surfacing of roads and sidewalks. No bonds or security will be accepted by the Town Board to ensure the completion of the foregoing.

The Town Board may by resolution empower the Planning Board to modify applicable provisions of the Zoning Ordinance Editor's Note: See Ch. 310, Zoning. in accordance with the provisions of § 281 of the Town Law, Editor's Note: See now Town Law § 278. and the Town Board may, in its discretion, place whatever reasonable conditions upon the project which it deems necessary. Such authorization shall specify the lands to which this procedure may be applicable. The purposes of such authorization shall be to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of streets and utilities and to preserve the natural and scenic qualities of open lands. The procedure and standards for clustering shall be as follows:

A.	A subdivider may request the use of § 281 of the Town Law Editor's Note: See now Town Law § 278. simultaneously with or subsequent to presentation of the rough sketch plan as per these regulations, and it may be followed at the discretion of the Planning Board if, in said Board's judgment, its application would benefit the town. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.
B.	This procedure shall be applicable only to lands zoned for residential purposes, and its application shall result in a permitted number of dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Zoning Ordinance Editor's Note: See Ch. 310, Zoning. applicable to the district or districts in which such land is situated and conforming to all other applicable requirements.
C.	The dwelling units permitted may be, at the discretion of the Planning Board and subject to the conditions set forth by the Town Board, in detached, semidetached, attached or multistory structures.

A subdivider shall present, along with a proposal in accordance with the provisions of § 281 of the Town Law, Editor's Note: See now Town Law § 278. a standard sketch plat which is consistent with all the criteria established by these Subdivision Regulations, including but not limited to streets being consistent with the street specifications and lots being consistent with the Zoning Ordinance. Editor's Note: See Ch. 310, Zoning.

In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space or other municipal purposes directly related to the plat, then the Planning Board as a condition of plat approval may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. The Town Board may require that such conditions shall be approved by the Town Board before the plat may be approved for filing.

Upon determination that such sketch plan is suitable for the procedures under § 281 of the Town Law Editor's Note: See now Town Law § 278. and subsequent to the resolution authorizing the Planning Board to proceed, a preliminary plat meeting all of the requirements of the resolution (the proposed site plan, including areas within which structures may be located, the height and spacing of buildings, open space and its landscaping, off-street open and enclosed parking spaces and streets, driveways and all other physical features as shown on said plan or otherwise described, accompanied by a statement setting forth the nature of such modifications, changes or supplementations of existing zoning provisions as are not shown on said site plan) shall be presented to the Planning Board, and thereafter the Planning Board shall proceed with the required public hearings and all other requirements of these regulations.

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

On the filing of a plat in the office of the County Clerk in which § 281 of the Town Law Editor's Note: See now Town Law § 278. has been used, the subdivider shall file a copy with the Town Clerk, who shall make appropriate notations and reference thereto in the Municipal Zoning Ordinance Map. The Secretary of the Planning Board shall notify the Administrator when such a plat is filed.

Editor's Note: Former § 139-35, Additional fees, was repealed 9-7-1989 by L.L. No. 10-1989.

A boundary line change may be approved by the Planning Board upon submission of a survey prepared by a surveyor licensed by the State of New York indicating:

(1)	The proposed change in the lot line.
(2)	The topography of the property to which the resulting land area is to be added or deleted.
(3)	A notation that the area of land created by the boundary change is to become a part of an adjacent lot.
(4)	Encroachment of structures that exist and are to be corrected or any that will be created by the lot line change.
(5)	Buried utilities adjacent to the lot line change to confirm that the modification will not result in encroachments or violations of regulatory agency requirements, i.e., Health Department.

Where the Planning Board believes that additional information is required, the Planning Board or its designated representative may request such information prior to making a decision. Application for a boundary line change shall be submitted to the Building Department at least 15 days prior to the meeting at which a review is requested.

If the submission is deemed complete by the Planning Board consultants, a public hearing may be scheduled for the same meeting at which the review is requested.

Where the Planning Board finds that compliance with these regulations would cause unusual hardship or extraordinary difficulties because of exceptional and unique conditions of topography, access, location, shape, size, drainage or other physical features of the site, the minimum requirements of the regulations may be modified to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of these regulations.

No such modification may be granted if it would have the effect of nullifying the intent and purpose of the Official Map, the Zoning Ordinance, Editor's Note: See Ch. 310, Zoning. the Master Plan or these regulations.

Where the Planning Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may, by specific resolution, waive such requirements subject to appropriate conditions.

In granting modifications, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.

Any officer, department, board or bureau of the town, with the approval of the Town Board, or any person or persons, jointly or severally, aggrieved by any decision of the Planning Board concerning a plat decision, may bring a proceeding to review in the manner provided by Article 78 of the Civil Practice Law and Rules in a court of record on the ground that such decision is illegal, in whole or in part. Such proceeding shall be commenced within 30 days after the filing of the decision in the office of the Board. Commencement of the proceeding shall stay proceedings pending a final decision from the New York State Supreme Court.

Whenever the requirements of these regulations are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.

These regulations shall be enforced by the Town Planning Board. No building permit or certificate of occupancy shall be issued by the Zoning Officer except where all the provisions of these regulations have been complied with.

No permit for the erection of any building shall be issued unless a street giving access to such proposed structure is an existing street or unless such street appears on a recorded plat approved by the Planning Board.

No such permit shall be issued unless such street has been suitably improved or where a performance bond has been posted to cover the full cost of such improvements. Editor's Note: Original Sections 13.40, Violations, and Section 13.50, Penalties, which immediately followed this section were deleted by an amendment adopted 7-6-1977 by the Planning Board and approved 7-7-1977 by the Town Board. For current penalties for offenses against the Subdivision Regulations, see Part 3, Enforcement of Subdivision Regulations, of this chapter.

Part 3 Enforcement of Subdivision Regulations [Adopted 6-3-1976 by L.L. No. 2-1976]

It is the intention of this Part 3 to promote the general welfare of the people of the Town of Woodbury by providing for the enforcement of the Woodbury Subdivision Regulations adopted by the Woodbury Planning Board on May 5, 1976. Editor's Note: See Part 2, Subdivision Regulations, of this chapter.

The Town Board of the Town of Woodbury finds that the Woodbury Planning Board adopted Subdivision Regulations on May 5, 1976, which requires the Town Board, as the legislative body of the town, to enact provisions for the enforcement and penalties for the violation of the Subdivision Regulations.

[Amended 6-16-1977 by L.L. No. 15-1977]

Any person committing an offense against any provision of this Part 3 shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense for each day (24 hours) shall be deemed a distinct and separate violation.

Where any building or structure is erected, constructed, reconstructed, altered, converted or maintained; any building, structure or land is used; or any land is divided into lots, blocks or sites in violation of the Subdivision Regulations of the Town of Woodbury, the proper local authorities of the Town of Woodbury may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.

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

GENERAL REFERENCES
Assessments — See Ch. 11.
Fire districts — See Ch. 150.
Payment of taxes on homes — See Ch. 181, Art. II.

Real property located within the Town of Woodbury owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from taxation by the town to the extent of 50% of the assessed valuation thereof if the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making the application for exemption does not exceed the sum of $6,500, provided that all other provisions of § 467 of the Real Property Tax Law are complied with in all respects.

ARTICLE II Capital Improvements Exemption [Adopted 10-21-1993 by L.L. No. 2-1993]

Recently, the New York State Legislature enacted a new section of the Real Property Tax Law, § 421-f, which permits local governing boards to adopt a local law granting to residential property owners an exemption from taxation and special ad valorem levies on residences that are reconstructed, altered or improved. The Woodbury Town Board has determined that such a local law would be in the best interest of the residential owners in the Town of Woodbury, especially in light of those sections of the Real Property Tax Law that grant exemptions from taxation to commercial and industrial uses where there has been new construction.

Residential buildings reconstructed, altered or improved subsequent to the adoption of this article shall be exempt from taxation and special ad valorem levies to the extent as hereinafter provided.

Such building shall be exempt for a period of one year to the extent of 100% of the increase in assessed value attributable to such reconstruction, alteration or improvement and for an additional period of seven years, provided that the extent of such exemption shall be decreased by 12 1/2% of the initial exemption each year during such additional period.

The aforesaid exemption shall be limited to $80,000 in increased market value, or such other sum less than $80,000 but not less than $5,000 in increased market value of the property attributable to such reconstruction, alteration or improvement. Any increase in market value greater than $80,000 shall not be eligible for the exemption.

The market value of the reconstruction, alteration or improvement shall be equal to the increased assessed value attributable to such reconstruction, alteration or improvement divided by the Class I ratio in a special assessing unit or the most recently established state equalization rate for the town, except where the state equalization rate equals or exceed 95%, then the increase in assessed value attributable to such reconstruction, alteration or improvement shall equal the market value of such reconstruction, alteration or improvement.

No such exemption shall be granted for reconstruction, alterations or improvements unless:

(1)	Such reconstruction, alteration or improvement was commenced subsequent to the date of this article;
(2)	The value of such reconstruction, alteration or improvement exceeds $3,000; and
(3)	The greater portion, as so determined by square footage, of the residence reconstructed, altered or improved is at least five years old.

For purposes of this section, the terms "reconstruction," "alteration" and "improvement" shall not include ordinary maintenance and repairs.

Such exemption shall be granted only after a certificate of occupancy has been issued for the improvement by the Woodbury Building Department and upon application by the owner of such residence on a form prescribed by the State Board. The original of such application shall be filed with the Assessor of the Town of Woodbury no later than March 1 following the issuance of the certificate of occupancy. If such application is not so filed, then the property owner shall forfeit his or her right to such a tax exemption. [Amended 6-20-1996 by L.L. No. 8-1996]

If the Assessor is satisfied that the applicant is entitled to an exemption pursuant to this article, then the Assessor shall approve the application and such building shall thereafter be exempt from taxation and special ad valorem levies as herein provided commencing with the assessment roll prepared after the taxable status date. The assessed value of any exemption granted pursuant to this section shall be entered by the Assessor on the portion of the assessment roll provided for property exempt from taxation.

For the purposes of this article, the following terms shall have the meanings indicated:

RESIDENTIAL BUILDING — Any building or structure designed and occupied exclusively for residential purposes by not more than two families.

In the event that a building granted an exemption pursuant to this section ceases to be used primarily for residential purposes or title thereto is transferred to other than the heirs or distributees of the owner, the exemption granted pursuant to this article shall cease.

The Town Board of the Town of Woodbury hereby elects, pursuant to § 458-a of the Real Property Tax Law, to increase the maximum veterans exemption allowable as follows:

A.	Veteran: 15% of assessed value to a maximum of $18,000.
B.	Combat zone: 10% of assessed value to a maximum of $12,000.
C.	Disability rating: percentage of assessed value equal to 1/2 of service-connection disability rating to a maximum of $60,000.

ARTICLE IV Business Investment Exemption Reduction [Adopted 2-17-2000 by L.L. No. 1-2000]

The per centum of exemption allowed by Real Property Tax Law § 485-b, Subdivision 2(a)(i), in which real property constructed, altered, installed or improved subsequent to July 1, 1976, for the purpose of commercial, business or industrial activities is granted an exemption from taxation and special ad valorem levies to the extent of 50% of the increase in assessed value thereof attributable to such construction, alteration, installation or improvement, is hereby reduced from 50% to zero.

This article reducing the per centum of exemption shall not apply to a project in the course of construction or exemptions existing prior to the adoption of this article.

ARTICLE V Volunteer Fire Departments and Volunteer Ambulance Services Exemption [Adopted 2-19-2006 by L.L. No. 1-2006]

This article is adopted pursuant to Chapter 74 of the Laws of 2005, which added a new Section 466-f to the New York State Real Property Tax Law to provide a ten-percent real property tax exemption for qualified members of volunteer fire departments and volunteer ambulance services. Members of volunteer fire departments and ambulance services provide valuable services to the people of the Town of Woodbury. In order to be certified and re-certified, such volunteers must undertake numerous hours of training on their own time and frequently at their own expense. The purpose of this exemption is to maintain the ranks of the volunteer corps and encourage volunteers to join. The enabling legislation enacted by the state legislation requires that localities must adopt a local law in order to afford those volunteers such exemption.

As used in this article, the following terms shall have the meanings indicated:

LIFETIME TAX EXEMPTION — The aforesaid tax exemption is provided to a person who has been an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service with active service for 20 years prior to submitting an application for such tax exemption and has obtained a certificate from such organization certifying to such membership and such active service; which tax exemption shall be provided to such member for the remainder of such member's life as long as such member's primary residence is located within the Town of Woodbury.

QUALIFIED MEMBERS — An individual who has been an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service for five years prior to submitting an application for tax exemption and has obtained a certificate from such organization certifying to such membership.

TAX EXEMPTION — Ten percent of the assessed value of the real property constituting the applicant's primary residence for Town purposes exclusive of special assessments, which exemption shall not exceed $3,000 multiplied by the latest equalization rate available for the assessing unit in which such real property is located.

A qualified member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service shall be afforded a tax exemption as herein defined, provided that:

A.	Such qualified member resides in the Town of Woodbury which is served by such incorporated volunteer fire company, fire department or incorporated voluntary ambulance service; and
B.	The property upon which such qualified member is seeking this exemption is the primary residence of such qualified member and such property is used exclusively for residential purposes. To the extent such property has uses other than residential, such exemption shall apply only to the residential portion of such property; and
C.	Application for such exemption shall be filed with the Town of Woodbury Assessor and such other agency, department or office designated by the municipality offering such exemption on or before the taxable status date on a form as prescribed by the State Board.

The Town Board of the Town of Woodbury hereby elects, pursuant to § 458-b of the New York State Real Property Tax Law, to authorize a real property tax exemption for Cold War Veterans.

As used in this article, the following terms shall have the meanings indicated:

ACTIVE DUTY — Full-time duty in the United States Armed Forces, other than active duty for training (ADT).

ARMED FORCES — The United States Army, Navy, Marine Corps, Air Force or Coast Guard.

COLD WAR VETERAN — A person, male or female, who served on active duty for a period of more than 365 days in the United States Armed Forces, during the time period from September 2, 1945 to December 26, 1991, was discharged or released therefrom under honorable conditions and has been awarded the Cold War Recognition Certificate as authorized under Public Law 105-85, the 1998 National Defense Authorization Act.

Cold War veteran: 15% of assessed value to a maximum of $12,000.

In addition to the exemption provided by Subsection A of this section, where the Cold War Veteran received a compensation rating from the United States Veterans Affairs or from the United States Department of Defense because of a service-connected disability, the exemption is increased as follows:

(1)	The percentage of assessed value to 50% of service; connected disability rating to a maximum of $40,000.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 6-2-2005 by L.L. No. 5-2005. Editor's Note: This local law also repealed former Ch. 283, Towing, adopted 1-16-2003 by L.L. No. 1-2003. Amendments noted where applicable.]

General References
Prohibited parking — See Ch. 277.
Streets and sidewalks — See Ch. 269.
Abandoned vehicles — See Ch. 292.

The Town of Woodbury hereby determines that providing regulations for the prompt and safe removal of disabled, abandoned, and impounded vehicles from public roadways within the Town is necessary for the public health, safety and general welfare of the residents and traveling public within the Town. This chapter will not supersede any specific orders issued by police agencies addressing specific situations (such as vehicles impounded for criminal investigation purposes).

Whenever used in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the meanings indicated:

ACCIDENT — Any incident or occurrence in which one or more vehicles contact each other or other objects, thereby causing personal injury or property damage.

CRUISING — The driving of a wrecker along any Town road, street or highway for the purpose of soliciting business in the Town.

DRIVER — Any person driving a tow truck for hire upon public roadways.

FOR HIRE — Any incident where a fee, charge or other consideration is directly or indirectly imposed for towing, carrying or removing a vehicle, including any case where any person makes repairs on a towed vehicle for compensation, even if no charge is expressly imposed for towing such vehicle.

IMPOUND/ STORAGE FACILITY — Secured fenced-in area for at least five towed or impounded vehicles. A license holder must have the ability to store at least two vehicles inside a building or garage on the facility premises.

OWNED — Owned, rented or leased.

PERSON — Any individual, sole proprietorship, firm, partnership, association, corporation, or other organization, and the singular or plural, masculine, feminine, or neuter thereof, unless the contrary is clearly expressed.

RECOVERY — The retrieval of a disabled or abandoned motor vehicle from off the paved portion of a street by another vehicle for hire.

SERVICE CALL — A request for assistance from a tow truck which does not involve towing but is limited to rendering emergency assistance for such categories as battery charges, flat tires, lockouts or gasoline.

TOWING — The moving or removing of disabled motor vehicles or abandoned motor vehicles by another vehicle for hire. Towing includes recovery unless the context indicates otherwise.

WRECKER — A vehicle registered as a tow truck and used for the purpose of towing or carrying another vehicle that has been or is involved in an accident, disabled, abandoned or illegally parked.

Cruising, as defined hereby, is prohibited within the Town of Woodbury.

It shall be unlawful for any person, as defined in § 283-2, to engage in the business of towing for the Town of Woodbury unless a license shall have first been obtained.

Exception: Tow operators without a license from the Town of Woodbury may enter the Town of Woodbury to remove a motor vehicle when a situation exists and no licensed tow truck operator is available; or when a licensed tow truck operator's wrecker does not have the capacity to handle the vehicle to be removed; or upon owner request at the scene of an accident or disabled vehicle; or towing in response to a request of the New York State Police or pursuant to a New York State Thruway license; or when a vehicle is already in tow when entering the Town of Woodbury.

Applications for licenses issued hereunder shall be made upon forms prepared and made available by the Woodbury Police Department and shall state:

(1)	The name, home address and proposed or actual business address of the applicant and whether he or she is the owner or lessee.
(2)	A description of the wrecker for which the license is desired, including the year, make, model, type, registration number, type of registration, VIN, length of service as a tow vehicle, highway usage permit number, and DOT number (if applicable).
(3)	The names, dates of birth, endorsements/restrictions and client identification number of all wrecker operators.
(4)	Proof of insurance in the form approved by the Town Board and in accordance with § 283-10 of this chapter.
(5)	Any other relevant information which the Town Board or Chief of Police may require from time to time as it deems appropriate.

All applicants must be a New York State licensed repair shop, and the licensed shop must be located at the same site as the impound/storage facility.

All license holders are required to take credit cards or personal checks for all tow list services except impounds, for which cash is required.

Within seven days after receipt of an application as herein provided, the Chief of Police shall cause an investigation to be made of the applicant and of his proposed business operation to be licensed. The Chief of Police may delegate the inspection of the wrecker(s) to an independent person, who may not be engaged in business in the Town, who shall be qualified by experience and training to make such inspection and who shall report to the Chief of Police whether the wrecker(s) is/are in a thoroughly safe and sanitary condition. Within 14 days after completion of the inspection and investigation, the Chief of Police shall either approve or deny the application.

The Chief of Police shall approve the issuance of a license upon making the following findings:

(1)	That there has been total compliance with the requirements of this chapter and all other governing laws, statutes and ordinances.
(2)	That the tow vehicle has been properly registered and inspected by the State of New York and has the necessary stickers affixed. No tow vehicle which is using dealer license plates shall be licensed as a wrecker.
(3)	That the insurance polices or certificates required herein have been procured and supplied.
(4)	That the applicant maintains an impound/storage facility within a one-half-mile radius of the border of the Town of Woodbury and that such facility meets the criteria as required.
(5)	The required impound area shall have the capacity to store five motor vehicles outside within a secured area surrounded by a fence with a minimum height of six feet as well as space to accommodate two vehicles in an inside secured area.
(6)	That the applicant is capable of collecting impound and storage fees at the impound facility where such vehicles are stored.
(7)	That the licensee agrees to record the details of each vehicle towed, serviced or transported by him, his agents or employees, together with full information concerning the details surrounding the hire, the name of the owner of the towed vehicle, when available, and the name of the patron engaging him, which records shall be kept open for inspection at all times to a duly authorized representative of the Police Department of the Town or of the Town Board. Records as described above need only be kept with respect to tows made off the Town of Woodbury tow list.

An impound storage list, as provided, must be completed and returned to the Town of Woodbury Police Department within five business days following the end of every month.

Impounded vehicles shall not be released unless authorized in writing by the Town of Woodbury Police Department.

Access to personal property inside a vehicle which is stored in impound shall be permitted with the approval of the Town of Woodbury police during normal business hours. A licensee shall not withhold personal property or access thereto in order to obtain satisfaction of towing or impound fees.

The fee for the license is $1,000 per year and may be reviewed by the Town Board as needed.

Upon the approval of the Chief of Police, the Town Clerk shall issue a license to the applicant, a copy of which must be kept in all towing vehicles while conducting operations under the license. All licenses issued hereunder shall expire on the 31st day of December next succeeding the date of issuance, unless sooner suspended or revoked by the Woodbury Town Board as hereinafter provided. Licenses are not transferable, delegatable or assignable.

A.	On each side of every tow vehicle, the license holder shall display, or cause to be displayed by painting, magnetic sign, or other similar means, the name, address, and phone number of the licensee by letters and numbers of not less then three inches in height and of contrasting color to the tow vehicle.
B.	The owner shall also display or cause to be displayed the towing license in a location easily observed from the rear of the tow vehicle.

No tow vehicle shall be licensed hereunder, nor shall any licensed tow vehicle be operated within the Town, unless there shall be deposited with the Town Clerk the following insurance policies or certificates of insurance:

(1)	Auto garage-keeper's legal liability policy covering fire, theft, and explosion in the minimum amount of $50,000, with each accident deemed a separate claim, naming the Town of Woodbury as insured. Proof of the Town's insurability shall be submitted to the Chief of Police prior the issuance of a permit.
(2)	Auto garage legal liability policy covering the operation of the licensee's equipment or tow vehicle for any bodily injury or property damage. This policy will be in the amount of $1,000,000 per person and $3,000,000 per accident, and naming the Town of Woodbury as insured. Proof of the Town's insurability shall be submitted to the Chief of Police prior to the issuance of a license.

Each policy herein must contain an endorsement providing 30 days' notice to the Town in the event of any material change therein or intention to cancel said policy for any cause. In the event that any policy is changed so as to fail to conform to any of the above requirements or if any policy of insurance is to be canceled for any reason, the Chief of Police shall notify the person responsible for the policy, and it shall be corrected or reinstated or replaced with the conforming policy within 30 days after notice is received by the Town, but before the date of cancellation. If the policy or certificate is not corrected, reinstated or replaced within 10 days prior to the date of cancellation, the Chief of Police shall immediately suspend the towing license and shall pick up from the owner all indications or licensing, including any stickers, cards or other means of identification.

Charges for the transportation, hauling or services of disabled or impounded vehicles shall not exceed the rates established by the Woodbury Town Board, which rates may be reviewed annually by the Police Department and the Woodbury Town Board.

No person who is under the age of 18 years shall drive a tow vehicle . Tow vehicle operators must possess a valid driver's license for the class of vehicle that is being operated, along with the tow truck endorsement.

The wreckers of licensees shall be equipped at all times with:

(1)	Emergency flashing amber lights visible from front and rear;
(2)	A CO₂ or dry-powder fire extinguisher with a minimum capacity of 10 pounds;
(3)	One container of oil-absorbing material with a minimum capacity of five gallons;
(4)	A carton containing at least one dozen red railroad-type flares;
(5)	A dolly/dolly wheels; and
(6)	A shovel and a broom for clearing the highway of nonhazardous debris, if any.

All equipment shall be maintained in good condition and in satisfactory working order.

No licensee may charge for towing services, clean-up or storage covered by these regulations more than the schedule of charges established and/or approved by the Town Board.

A licensee shall not require that a vehicle be towed to any particular shop for repairs, but may tow the vehicle to any location designated by the operator of the towed vehicle as provided in § 283-14E(1)(i).

No licensee shall induce or require any operator of any motor vehicle being charged for towing or other services to execute a waiver of liability for damages to his vehicle caused by the licensee, and no such waiver of liability shall be legally enforced. This shall not apply in cases of off-road recovery or lockouts.

No yard charges will be assessed for moving of vehicles while in the licensee's possession; vehicles must be available for release at the rates approved by the Town Board, Monday through Friday between the hours of 8:30 a.m. and 5:30 p.m. and Saturday between the hours of 8:30 a.m. and 3:00 p.m. A reasonable additional charge may be imposed for release of the vehicle after those hours as well as on Sundays.

Rates and fees.

(1)

Towing/impound rates applying to all tow call list services:

(a)

Day rate (8:00 a.m. — 6:00 p.m.): $75. [Amended 7-21-2005]

(b)

Night rate (6:00 p.m. — 8:00 a.m.): $100. [Amended 7-21-2005]

(c)

Weekend/holiday (all hours): $95. [Amended 7-21-2005]

(d)

Road service calls (nontowing):

[1]	Day rate: $50.
[2]	Night rate: $75.
[3]	Weekend/holiday: $85. [Amended 7-21-2005]
[4]	Lock-out rate: $45. [Amended 7-21-2005]

(e)

Snow ordinance towing: $100. [Amended 7-21-2005]

(f)

Motor vehicle accident (MVA) towing (includes impounds if involved in an accident): no set rate (subject to Town Board review on a yearly basis).

(g)

MVA storage fees: [Amended 7-21-2005]

[1]	Outside: $40.
[2]	Inside: $50.

(h)

All impound storage fees:

[1]	Outside: $25.
[2]	Inside: $30.

(i)

Towing to other locations at customer's request at applicable rate above plus a per-mile charge agreed to by the licensee and the customer before the tow is commenced.

(2)

NOTE: No storage fees will be charged for vehicles released within the first 24 hours from time of tow. This shall not preclude the licensee from collecting a storage fee for the first 24 hours when a vehicle is released subsequent to that initial period.

A license holder may not solicit owners for permission to tow to lots or locations other than their designated impound/storage lot unless the owner agrees, in writing on a form, which must be submitted to the Town Board and Town Attorney for approval. Without an owner's request or written permission, all tows must be to the license holder's designated lot. Failure to do so is a violation of the license requirements.

A.	A licensee performing towing services for the Town or requested by a police officer shall perform on a rotating basis. When the owner or operator of a disabled vehicle requests a particular tow company, that tow company shall be called and no tow vehicle shall be assigned from the rotating tow list. No licensee shall respond to the scene of an accident except upon notification by the police officer in charge, police headquarters, or upon the request of the owner or operator of a disabled vehicle.
B.	Such additional rules and regulations regarding the rotation of tow vehicles as may be hereafter promulgated by the Woodbury Town Board or Chief of Police shall take effect immediately after service of a copy thereof on holders of all licenses for wrecker in the Town. Service upon a licensee may be made by sending, via ordinary mail, a copy of such additional rules and regulations to said licensee's business address.
C.	A licensee shall be required to respond to the scene within a maximum of 20 minutes from the time the licensee is notified of a call by the Police Department. A licensee who does not answer a call for assistance or who fails to arrive at the designated location where assistance is requested within the twenty-minute response time, or who is otherwise unavailable when called, shall lose his or her turn on the towing roster and must wait for the roster to be called in its entirety before he or she is eligible to be called again.

Each towing firm responding for a call for service must supply the owner/operator of the vehicle who is at the scene with a card containing the tow firm's business name, address, telephone number, hours of operation, a written estimate of the expected charges and the accepted manner of payment.

The Police Department shall have the power to require tow vehicles to remove vehicles where:

A.	There is obstruction of a public right-of-way or private property pursuant to vehicle and traffic laws.
B.	A vehicle has been vandalized or presents a fire or safety hazard or is an attractive nuisance.
C.	An abandoned vehicle bears no discernible registration or identification data.
D.	An abandoned vehicle is not licensed or operable.
E.	A vehicle is violating any emergency no-parking provisions as set forth in the Town Code.
F.	Any other condition where permitted or required by law.

A licensee called to the scene of an accident must, in accordance with the New York State Vehicle and Traffic Law, at the scene, sweep away or clean up any nonhazardous debris, provided that he or she is furnished with police protection against moving vehicles at the scene. There shall be no charge by the licensee for the clean-up of debris resulting from the accident.

Any license issued hereunder may be suspended immediately by the Chief of Police or Town Board for up to 30 days if the licensee violates any provision of this chapter, any rule or regulation adopted hereunder or any local law of the Town after investigation by the Police Department which would include input from the licensee. If the license holder does not accept the suspension, the license holder may request a hearing with the Town Board, to be held within 10 days. If the licensee is convicted of any felony, crime or is guilty of making a false statement or misrepresentation in his application, any license issued hereunder may be suspended pending a hearing for revocation by the Town Board.

No license shall be revoked by the Town Board hereunder without a hearing thereon.

A.	The Town Clerk shall give notice of the hearing, stating the name and address of the applicant or licensee concerned, the subject matter of the hearing and the date, place and hour designated therefor, by mailing the copy of the notice of hearing to the applicant or licensee concerned at the address shown upon the most recent application of such applicant or licensee at least 15 days before such hearing, by certified mail. The hearing is to take place within 30 days of the suspension.
B.	Upon any hearing, the applicant or licensee involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing.
C.	All witnesses shall be sworn and examined under oath.
D.	Within 45 days after the hearing, the Town Board shall render its decision, which may be to suspend or revoke any license issued hereunder. Such decision shall be in writing with the reasons for such decision, and shall be mailed to the parties involved by certified mail.

Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $250 or by imprisonment for a period not to exceed 30 days, or by both such fine and imprisonment. Each violation of any of the provisions of this chapter and each day there is a violation thereof shall be deemed and taken to be a separate and distinct offense. In addition, the Town Board, after a hearing, may suspend or revoke any license issued hereunder for violation of any of the provisions of this chapter for such period of time as found appropriate after the hearing.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 1-18-1979 by L.L. No. 1-1979. Amendments noted where applicable.]

GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 36.
Streets and sidewalks — See Ch. 269.
Subdivision of land — See Ch. 272.

It is the intent of this chapter to promote the general welfare of the people of the Town of Woodbury by providing for the protection, regulation, planting and cutting of trees in such a way as to protect and preserve the environment by controlling the tree life in the Town of Woodbury. Shade and ornamental trees must be protected in this rapidly growing area since they provide shade and beauty and grace to our town. Trees also act as barriers to surface water flow and soil erosion which without the proper control could become a serious problem in the town, which is predominantly mountainous.

A.	It is hereby declared to be the policy of the Town of Woodbury to conserve, protect and regulate the planting and cutting of trees which are an integral part of the natural resources and environment of the Town of Woodbury in order to enhance the health, safety and welfare of the people and their overall economic and social well-being.
B.	It shall further be the policy of the town to improve and coordinate the plans for the protection, regulation and planting of trees and forest management with the overall environmental plans of the town in cooperation with the federal and state government.
C.	It shall further be the policy of the town in implementing this chapter for the protection, regulation, planting and cutting of trees to foster, promote, create and maintain conditions under which man and nature can thrive in harmony with each other and achieve social, economic and technical progress for present and future generations for the citizens of Woodbury.

A.	With an ever-growing population in the Town of Woodbury, it is absolutely essential to our citizens to remove pollution from our air. It takes approximately 20 mature trees to clean the air of gases produced from vehicular traffic consuming five gallons of gasoline. Healthy trees greatly assist in this battle against air pollution since moist tree foliage traps dust and soot particles until the rain washes it away.
B.	Properly planted and nurtured trees are also needed to create sound barriers to reduce the noise level made by vehicular traffic, trains and ultimately the noise which will be created by the air traffic in and about Stewart Field.
C.	The Board has also determined that, due to the increase of assessments within the Town of Woodbury, it has become increasingly difficult for many owners of large tracts of land to meet the financial demands imposed upon them by increased state, county, town and school taxes. The result has been that many people have instituted commercial logging operations which is in violation of the Woodbury ordinance even though such operations completely comply with the New York State Environmental Conservation Law. The Town Board is anxious to cooperate with the New York State Department of Environmental Conservation in implementing a plan of forest management and timber harvesting in such a way as to protect the environmental advantages that the town has throughout the wooded sections of the town.

COMMERCIAL TIMBER HARVESTING — An operation in which a landowner is paid for trees to be cut down and taken away on more than one acre.

COMMISSION — The Town of Woodbury Environmental Conservation Commission.

MUNICIPALITY — A city, village, town or consolidated health district.

NONCOMMERCIAL OPERATION — An operation which involves the removal of undesirable stems, for which there is no value, from the stand to improve growth and vigor of remaining stems on more than two acres. The removal of a diseased or dangerous tree shall not fall within this definition. [Amended 3-20-1980 by L.L. No. 3-1980]

PERSON — Any individual, firm, copartnership, association or corporation other than the town and public corporation.

PROFESSIONAL FORESTER — One who has a minimum of a bachelor of science degree in forestry from a four-year college accredited by the Society of American Foresters.

RESIDENTIAL BUILDING AND A MULTIPLE RESIDENCE CONTAINING THREE OR MORE DWELLING UNITS — Any building designed or occupied in whole or in part as a dwelling for one or two families, multiple residence or planned unit developments.

SUBDIVISION — Any tract of land which is hereafter subdivided into two or more parcels along an existing or proposed street, highway, easement or right-of-way, for sale or for rent as residential lots or residential building plots regardless of whether or not the lots or plots to be sold or offered for sale or leased for any period of time are described by metes and bounds or by reference to a map or survey of the property or by any other method of description.

No person shall do or cause to be done upon trees in any right-of-way, public street, road or highway within the Town of Woodbury, without first obtaining written permission from the Commission or Superintendent of Highways or other highway agency as hereinafter provided, nor shall any person do or cause to be done on town property, including parkland, without prior written approval of the Commission, any of the following acts:

(1)	Cut, trim, break, climb with spikes, disturb the roots or otherwise intentionally injure, misuse or spray with harmful chemicals or remove any living tree five inches or more or remove any device installed to support or protect such trees.
(2)	Plant any tree.
(3)	Fasten any rope, wire, electrical equipment, sign or other device to a tree or any guard about such a tree or shrub.
(4)	Close or obstruct any open space provided at the base of a tree which open space is necessary to permit the access of air, water or fertilizer to the roots of such tree.
(5)	Pile, heap or store any building material, soil, debris or any other matter or make any mortar or cement within a distance of six feet of a tree.

Any utility company having control over transmission wires which abut a public highway, street or road shall at all times protect trees through which or near which such transmission lines pass against any injury from the transmission lines or from the current carried by them.

During the period of construction or repair of any building or structure or in the construction or repair of a street, road and highway not yet dedicated to the town, the owner thereof and/or the contractor shall take every precaution to place guards around all nearby trees on town land or within public roads or rights-of-way so as to effectively prevent injury to such trees. The owner and/or contractor shall each be responsible for the placement of such guards or guardrail, and failure to make adequate provision for the protection of the trees shall subject the owner and builder to a penalty as hereinafter provided.

No person shall permit any brine, gas or any other injurious chemical to come into contact with the stem or roots of any tree or shrub upon any public highway, street or road or town property.

Where a person desires to control the growth of trees on a public highway, street or road or right-of-way by removing them or pruning the trees, then the person shall apply for approval to the Commission and shall outline the work to be performed. If the applicant fails to comply with the order of the Commission, the applicant shall be subject to the penalties as hereinafter provided.

Where an owner of real property plans to develop his property as a subdivision, planned unit development, multiple residential development or an undeveloped building lot on which a house is to be constructed, he shall not remove any live trees until the Commission has reviewed the plans and made recommendations pursuant to § 286-7 of this chapter and only under the following circumstances:

A.	Any tree protected by this chapter that is seriously damaged or removed by the developer shall be replaced prior to the issuance of a certificate of occupancy.
B.	All replacement trees must comply with the specifications for the planting of shade trees for the Town of Woodbury as provided in § 286-9 of this chapter.

Where a person develops his property as a subdivision, planned unit development or multiple residential development which requires the approval of the Woodbury Planning Board, then the developer shall be required to submit to the Commission, for its recommendations, his plans at the following stages of development:

(1)	Rough stage plan. Simultaneously with the submission of his rough plans to the Woodbury Planning Board, the developer shall submit to the Commission for its review three sets of the plans showing the proposed location of roads and lots to enable the Commission to physically inspect the area and to make preliminary recommendations to the Planning Board.
(2)	Preliminary approval. Simultaneously with the submission to the Planning Board of maps for preliminary approval, the developer shall submit three sets of his preliminary maps to the Commission to enable the Commission to recommend and to designate trees to be saved by the developer along the proposed roads. The Commission shall physically inspect the area and shall submit a written report to the Planning Board making recommendations of trees to be saved. In addition to the written report, the Commission shall preliminarily mark the trees which it has recommended to the Planning Board for preservation in order to give the developer sufficient information concerning the trees to be saved. In granting preliminary approval, the Planning Board may consider the recommendations of the Commission as a condition to the granting of such preliminary approval. At any time after receiving preliminary approval, if the developer changes his road pattern and lot layout, then he shall submit to the Commission, as above provided, copies of his new map so that the Commission may revise, if necessary, its preliminary report to the Planning Board.
(3)	Final approval. In considering the application for final approval, the Planning Board may require that the developer, as a condition to such approval, follow the recommendations of the Commission or follow those recommendations which the Planning Board deems advisable under the circumstances. The manner of designating the trees to be saved shall be left to the discretion of the Commission.
(4)	Building permits. Prior to the issuance of a building permit by the Administrator, the Commission shall designate on a given lot the trees to be retained by the developer, which designation shall be based on the proposed location of the house, driveway, septic system and other accessory uses and structures, it being understood that in that area the Commission shall not designate any tree for preservation. [Amended 7-1-1982 by L.L. No. 6-1982]
(5)	Certificate of occupancy. Prior to the issuance of the certificate of occupancy, the Building Inspector shall inspect the premises to make certain that all trees designated by the Commission for preservation shall in fact be in existence. In the event that the developer has removed any trees designated by the Commission without the Commission's prior approval, then the developer shall replace the trees with trees of equal kind to the satisfaction of the Commission.

Where a person is to build on an individual lot, then that person shall be required to obtain the Commission's approval at the same stage as required by § 286-7A(4) and (5) of this chapter. [Amended 4-3-1980 by L.L. No. 5-1980]

[Amended 9-22-1994 by L.L. No. 5-1994]

Where the Woodbury Planning Board has given final approval to a subdivision, unless the Planning Board determines to grant a waiver for specific circumstances relating to the planting of trees, the developer shall comply with the recommendations of the Commission for the preservation of designated trees and the planting of trees within the right-of-way to be dedicated to the town. Any of the trees that have been approved by the Commission which are inadvertently felled during construction are to be replaced by the developer. In the event that there are no sidewalks or curbs required by the Planning Board, the developer shall plant shade trees within five feet of the improved portion of the right-of-way. The developer shall plant one shade tree for every 40 feet of frontage on the proposed right-of-way or within a reasonable distance from the proposed improved section of the right-of-way; then the Commission shall waive applicable sections of this chapter concerning the planting of new trees by the developer. All types and locations of shade trees to be planted shall be shown in the written recommendations submitted to the Planning Board and shall be planted in accordance with the specifications for planting shade trees as hereinafter provided.

Where a building permit has been requested from the Woodbury Building Inspector for the construction of a building requiring off-street parking for 10 or more vehicles, then the owner or builder shall be required to plant shade trees around the perimeter of such parking space in accordance with this chapter. Where the season or weather prevents such planting, the owner or builder may deposit with the Town Clerk a sum sufficient to guarantee the planting of such trees.

Specifications and requirements.

(1)	Trees shall be balled and burlapped and shall not be less than two to 21/2 inches caliper measured six inches above the top of the ball nor less than 10 feet high. They must be well-branched, the branches to start not less than six feet from the crown of the root system. Trees should be nursery-grown, and a nursery inspection certificate should be available covering all trees.
(2)	In the event that there are no sidewalks or curbs existing or proposed, the person or party shall plant shade trees in the right-of-way line. Trees should start 15 feet from the point of curvature of the curb, located on the tangent side of the curb and shall be approximately 40 feet apart. Trees should be staggered when planted on opposite sides of the same street. No tree shall be located in such a manner as to limit the sight distance along the road below the specified minimum in the highway specifications.
(3)	In general, excavations for planting shall be large enough to accommodate the natural spread of the root system and at least one foot deeper and two feet wider than the ball of earth supplied with the tree. The pit shall be rock free and refilled with seven parts topsoil and one part humus and the parent soil discarded. Hardpan shall be loosened an additional 12 inches from bottom and side of pit. Trees shall be adequately fertilized and watered at the time of planting and mulched with three inches of approved mulch immediately after planting.
(4)	Trees shall be staked and guyed immediately after planting. Stakes shall be of cedar or oak eight feet long, no less than two inches in diameter and driven into the tree's root system. Trees shall be guyed to the stakes using No. 10 wire covered with rubber hose or equal. The wire shall be stapled to the stake in such a manner that it will not slip or come into contact with the tree trunk. The trunk of the tree may be protected with tree wrapping paper.
(5)	Removal of debris is required. The property must be left in a neat and orderly condition in accordance with good and accepted planting and tree surgery practice.
(6)	Trees shall not be planted between May 15 and September 15 without specific authorization of the Commission.
(7)	Notice must be given to the Commission 30 days prior to the start of planting in order that the plants and trees may be inspected and approved for tree variety, condition, size and quality. All work shall be subject to the general supervision and approval of the Commission.

Any tree improperly planted or not meeting these specifications will be subject to removal. Any tree that does not survive or is in an unhealthy condition at the end of one year shall be replaced at no cost to the Town of Woodbury. Said replacement shall be made within 60 days following written demand for such replacement or within a more extended period as may be specified.

Review by professional forester. Where a property owner or logger wishes to conduct either a commercial or noncommercial timber operation, the area to be timbered shall first be reviewed by a consulting forester who shall be retained by the Town Board to advise it concerning the proposed operation. All moneys expended by the town in retaining the consulting forester shall be reimbursed to the town prior to the issuance of a special permit by the Woodbury Town Board. [Amended 3-4-1982 by L.L. No. 2-1982]

Permit procedures. The Town Board of the Town of Woodbury shall be responsible for the issuance of a special permit where a commercial or noncommercial timber harvesting operation is contemplated. Before granting such special permit, the following information shall be submitted at the time the Town Board holds a public hearing:

(1)

A summary of cutting operations to include:

(a)	Total land area involved in cutting operations.
(b)	The number of trees of each species to be cut.
(c)	The range, in inches, of diameter, measured at the standard breast height (41/2 feet above the ground) of the trees to be cut.
(d)	The total board foot volume for each species to be cut.
(e)	The total volume to be removed from the cutting area.
(f)	The average number of trees per acre to be removed.
(g)	The average number of board feet per acre to be cut.
(h)	For harvesting of products such as Christmas trees, fence posts, poles, pilings and firewood, the units to be removed per acre and the total units for the area to be removed shall be shown in lieu of the items in Subsection B(1)(b), (d), (e) and (g).

(2)

A sketch map to show:

(a)	Boundaries of property.
(b)	Access roads into property.
(c)	Area within the property where harvesting or improvement cutting will occur.
(d)	Location of product loading areas.

(3)

A statement from the landowner that each tree to be removed has been designated by a professional forester, with paint or other distinctive means, at two points so as to be readily visible by the buyer. One point shall be low enough on the tree so as to be visible on the stump after the tree is removed. Trees being removed for other than sawtimber need not be marked on the stump.

(4)

In issuing a special permit for a commercial or noncommercial timber harvesting operation, the Town Board may require the owner or harvester to fulfill the following conditions: [Added 5-7-1981 by L.L. No. 5-1981]

(a)	Cut trees to leave a low stump. The felling cut should be above the stump paint mark, but no higher than the diameter of the tree being cut.
(b)	Utilize all sound trees to a top diameter inside the bark of 10 inches for hardwoods and eight inches for softwoods.
(c)	Cut all marked cull trees and salvage the usable portions.
(d)	The tops of all trees harvested shall be of a height not exceeding four feet from the ground when measured vertically, and no trees shall be cut in such a way that the tops hang from remaining trees or that they lean against such trees.
(e)	Protect all young trees against all unnecessary injury.
(f)	Use only dead or cull trees for any construction necessary for the timbering operation.
(g)	Keep all existing roads clear of logs, tops, brush or any other obstructions.
(h)	Construct skid trails and roads on the land covered by this permit only at locations approved by the town's Consulting Forester.
(i)	Repair any damage to access and other roads, bridges, fences, ditches, trails or other improvements that have been damaged in excess of the reasonable wear and tear of the harvesting operation.
(j)	Remove all material and refuse from loading yards and other assembly areas at the completion of the harvesting and, where possible, seed said areas with a perennial grass at a rate of not less than one pound per 225 square feet.
(k)	Use due care throughout harvesting operation to prevent fires and require the extinguishing of all fires endangering the woodland which is the subject of this permit.
(l)	Provide a performance bond or money security deposit in an amount to be determined by the Town Board to be posted with the Town Clerk to guarantee the satisfactory compliance with all of the conditions specified in the permit. In the event that the conditions have not been complied with by the owner or harvester, then the Town Board may apply such amount of the security deposit as is necessary to complete the work required to attain proper certification by the town's Consulting Forester. Any balance of the security deposit remaining unused will be returned to the owner or harvester.

(5)

The Town Board may impose any additional conditions to the issuance of the special permit which it believes are required under a particular set of circumstances. [Added 5-7-1981 by L.L. No. 5-1981]

Noncommercial forest stand improvement operations. Thinning and cull removal are forestry operations in noncommercial stands of trees and are designed to provide more growing room for better trees. Involved is the removal of poor-quality, low-vigor, injured, diseased or excessively crowded trees. The material involved is rarely usable, and the operation, therefore, is not one for which the landowner receives an income. However, the benefits to the total environment, the forest, the wildlife habitat, the owner and the town itself are such that people should be encouraged to undertake these activities. [Amended 5-21-1981 by L.L. No. 7-1981]

Commercial and noncommercial forest stand improvement standards.

(1)

Trees falling on adjacent properties as a result of an improvement operation shall immediately be returned to the permittee's property.

(2)

Loading areas shall be smoothed to remove all ruts and debris. Waste materials shall be buried or shall be removed to a point out of sight of any town road.

(3)

No harvesting or cutting operations or removal of products shall take place between the hours of 7:00 p.m. and 7:00 a.m.

(4)

The term of this permit shall be for one year. However, since forest stand improvement operations may be adversely affected or delayed by unusual circumstances of weather or other occurrences, an extension of one year shall be available on the recommendation of the Environmental Conservation Commission when requested by the landowner.

(5)

The Environmental Conservation Commission shall recommend the following standards be invoked where necessary:

(a)	Top lopping or removal of debris within 100 feet of any town road, or leaving an uncut screen along such roads.
(b)	Construction of water bars and the seeding of logging skid roads to prevent or reduce erosion.
(c)	To ensure the compliance of the permittee to the standards of this chapter, a performance bond, in suitable amount, may be required.

Approval by Town Board. There shall be no commercial or noncommercial timber operations in the Town of Woodbury unless the owner or logger receives prior approval from the Town Board. [Added 3-4-1982 by L.L. No. 2-1982]

[Amended 3-4-1982 by L.L. No. 2-1982; 7-1-1982 by L.L. No. 6-1982]

This chapter shall be enforced by the Environmental Conservation Commission of the Town of Woodbury. It shall be the duty of the Environmental Conservation Commission to issue notices of violation of this chapter or any rules and regulations of the Commission and, with the approval of the Town Board, to take all necessary legal steps to enforce this chapter, to keep the Town Board advised of all materials pertaining to the enforcement of this chapter and to file all necessary records in the office of the Town Clerk.

However, the provisions of this chapter for commercial and noncommercial forest improvement operations shall be enforced by the Administrator or the Woodbury Police of the Town of Woodbury. It shall be their duty as to violations of these sections to issue notices of violation and to take all necessary legal steps for its enforcement.

Any person who violates this chapter or fails to comply with any conditions of a special permit issued by the Town Board shall be liable to a penalty of not less than $25 nor more than $500 for such violation and an additional penalty not to exceed $25 for each day during which such violation continues, and, in addition hereto, such person may be enjoined from continuing such violation.

In addition to the above penalties, the court may impose an additional penalty equal to 25% of the value of the timber taken in violation of this chapter. In making such determination, the court might retain the services of the town's consulting forester to determine the number of trees that were taken and its market value. In the event that the court does retain the services of a consulting forester, then any fee that may be charged by the consulting forester shall be part of the penalty imposed pursuant to the terms of this section. [Added 3-4-1982 by L.L. No. 2-1982]

[HISTORY: Adopted by the Town Board of the Town of Woodbury 9-23-1993 by L.L. No. 1-1993. Amendments noted where applicable.]

The Police Department of the Town of Woodbury has found that in the past many vehicles which are abandoned within the town are not claimed by the owners within the time limitations provided by § 1224 of the Vehicle and Traffic Law. This section of the Vehicle and Traffic Law allows for the sale of an abandoned vehicle by auction 10 days from the date notice was given to the owner that the vehicle has been recovered, is considered abandoned and will be sold at auction. The Vehicle and Traffic Law also provides that the abandoned vehicle may be converted to the Town of Woodbury's use, provided that the town has adopted an appropriate local law.

As used in this chapter, the following terms shall have the meanings indicated:

ABANDONED VEHICLE — A motor vehicle is considered abandoned if left unattended:

A.	Without number plates for more than six hours on any highway or other public place.
B.	With number plates for more than 24 hours on any highway or other public place where parking is not permitted.
C.	With number plates for more than 48 hours after parking becomes illegal, when left on a part of a highway or public place where parking was previously legally permitted.
D.	With or without plates for more than 96 hours on someone's property without permission of the property owner.

If an abandoned vehicle, at the time of abandonment, has no number plates affixed and is of a wholesale value, taking into consideration the condition of the vehicle, of $750 or less, ownership shall immediately vest in the Woodbury Police Department, and title to the vehicle shall vest in accordance with applicable law and regulations; provided, however, that the Woodbury Police Department shall not be required to obtain title to an abandoned vehicle that is subject to the provisions of this section if the vehicle will be sold or otherwise disposed of as junk or salvage, dismantled for use other than as a motor vehicle or otherwise destroyed.

The Woodbury Police Department is hereby authorized pursuant to the Vehicle and Traffic Law § 1224, Subdivision 6(a), to convert to its own use those abandoned vehicles not affected by §§ 292-2 and 292-3 of this chapter for use by the Woodbury Police Department in its law enforcement activities. However, the total number of vehicles converted in any calendar year may not exceed 1% of the Woodbury Police Department's unclaimed abandoned vehicles not affected by § 292-3 of this chapter or two such vehicles, whichever is greater.

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

GENERAL REFERENCES
Sewers — See Ch. 253.
Subdivision of land — See Ch. 272.
Water and sewer inspections — See Ch. 301.

ARTICLE I Water Service [Adopted 6-4-1959, as amended through 9-8-1964 and 3-28-1966]

The management of the water system shall be under the supervision of the Superintendent of Water and Superintendent of Sewage, who shall be appointed for such term and on such basis as the Town Board may determine. The Superintendent of Water and Superintendent of Sewage, on behalf of the Town Board, shall have general supervision of the operation of the water system of the Town of Woodbury, which includes Woodbury Consolidated Water District and Woodbury Water District Nos. 1, 2, 3, 4 and 5 (hereinafter called the "district"), issue all permits required, supervise the reading of meters and make a report to the Town Board at such times as it may direct on the operation of the water system and the performance of their duties, as well as give such further information as may be helpful to the Town Board in properly conducting the affairs of the Woodbury Water Districts. [Amended 6-16-1977 by L.L. No. 5-1977]

All moneys shall be received by the Town Clerk, who shall keep a record of the money received and the name of the person or corporation for whose account the same has been paid and of the purpose of such payment, giving such further information as may be helpful to the Board in properly conducting the operation of the water system.

A.	Permanent water service shall be rendered by meter only. In order that there may be a uniformity of make and design and to give the greatest efficiency in operation and maintenance, all meters shall be of such make and type as from time to time may be approved by the Board and shall be procured from the district.
B.	The district will supply and the property owner shall pay for and install at his expense one meter, at a location directed by the district, for each property or for each consumer, as the district may direct. In the event that the pipes of the property owner are not in proper condition for the installation of a meter, the property owner shall cause said pipes, at the point where said meter is to be installed, to be put in proper condition prior to the installation of said meter.
C.	A stop or waste cock shall be provided within the building, so located that all piping on the consumer's side of the meter can be drained whenever necessary. Valves will be installed on each side of the meter in close proximity thereto so as to permit the mounting and demounting of the meter without the draining of any pipes. All of the work required by this section shall be done by the property owner at his expense, but in accordance with specifications and requirements of the Superintendent of Water and Superintendent of Sewage and subject to inspection and approval by them.
D.	All new residential, commercial and industrial uses within the water districts shall be required to have installed, as a condition to the issuance of the certificate of occupancy, a water meter for each individual use. In the event that a multiple-family or garden apartment complex is constructed, then each living unit shall be required to have a water meter installed subject to the approval of the Superintendent of Water. [Added 8-18-1988 by L.L. No. 11-1988]

A.	No person or corporation not connected to the water system at the effective date of this article shall use the water supplied by the district for any purpose whatsoever without having first obtained a permit upon written application therefor, after having first paid any charges pertaining to the introduction of water to the premises.
B.	All applications for introduction of water to any premises or for the use of water shall be made upon a blank furnished by the district for such purpose and shall be signed by the owner or his, her or its duly authorized agent. Such application shall contain a statement of all uses for which water is desired, and a use of water for any purposes other than mentioned in the application shall be sufficient cause to justify discontinuance of water service. Application for additional uses may be made at any time, and a permit may be granted therefor.
C.	All permits will be given upon the express condition that the Town Board may at any time revoke and annul the same if any provisions of this article have been violated or if the Town Board shall deem revocation and annulment of a permit to be for the best interest of the district.
D.	The property owner will lay, at his cost, and the district shall maintain the service pipe from the main to the curb cock, with such installation to be the property of the Town.
E.	The property owner will provide and make payment for all permits required by authorities having jurisdiction, such as the New York State Department of Public Works within state highways, Orange County Highway Department in county roads and Town of Woodbury Highway Superintendent in Town roads when required and shall comply with the regulations of the authorities having jurisdiction as to bond, insurance, barriers and warning lights, method of performing work and restoration of surfaces.
F.	The corporation cock shall be furnished by the district at the expense of the property owner, and the property owner shall at his expense install the same, under the supervision of the Superintendent of Water and Superintendent of Sewage, and provide all necessary excavation, backfill and other work.

[Amended 6-16-1977 by L.L. No. 5-1977]

No construction or excavation shall be done within 100 feet of any existing street, highway or public place in which there are underground facilities, as defined in § 760 of the General Business Law, without having first given notice pursuant to the provisions of Article 36, § 760 et seq., of the General Business Law.

For all installations of water lines and/or services and appurtenances in areas subject to the approval of the Planning Board, the following provisions shall apply:

A.	Connection shall be made to the district water system at a point designated by the Superintendent of Water and Superintendent of Sewage.
B.	Pipes, valves and hydrants shall be installed in accordance with a plan approved by the Town Board.
C.	Service connection shall be made with copper tubing, Type K, three-fourth-inch minimum size, with corporation cock, together with curb stop and curb box, being of make, type and size as approved by the Superintendent of Water and Superintendent of Sewage. [Amended 6-16-1977 by L.L. No. 5-1977]
D.	Furnishing of materials and installation of all water lines, valves, hydrants and services shall be in a manner satisfactory to the Superintendent of Water and Superintendent of Sewage.
E.	All costs of materials and installation of water mains, valves, hydrants and services shall be borne by the developer.
F.	As a condition of obtaining service, all water mains, valves and hydrants, plus the water services to the limits of existing public highways or to the outer limits of a fifty-foot area proposed for ultimate dedication as public highways, shall be deeded to the district.

No person shall make any attachment to or connection with any of the pipes or mains of the district nor make any repairs, additions or alterations to service pipes, except on the consumer's side of the meter, without prior written notice to the district, and no pipes shall be covered until said repairs, additions or alterations have been inspected by a representative of the district.

A.	Service pipe from the corporation cock to the meter shall be laid at least four feet below the surface of the ground at all points. Red or white lead or joint compound shall be used on the male threads only between the main and the meter. No tee or other fitting through which water can be taken will be permitted on the service pipe between the corporation cock and meter. [Amended 6-16-1977 by L.L. No. 5-1977]
B.	In case of default in payment of water rent by any one customer, the main service may be cut off until the back charges are paid, and the district shall not be liable for damages to any other consumer who may thus be deprived of water.
C.	No pipe or fixture connected with the mains of the district shall also be connected with pipes or fixtures supplied with water from any other sources, unless specifically approved by the district and the Department of Health of the State of New York.

[Amended 6-16-1977 by L.L. No. 5-1977]

In the event that a service pipe becomes insufficiently buried due to change in ground cover or a curb stop or curb box becomes difficult to use due to a change in ground cover, damage, loss of location or other cause, the property owner shall promptly correct the condition. In case the property owner fails or neglects to make such alterations promptly, the supply of water will be shut off until the alterations are completed, and a charge defined in § 298-25 shall be paid prior to the restoration of service. Any work that is required to be done by the property owner may be done by the district at its option and the cost shall be charged to the property owner.

[Amended 6-16-1977 by L.L. No. 5-1977]

Meters up to and including 11/2 inches in size (pipe diameter) shall be kept in good repair by the district at its own expense. The owners of premises into which water is introduced by a service pipe shall be required to maintain in perfect order and repair, at the owner's expense, said service pipe and its fixtures and appurtenances from and including the curb box to and into the premises. The property owner shall notify the district promptly of any leak, defect or damage affecting the service pipe between the property line and the point where metered. The service pipe and appurtenances between the main and the curb cock shall be repaired by the district but shall be replaced by the property owner at his expense when required.

In case a building is to be closed or become vacant, notice thereof shall be given to the district in order that the meter may be read and curb cock closed. Where such notice is not given and pipes burst from freezing or other cause or where the meter is damaged or destroyed by any act of commission or omission of the property owner, the value of the water lost by reason thereof, as estimated by the district, together with the cost of repair of said meter and pipes, together with the additional sum defined in § 298-25 shall be paid by the property owner.

A.	Where a water meter, 1 1/2 inches or less in size (pipe diameter), fails to register the correct quantity of water delivered through it or where it otherwise becomes out of order or in need of repair, notice thereof shall be given to the Town of Woodbury Water Superintendent. Another meter will then be loaned and installed during the time required for testing and repair. The district will cause the meter to be tested and if the meter, on test is found to be registering over 3% more water than actually passed through it, no charge will be made for the test, if the test was requested by the property owner. Otherwise, a charge as defined in § 143-3N to cover the cost of removing, testing and resetting the meter will be made to the property owner requesting such a test. [Amended 3-16-2000 by L.L. No. 5-2000; 5-6-2004 by L.L. No. 3-2004]
B.	If a meter is out of order and fails to register, the property owner will be charged for the estimated amount of water consumed.
C.	No seal placed by the district for the protection of any meter, valve or other water connection shall be tampered with or defaced. If the seal is broken, the district reserves the right to remove and test the meter at the property owner's expense.
D.	Damage to water meters due to freezing or neglect shall be billed for the full cost of replacement plus one hour of labor. [Added 3-16-2000 by L.L. No. 5-2000]
E.	Any water meter two inches or greater in size (pipe diameter) shall be tested by a meter testing company approved by the Town of Woodbury Water Superintendent at the owner's expense every seven years. The results of the test shall be submitted to the Town of Woodbury Water Superintendent. Meters shall be certified to be accurate within 3% +/- of true reading. Meters failing to pass this accuracy requirement shall be repaired and retested within six months of the initial testing. Upon adoption of this provision of the code any meter that has not been tested within the past seven years shall be tested and certified immediately with the results filed with the Town of Woodbury Water Superintendent within six months of adoption of this code revision. At the time of adoption only, if an owner is in need of up to a six month extension to comply with this section it can be granted at the sole discretion of the Town of Woodbury Water Superintendent upon presentation of adequate documentation warranting same. [Added 5-6-2004 by L.L. No. 3-2004]

A.	No person shall open, interfere with or draw water from any fire hydrants in the district without a written permit from the district therefor, except that hydrants may be opened by or on the order of any member of a Fire Department within the district, in case of fire, for the purpose of attaching thereto fire hose and equipment.
B.	Whenever a hydrant has been opened and used, notification of such fact shall be promptly given the district.
C.	No tools or implements shall be used to open hydrants, except such as are furnished by the district or by the Fire Department.

Where water has been turned off by direction of the district, it shall not be again turned on without the permission of the district.

[Amended 3-16-2000 by L.L. No. 5-2000]

Bills for water service shall become due and payable to the Town of Woodbury, and such payment shall be made to the Water Rent Collector at his office, quarterly for the periods ending on the last days of December, March, June and September each year.

Water rents and charges and penalties thereon shall be a lien upon the real property upon which the water is used, and on or before the day when, under the Town Law, preliminary estimates of expenditures are required to be submitted, the Town Clerk shall prepare and file with the Town Board a statement showing all water rents and charges with penalties thereon, if any, unpaid for more than 60 days, which statement shall contain a brief description of the property to which the water was supplied or upon which charges were incurred, the name of the property owner liable to pay the same, so far as may be known, and the amount chargeable to each.

Such rents, charges and penalties shall not be collected by the Water Rent Collector after the filing of such statement with the Town Board but may thereafter be paid to the Supervisor until such time as a statement of such unpaid water rents, charges and penalties is submitted for the purpose of levying the same as a tax against the property affected. [Amended 6-16-1977 by L.L. No. 5-1977]

Where meters are required, each dwelling or building, or parts thereof having unrelated occupancy or distinctive use, shall, at the option of the district, have a separate meter. Where water is supplied through a single meter for more than one such occupancy or distinctive use, the minimum charge shall be the regular charge for such meter, multiplied by the number of such occupants or distinctive uses, and in order to determine the charge to be made for water used where there is more than one such occupancy or use served by a single meter, the total amount of water delivered as registered by the meter shall be divided by the number of such occupants or distinctive uses, and the result shall be deemed to be the amount of water delivered for each such occupancy or distinctive use and shall be charged for as if the quantity of water furnished each such occupancy or use was through a separate meter.

Water required for construction or other temporary purpose shall be used only after written application to the Town Board for permission to use the same, and the Town Board shall have the right and power to fix such terms as the Board may deem proper for such temporary use.

The authorized agents of the district shall have full power to enter the premises of any consumer at all reasonable hours to install a meter, read a meter or examine the fixtures, plumbing and manner of using water.

In all places where steam boilers, hot-water tanks or refrigerating or air-conditioning units are supplied with water from the water system, the owner or consumer must see that the plumber places a suitable safety valve, vacuum valve or other proper device to prevent damage from collapse or explosion when water is shut off. Hot-water and heating systems must be equipped with a check valve to prevent hot water from siphoning back to the meter. The district shall not be liable for any damage resulting from sudden shutting off of the supply of water from any steam boiler or other fixture deriving its supply from the water system.

The district shall not be liable for any damage or loss to property or persons which may arise from or be caused by any change, diminution in or increase of the water pressure from any cause whatever.

Service pipes and fittings from the main to the meter shall conform to such standards and shall be of such make and type as the district shall direct and shall be of such size as the district shall deem proper. The minimum size for any service hereafter installed, however, shall be 3/4 inch. Service pipes from the curb cock to the meter less than two inches in diameter shall be of pure, seamless, soft-tempered copper tubing with flared bronze fittings. Tubing shall be of the following thickness:

Normal Pipe Size (inches)	Outside Diameter of Tubing (inches)	Type
3/4	7/8	K
1	11/8	K
11/4	13/8	K
11/2	15/8	K

No soldered joints shall be permitted in copper tubing underground.

A.	All persons who hereafter make applications for water service, or who continue the use of the water service after this article takes effect will be deemed to have assented thereto and to have agreed to conform to the provisions of said article and to pay the water rates hereby established.
B.	Whenever any of the provisions of this article are violated, the water supply may, in the discretion of the district, be shut off and the meter removed. Such service will not be resumed until the cause for discontinuance is removed or satisfied and the expense of shutting off and turning on the water, if any, is paid to the Water Rent Collector.

Editor's Note: Former § 298-22, Discontinuance of service, as amended, was repealed 3-16-2000 by L.L. No. 5-2000.

The right is reserved to change and amend this article, to make special rates, variations and contracts in all proper cases or to turn off the water supply without notice in case of extensions, repairs or other necessity, without liability for damages for lack of water or for any damage which may result from the turning off of the water supply.

[Amended 6-16-1977 by L.L. No. 5-1977; 6-16-1977 by L.L. No. 15-1977; 5-8-1989 by L.L. No. 1-1989; 5-6-2004 by L.L. No. 4-2004]

Any person committing an offense against any provision of this article shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine of not less that $100 nor more than $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense for each day (24 hours) shall be deemed a distinct and separate violation.

Any person or entity who fails to comply with § 298-11E regarding the testing and repair of water meters with a diameter of two inches or greater in size shall be subject to the following schedule of penalties, which is based on 10% loss of metered water at a fifty-gallon per minute capacity over an eight-hour period. Said penalty will be applied as a lien upon the real property as set forth in Town Code § 298-15.

Penalty Based on Ten-Percent Loss and 8 Hours Per Day
Meter Size (inches)	Design Rate - Max (gpm)	10% Loss at 50% Capacity (gpm)	Usage per 8 hours	Water Lost Per Quarter (gal/(x10)³)	Water Cost (per 1,000 gallon)	Cost of Water Lost per Quarter	Penalty per Quarter
2	200	10	8	432	$3.35	$ 1,447	$ 1,500
3	450	22.5	8	972	$3.35	$ 3,256	$ 3,250
4	1,200	60	8	2,592	$3.35	$ 8,683	$ 8,600
6	3,000	150	8	6,480	$3.35	$21,708	$21,700
8	4,000	200	8	8,640	$3.35	$28,944	$29,000

Editor's Note: Former § 150-25, Water rates and charges, amended 10-26-1978 by L.L. No. 7-1978 and 7-19-1979 by L.L. No. 4-1979, was repealed 12-15-1983 by L.L. No. 9-1983. [Added 2-15-1990 by L.L. No. 1-1990]

Any person failing to pay a water bill within 30 days after receipt shall be required to pay a delinquent service charge of 10% of the balance owed to the Water Department.

Editor's Note: Former § 298-26, Failure to pay biannual water bills; surcharge, added 3-15-1990 by L.L. No. 5-1990, was repealed 3-16-2000 by L.L. No. 5-2000.

[Added 3-19-1981 by L.L. No. 4-1981]

Where the Supervisor or Superintendent of Water makes the determination that the water supply of the Town of Woodbury has reached a dangerously low point, he may impose water conservation measures as follows: [Amended 8-18-1988 by L.L. No. 11-1988]

(1)	All outside use of water for watering lawns, washing down streets and driveways, washing of vehicles or the use of any water on the exterior of a building is hereby prohibited.
(2)	All restaurants, diners and eating establishments are hereby directed not to voluntarily serve water to their customers and shall only serve water in the event that customers request same.
(3)	All industrial and commercial establishments shall be required to cut back 25% on its daily capacity of water.
(4)	All owners of swimming pools, reflecting pools or decorative ponds shall not add any new water, nor shall they fill up any of the pools in the event that they have been emptied.

Notwithstanding the above water conservation measures, the Town Board may also impose any other regulations which, in its opinion, shall conserve water, including the ultimate rationing of such water and the imposition of water controls within any buildings in the Town which will help to maintain and conserve the Town's water supply.

In order to assist the residents in the Town of Woodbury, signs shall be placed on any street leading into the Town of Woodbury with the wording, "Water restrictions are in effect. Violators will be prosecuted. Minimum fine of $100. Outside use of water allowed 7:00 p.m. to 9:00 p.m. only. [Added 6-15-2006 by L.L. No. 4-2006]

[Added 3-19-1981 by L.L. No. 4-1981]

Any person desiring to install a well on his property shall be required to first secure the approval of the Superintendent of Water.

[Added 5-4-2000 by L.L. No. 7-2000]

Legislative intent. The purpose of this section is to safeguard the potable water supply from potential contamination by preventing backflow from a water user's system into the public water system and to comply with the requirements of the New York State Sanitary Code, 10 New York Codes, Rules and Regulations, Part 5, § 5-1.31. This is to be accomplished by:

(1)	Requiring an approved air gap, reduced pressure zone (RPZ) device, double check valve (DCV) assembly or equivalent protective device consistent with the degree of hazard posed by any service connection;
(2)	Requiring the users of such connections to submit plans for the installation of protective devices to the Building Inspector and the Orange County Department of Health and/or New York State Department of Health for approval; and
(3)	Assuring that all protective devices be tested at least annually, records of which shall be submitted by the property owner to and maintained by the Building Inspector.

Backflow prevention devices required.

(1)	All nonresidential users of the public water system and all residential users of the public water system leaving auxiliary water supply, including but not limited to a private well, lawn sprinkler or irrigation system, shall be required to comply with this article.
(2)	Any installation, service, maintenance, testing, repair or modification of a backflow prevention device shall be performed in accordance with the requirements of the Town of Woodbury and the New York State Plumbing Code. For purposes of this article, a backflow prevention device is an approved air gap, RPZ, DCV assembly or equivalent protection device designed to prevent potential contamination of a public water system.
(3)	Backflow prevention devices conforming to the most current requirements of the New York State Department of Health and the Orange County Department of Health shall be installed by the owner of those systems pursuant to the rules of those Departments in force at the time of installation.
(4)	A certificate of occupancy shall not be issued by the Building Inspector for a new or modified/renovated/rehabilitated structure having a system classified by the Department of Health or determined by the Building Inspector as hazardous, unless a backflow prevention device has been installed and approved pursuant to this article and Department of Health requirements.
(5)	The cost to install a backflow prevention device shall be borne by the owner of the property.
(6)	The Town Building Inspector or designee shall make a determination as to whether a property owner requires a backflow prevention device and the type of device in accordance with this article and the New York State Department of Health and the Orange County Department of Health requirements and regulations.

Upgrade of preexisting structures. Any preexisting system that does not contain a backflow prevention device shall be upgraded so as to comply with the current requirements of this article and of the New York State Department of Health and the Orange County Department of Health within 365 days following the service of notice by certified mail to install said device.

Determination of type of backflow protection device.

(1)

The Building Inspector or designee shall determine the type of device required for each property and facility. In making this determination, the Building Inspector shall utilize the "Sample List of Facilities Requiring Backflow Prevention," prepared by the Department of Health, and, if necessary, shall consult with the Orange County Department of Health.

(2)

Cross-connection control by facility type.

(a)

The types of facilities which shall require installation of an approved reduced pressure zone (RPZ) device or air gap in the service connection to the public water distribution system include, but are not limited to:

[1]	Sewage and industrial wastewater treatment plants and pumping stations, sewer flushers.
[2]	Paper manufacturing or processing, dye plants, petroleum processing, printing plants, chemical manufacturing or processing, industrial fluid systems, steam generation, rubber processing, tanneries.
[3]	Canneries, breweries, food processing, milk processing, ice manufacturing, meat packers, poultry processing, rendering companies.
[4]	Hospitals, clinics, laboratories, veterinary hospitals, mortuaries, embalmers.
[5]	Shipyards, marinas.
[6]	Metal-plating, photo-processing, laundries, commercial car washes, commercial refrigeration systems, dry-cleaning establishments.
[7]	Commercial greenhouses, spraying and irrigation systems using weedicides, herbicides, exterminators.
[8]	Boiler systems, cooling towers or internal fire-fighting systems using conditioners, inhibitors, corrosion control chemicals.
[9]	Residential units: that portion of supply serving lawn and irrigation systems with chemical injection.

(b)

The types of facilities which shall require installation of an approved double check valve (DCV) in the service connection of the public water distribution system include, but are not limited to:

[1]	Customers' fire protection loops, fire storage tanks with no chemical additives.
[2]	High temperature potable water.
[3]	Utilization of food-grade dyes.
[4]	Complex plumbing systems in commercial buildings, such as, but not limited to, beauty salons, churches, apartment buildings, gas stations, supermarkets, nursing homes, construction sites, carnivals.
[5]	Residential units: that portion of system with lawn and irrigation systems without chemical addition.

(c)

The above lists are not all-inclusive. The type of backflow prevention device required for each facility shall be determined by the Building Inspector or designee as set forth above.

Testing; owner liability for costs. The testing of backflow prevention devices shall be performed on an annual basis by the owner of any system requiring same, and the cost of such testing shall be borne by the owner of the system. The testing procedures shall conform to the requirements of the New York State Department of Health and the Orange County Department of Health and be by an approved/certified tester. Test results shall be submitted to the Building Inspector.

Department of Health requirements. The Building Inspector shall enforce this article and the cross-connection and backflow protection requirements, specification guidelines and facilities classifications of the New York State Department of Health and the Orange County Department of Health. Specification guidelines, facilities, classifications and other administrative requirements and information which shall be used to implement the requirements shall be on file in the Building Inspector's office.

Penalties for offenses. In addition to, and not in lieu of, any other penalty set forth in this chapter, any person who violates any provision of this article shall be subjected to a fine not to exceed $250 for each day the violation continues after notice by the Building Inspector. In addition, the service of water to any premises may be discontinued by the Town if backflow prevention devices required by this article or regulations adopted pursuant thereto are not installed, tested and maintained; if any defects are found in an installed backflow prevention device; if it is found that the backflow prevention device has been removed or bypassed; or if an unprotected cross-connection exists on the premises, and water service shall not be restored until such condition or defect is corrected.

It has been apparent to the Town Board that the current schedule of water rates is unrealistic. For the past several years, the amount collected under the current rate for the water consumed is insufficient to underwrite the cost of the operation and maintenance of the Woodbury Water Department. After an extensive and intensive study, the Town Board has made a decision to increase the water rates.

[Amended 8-22-1988 by L.L. No. 12-1988; 7-24-1989 by L.L. No. 7-1989; 3-4-1999 by L.L. No. 3-1999]

The following water rates are hereby established for and to be paid by all water users within the Consolidated Water District:

	Number of Gallons (per quarter)	Quarterly Billing Rates
	Up to 10,000	$12.00
	10,000 to 15,000	$12.00, plus $1.80 per 1,000 gallons over 10,000 gallons
	15,000 to 20,000	$21.00, plus $2.50 per 1,000 gallons over 15,000 gallons
	20,000 to 25,000	$33.50, plus $2.80 per 1,000 gallons over 20,000 gallons
	25,000 to 50,000	$47.50, plus $3.05 per 1,000 gallons over 25,000 gallons
	Over 50,000	$123.75, plus $3.35 per 1,000 gallons over 50,000 gallons

Amdur Park Water District No. 6. The following water rates are hereby established for and to be paid by all water users within Amdur Park Water District No. 6: [Added 3-16-2000 by L.L. No. 5-2000]

	Number of Gallons (per quarter)	Quarterly Billing Rates
	Up to 10,000	$20
	Over 10,000	$20, plus $2 per 1,000 gallons over 10,000 gallons

Highland Lakes Estates Water District. The following water rates are hereby established for and are to be paid by all water users within the Highland Lake Estates Water District: [Added 2-1-2007 by L.L. No. 1-2007]

	Number of Gallons (per quarter)	Quarterly Billing Rates
	Quarterly service charge	$50
	0 to 20,000	$50, plus $3 per 1,000 gallons
	Over 20,000	$110, plus $3.50 per 1,000 gallons over 20,000 gallons

[HISTORY: Adopted by the Town Board of the Town of Woodbury 12-5-1991 by L.L. No. 10-1991. Amendments noted where applicable.]

GENERAL REFERENCES
Building construction — See Ch. 96.
Sewers — See Ch. 253.
Subdivision of land — See Ch. 272.
Water — See Ch. 298.
Zoning — See Ch. 310.

It is the intent of this chapter to promote the general welfare of the people of the Town of Woodbury by providing for inspections for all amenities that are either dedicated to the town or which conceivably could be dedicated to the town and also to provide for proper inspection of water and sewer lines to individual buildings throughout the Town of Woodbury.

It is hereby declared to be the policy of the Town of Woodbury to conserve, protect and regulate the present water supply, water distribution and sewer connection systems which are vital to the future development of the town as well as the protection of the present town's residents in order to enhance the health, safety and welfare of the townspeople and their overall economic and social well-being.

It is also the policy of the town that all facilities which are installed to service given buildings be adequately inspected so as to prevent the installation of water and sewer lines to structures within the town in a manner which is not in full compliance with not only the laws of the State of New York but also the laws of the Town of Woodbury.

The Town Board hereby establishes the following water and sewer inspection fees to enable the Water and Sewer Department to make appropriate inspections:

A.	Single-family residences: $300 for a water service line inspection and $300 for a house sewer lateral inspection. [Amended 12-18-1997 by L.L. No. 6-1997]
B.	Commercial uses (not within a shopping mall or a business park): $400 for a water line connection and $400 for a sewer line connection.

At the time a builder or a property owner applies for a building permit for either a single-family residence not within a subdivision or in a commercial facility, he shall be required to pay the appropriate fees prior to the issuance of a building permit.

The Town Board reserves the right to waive the payment of such inspection fees where, in the Town Board's opinion, such a waiver is warranted.

[HISTORY: Adopted by the Town Board of the Town of Woodbury 10-21-1999 by L.L. No. 10-1999. Amendments noted where applicable.]

GENERAL REFERENCES
Streets and sidewalks — See Ch. 269.
Zoning — See Ch. 310.

For purposes of this chapter, and where not otherwise inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations and their derivations shall have the meanings given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number. The words "shall" and "will" are always mandatory and not merely directive.

ABANDONMENT — The cessation of use of a system and the provision of any service by or using the system, or any portion of the system, or any component, facility or equipment of the system or service in the town for a period of time greater than 60 consecutive days.

ACTIVATED — The ability to deliver any type of service using the system or otherwise using the system to transmit and provide service.

ADMINISTRATOR

A.	The individual or organization designated by the Town Board to act as the technical and administrative liaison or representative of the town, the subscriber or users, and the public in the town, in matters related to the provision of this chapter, and any franchise as defined in this section.
B.	The Administrator may be designated as the point of contact for all matters under this chapter and that relate to a franchise or a system owner or operator or service provider. If designated, unless specifically directed otherwise by the Town Board, it shall at all times be presumed that the Administrator is acting as the Town Board's designee and under the Board's direction.

AFFILIATE — When used in relation to any person, means another person or entity who owns or controls, is owned or controlled by or is under common ownership or control of such person.

APPLICANT — A person or legal entity submitting an initial application or proposal to the town for a franchise to operate a system or to provide service under the terms and conditions set forth in this chapter and in any franchise and in compliance with any state rules or regulations.

APPLICATION OR PROPOSAL — Are synonymous and mean the documents submitted, and on which the town is intended, in good faith, to rely, for the purpose of being granted a franchise by the town. An application or proposal shall be deemed to include all written representations and supporting documentation submitted by an applicant to the town for the purpose of being granted the privilege to occupy or use the town's property or rights-of-way for commercial purposes as intended under this chapter.

ASSIGNMENT OR TRANSFER — The act of changing the person or entity who has ultimate control of the franchisee, the system or the franchise, whether such control is direct or indirect, transfer or assignment is deemed to be any change in control, in whole or in part, whether by sale, assignment, merger, consolidation, lease or other form of alienation, or any change in the ultimate legal or financial control of the person or entity granted a franchise.

BOARD OR TOWN BOARD — The Town Board for the Town of Woodbury, New York, which is the legislative body for the Town of Woodbury, New York. For purposes of clarification, the Town Board is the Franchising Authority for the Town of Woodbury, New York.

BROADBAND — A technology having a capacity of more than 28.8 kilobits per second of bandwidth.

CABLE ACT OR CCPA — The Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection Act of 1992 and the Telecommunications Act of 1996.

CABLE OPERATOR — Any person or group of persons who:

A.	Provides cable service or video programming service over a system and, whether directly or through one or more affiliates, owns a significant or attributable interest in such system; or
B.	Otherwise controls or is responsible for, through any arrangement, the management and operation of such a system.

CABLE SERVICE OR VIDEO PROGRAMMING SERVICE OR MULTICHANNEL VIDEO PROGRAMMING

A.	The one-way transmission to the subscriber or users of subscription video programming or other programming service; and
B.	Subscriber or user interaction, if any, or any other function which is required for the selection or use of such video programming or other programming service.

CHANGE IN CONTROL OR CHANGE OF CONTROL — Are synonymous terms for the purpose of this chapter and mean any change in the control of the system, system owner or operator or service provider, as control is defined in this section.

CHANNEL — A band or group of frequencies in the electromagnetic or light spectrum, including the radio frequency spectrum, using any other means of wireline transmission, including without limitation, wires, cable, optical fibers or any functional equivalent, which has the ability to carry a video signal in the National Television Systems Committee (NTSC) or functionally equivalent format or in any format devised or approved in the future by the Federal Communications Commission (FCC), or an audio, voice or data signal. All video channels shall include their vertical and horizontal blanking intervals and all information contained therein, all other components of the video signal, all aural components of the signal, including subcarriers, and all closed-captioning intended for reception by the hearing impaired and others. Such shall be transmitted and provided to subscribers or users on the system, unless the operator deletes them in accordance with FCC, copyright and other applicable rules.

COLLECTION CHARGE — A charge or fee assessed on a user or subscriber for efforts or attempts to collect a past due and/or delinquent account.

COMMERCIAL IMPRACTICABILITY OR COMMERCIALLY IMPRACTICABLE — Shall have the same meaning in this chapter and any franchise or other use, occupancy or operating authority as is defined and applied under the United States Uniform Commercial Code (UCC).

COMPLETE OR COMPLETION — Means with respect to any construction, reconstruction, rebuilding, upgrading or repair of the system, that, in each instance:

A.	Attachment strand, if necessary, has been put in place for aerially serviced areas, and all needed cable or fiber has been securely and properly lashed to such strand; or
B.	All cable or fiber has been placed correctly in trenches in areas serviced underground as required by applicable code and this chapter, the trenches have been refilled, all disturbed road surfaces have been restored as required and all landscaping restoration has been completed as required;
C.	All amplifier housings and modules, all fiber nodes and all other active and passive devices necessary for the operation of the system and the provision of service have been installed, including modules for return path signals if bidirectional activation has been proposed or committed to;
D.	Primary and backup/standby power supplies, as required, have been installed and operate properly;
E.	All bonding and grounding as required has been completed;
F.	Construction, reconstruction or upgrading of all headends, hubs and nodes, as applicable, has been completed, and all necessary processing equipment has been installed therein and is functioning as required; and
G.	Any and all other construction, reconstruction or upgrading necessary for the system to deliver service to subscribers or users has been completed, including, in the case of a rebuild or upgrade of the system, the replacement of drops to each and every subscriber or user unit passed if such is either needed or proposed, pursuant to the plans, specifications, representations and commitments submitted to and approved or accepted by the town.
H.	All required testing has been completed successfully on each new or technologically upgraded portion of the system, and shall demonstrate compliance with all applicable FCC and PSC technical rules to the town's satisfaction, including, but not limited to, proof-of-performance tests as may be appropriate or required, unless the town is expressly prohibited by law or rule from requiring such demonstration. services provided to any segments of the system in the town will be activated only when the required testing has been done and the system operates as required, and never before.
I.	No significant construction, reconstruction, upgrade or rebuild of any portion of a system providing video programming service will be considered complete until proof-of-performance tests have been conducted on such portion or segment (or in the case of the entire system, on all segments of the system) and all channels are in compliance with the signal quality requirements of the FCC's technical rules. Any performance characteristics of any segment which are found not to comply with said technical standards must have been corrected before construction is deemed complete.
J.	The term "completion," in relation to the construction, reconstruction, upgrade or rebuild, does not include the marketing and installation of subscriber or user service.
K.	Any construction, reconstruction, upgrade or rebuild shall not be deemed complete unless and until the system is capable of delivering all services to all addresses in any area being constructed, reconstructed, upgraded or rebuilt. If applicable, any construction, reconstruction, upgrade or rebuild shall not be deemed complete until the wreck-out or removal of the old segments of the system has been completed to the reasonable satisfaction of the town.

CONSUMER — See the definitions for "subscriber" or "user."

CONTROL — Any person or entity holding legal or financial control of or over the holder of the franchise or the service provider, regardless of whether such control is direct or indirect or is exercised or is permitted to be exercised directly or indirectly through other persons, holdings or entities. Control shall always be deemed to rest in the hands of any person or entity that has the right or authority to establish or change any policy or practice of the holder of the franchise or the service provider, whether such control may be exercised directly or indirectly through other persons, holdings or entities.

CUSTOMER — A subscriber or user of any service and/or facility of the system or service provider.

DISASTER EMERGENCY — An imminent, impending or actual natural or humanly-induced situation wherein the health, safety or welfare of the residents of the town is threatened. By way of illustration, a disaster emergency may include a severe climatic or meteorological storm, dam failure, flood, tornado, hazardous waste infiltration, fire, petroleum or chemical spill, explosion, vehicle accident of significant effect or aircraft crash.

EASEMENT — Shall include any compatible use easement, whether created by dedication to the town or by other means, for public utility purposes or any other purpose primarily benefiting the general public. Easement shall also include a private easement granted by a private property owner for the same or similar purposes.

EQUIPMENT — Equipment supplied by the system owner or operator or service provider which is used to provide, enhance or assist in the reception or provision of service.

FCC — The Federal Communications Commission and/or such other federal regulatory agency as in the future may have jurisdiction to oversee the operation of service providers and their systems.

FCC TECHNICAL RULES — The technical rules and standards of the Federal Communications Commission as set forth in Part 76, Subpart K (Technical Standards) of the FCC's rules, 76 CFR 76.601 et seq., as amended from time to time.

FIBER OR FIBER CABLE OR FIBER OPTIC CABLE — Thin pliable cylinders or strands of glass or plastic, or any future functional equivalent, that is used to carry wide bands of multiple frequencies.

FRANCHISE — The document of authorization granted by the town, regardless of the type of authorization, whether such authorization is a use, occupancy or operating authority, that permits a person to occupy and use the town's property and rights-of-way for commercial purposes as intended under this chapter, including to construct, operate, rebuild, replace, upgrade, maintain and repair the system and to provide service in the town. A franchise shall also include as an inseparable part any application or proposal for a franchise and any information contained therein on which the town was intended to rely. The particular type and scope of franchise, and any distinction between any type of franchises, may be dependent upon the scope of authority the town has over a given type of system owner or operator or provider of service.

FRANCHISE AGREEMENT — The agreement or contract which the town and a system owner or operator or a service provider enter into and that specifies the contractual agreements or commitments between the parties and which may also serve as a franchise granting the authority to own and operate a system or provide service within all or a part of the town by using or occupying the town's property or rights-of-way in accordance with the town's franchising authority and any other authority, including its police powers. Subject to applicable law, rule and regulation, a franchise agreement may be different in scope and content from other permissible types of grants of authority by the town.

FRANCHISEE — Any system owner or operator or service provider that has been granted a valid franchise by the town, and that is subject to the town's regulatory authority as set forth in this chapter and applicable state law, rules or regulation.

FRANCHISE EXPIRATION OR FRANCHISE AGREEMENT EXPIRATION OR EXPIRATION — The date of the end of the term of the document that granted authority to use and/or occupy the town's property or rights-of-way for commercial purposes, including the operation of a system or the provision of service.

FRANCHISE FEE — A fee charged a service provider or system owner or operator by the town for the cost of administering the franchise.

FRANCHISING AUTHORITY — The Town Board of the Town of Woodbury, New York.

FUNCTIONAL EQUIVALENT OR FUNCTIONALLY EQUIVALENT

Something that:

(1)	Is used or is intended to accomplish the same purpose; or
(2)	Has the same or substantially similar characteristics, qualities and capabilities; or
(3)	Operates or functions in substantially the same form and fashion; or
(4)	Operates or functions in a superior manner.

With respect to matters not involving equipment, the term also means something that equates to or is intended to effect the same or a substantially similar outcome or function in effectively the same manner or for the same purpose.

GRANDFATHER OR GRANDFATHERED — To retain or preserve a right, privilege or authority held, so long as the retention or preservation is expressly stated.

GROSS REVENUE

For any period of time, any and all revenues or other valuable consideration of any kind which are derived from the operation of the system and/or the provision of service within the town and that are attributable to or occasioned by the grant of the franchise, regardless of the corporate or organizational relationship of the recipient of the revenue with the owner or operator of the system or the service provider. The following, but only the following, shall not be deemed a part of gross revenue:

(1)	Bad debts attributable to the provision of service within the town in the normal course of its business that, if booked, are actually written off, provided that subsequent recovery of bad debts previously deducted shall be included in gross revenue in the next reporting/payment period; and
(2)	Refunds actually paid to subscribers or users.

With respect to service providers classified as cable operators, gross revenues shall also not include any revenue expressly exempted by the Cable Act of 1984 or by state law. For any revenue that an owner or operator of a system or a service provider seeks to have exempted from this definition of gross revenue, such person shall have the burden of proving to the town that any such excluded revenue is expressly exempted by the federal law, state law, a final or unappealed federal or state judicial ruling by a court of competent jurisdiction or by specific FCC ruling. Including, but not limited to the preceding, gross revenues shall not include the following:

(1)	Any tax of general applicability imposed upon a franchisee or other service provider or an owner or operator of a system or upon subscribers or users of any service or system by state or federal governmental agency and that is required to be collected by the system owner or operator or the service provider and is remitted to the taxing entity (including, but not limited to, property taxes, user taxes, service taxes and communications taxes), provided that such taxes are identified as a separate line item on subscriber or user bills or statements;
(2)	Any revenue received by a service provider or an owner or operator of a system from any third party for revenue not attributable, in whole or in part, to the operation of its system or the provision of service in the town and which does not use or rely upon the use of the system or service; and
(3)	Any revenue which a service provider or an owner or operator of a system chooses not to receive in exchange for the provision of free or reduced cost services. Notwithstanding the preceding, the value of any exchange for trade or barter or other items of value shall be included in Gross Revenues.

In computing gross revenues from sources other than subscriber or user or service revenue where it is not practicable to isolate the amount specifically derived from within the town and that is attributable to the grant of a franchise or the operation of a system or the provision of service both inside the town and outside the town, the total or aggregate revenue received from such sources shall be computed as follows: Said revenues shall be multiplied by a fraction, the numerator of which shall be the number of subscribers or users in the town as of the last day of the required payment period and the denominator of which shall be the number of subscribers or users within all areas served by the franchisee or other service provider or the owner or operator of a system as of the last day of the required payment period. The result shall then be multiplied by the percentage used to compute the required fee that is assessed as a percentage of revenue. For purposes of example only, the following are types and sources of revenue intended to be included in gross revenues in such situations, regardless of the familial or organizational relationship of the recipient of the revenue with the system owner or operator or service provider.

(1)	The sale or rental of subscriber or user lists;
(2)	The sale of advertising;
(3)	Payments from programmers and shopping services;
(4)	Commissions or bonuses of any kind from vendors or programmers that are attributable to the grant of authority under this chapter;
(5)	Rebates from programmers and vendors of any kind for services that are attributable to the grant of authority under this chapter;
(6)	Viewing guide sales, including electronic guides;
(7)	The lease or sale of channel capacity;
(8)	Payments or commissions from 900 phone numbers advertised on the service or system; and
(9)	Interconnection charges or income.

IMPRACTICABLE — When used in a noneconomic or nonfinancial or noncommercial context, shall have the meaning ascribed in the most current edition of Webster's Encyclopedic Unabridged Dictionary of the English Language.

INITIAL ACTIVATION OR INITIALLY PROVIDING SERVICE OR INITIAL PROVISION OF SERVICE — With respect to a particular portion, part or segment of the system, or group of segments, or the entire system, that all services and system capabilities, as stated in a franchise or in any application or proposal for franchise, are available and usable and that the construction, reconstruction, rebuild or upgrade has been completed and the completed segment(s) of the system involved or the entire system is capable of actually delivering the services intended to each and every subscriber or user and residence or business in each segment, pursuant to the plans and specifications as may have been approved, accepted or relied upon in good faith by the town.

INSTALLATION CHARGE OR CONNECTION FEE — That charge or fee imposed on a subscriber or user for the initial installation or reconnection of service, or the relocation of equipment necessary to obtain or use services or the system.

INTERNET — That interconnected combination of networks that evolved from the original ARPANET experiment and the National Science Foundation subsidized Internet and the interconnection of networks that provides user-to-user or address-to-address communications services, broadband service, other programming services or data services.

INTERNET ACCESS — The availability of access of the Internet to a subscriber or user and the service that enables a subscriber or user to use the Internet.

LAW — The Wireline Telecommunications Law for the Town of Woodbury, New York.

LEASED ACCESS — The capacity that a system owner or operator or service provider, including a cable operator or open video system operator, has designated for use by commercial users, pursuant to, but not limited by, Section 612 (at 47 U.S.C. § 532) of the Communications Act of 1934, as amended.

LINE EXTENSION — An extension of the system requiring additional trunk or feeder cable, or both, fiber optic cable, active electronic equipment to amplify the signal or an additional fiber node, but does not include individual service drops beyond 200 feet that may require additional feeder cable or the functional equivalent of such.

LOSS OF SERVICE OR SERVICE OUTAGE

A.	The inability to receive the service subscribed to that is caused by, attributable to or occasioned by problems with the operation of the system or the provision of service and which is not caused by the failure or malfunction of a subscriber's or user's equipment or by the misfeasance or malfeasance of the subscriber or user.
B.	More than one instance of a loss of service from the same portion of the system or that affects the same address or addresses within the town that occurs within a twenty-four-consecutive-hour period shall be deemed a single, continuous loss of service.

NODE OR FIBER NODE — That facility at which signals are received in light-wave form and transmitted, retransmitted, relayed or otherwise provided to other portions of the system in light-wave form or are converted to RF signals or a functional equivalent type of signal and are transmitted, retransmitted, relayed or otherwise provided to other portions of the system in the town or elsewhere outside the town.

NONRENEWAL — Not granting a new franchise to an incumbent system owner or operator or service provider to operate a system or provide service within the town.

NORMAL OPERATING CONDITIONS

Those conditions which are reasonably within the control of the system owner or operator or service provider with respect to the operation, maintenance and repair of the system and the provision of service within the town. Those conditions which are not within the control of the system owner or operator or service provider include labor strikes, sabotage, riots or civil disturbances of a disastrous nature and effect, explosions, acts of public enemies, unusually severe or catastrophic weather conditions, natural disasters as declared by appropriate government officials, fires and wide-spread commercial power failures that exceed the capabilities of the backup or standby power supplies and capability of the system.

Those conditions which are expressly deemed to be within the control of the system owner or operator or service provider include, but are not limited to, financial situations other than the declaration of bankruptcy or insolvency, marketing promotions, loss of standby power up to the period of time for which the manufacturer has rated the standby power unit to operate, Rate increases, regular or periodic periods of high demand with respect to labor intensive functions, the regular inspection and maintenance of the system, required testing of the system, the timely remedy of safety and other code violations and the timeliness and technological design with respect to any upgrade of the system.

OTHER PROGRAMMING OR COMMUNICATIONS SERVICES — Information or service that a system owner or operator or service provider makes available to all subscribers or users generally, including, but not be limited to, video, telephony and other voice services and the transmission of data.

PERSON — Any individual, corporation, entity, estate, trust, partnership or any association of two or more persons or entities having a joint common interest or a joint-stock company.

PRIMARY SERVICE AREA — That portion of the town required or committed to be built and operated under a franchise.

PROPERTY — All the property owned, installed, rented, leased or used by a system owner or operator or service provider holding a franchise granted under or otherwise subject to this chapter that is utilized in the operation of the system or the provision of service in the town.

PROPOSAL OR APPLICATION — A written request to use or occupy the town's property and rights-of-way for the purpose of constructing, operating, maintaining or repairing a system or to provide service in the town using the public property and rights-of-way of the town.

PSC — The Public Service Commission of the State of New York or any successor agency or Commission.

RATE — The periodic price paid by a subscriber or user for the receipt of any service provided by a system owner or operator or service provider or the use of the system by a user.

RENT — The compensation paid to the town by a system owner or operator or service provider for the occupation and use of the public property and rights-of-way of the town for commercial purposes.

REVOCATION OR TERMINATION OR INVOLUNTARY TERMINATION — An official act by the Town Board that removes, repeals or rescinds any franchise and authority to operate a system or provide service in the town that is granted under or is subject to this chapter.

SCHEDULED OUTAGE — Any planned service interruption or diminution of signals for which the town and subscribers or users are required to be and have been notified in advance and that does not exceed four hours in duration for any given address.

SERVICE — Any service that is provided by means of a system in the town and shall include any service, use or other activity provided for commercial purposes that uses or is provided by means of the use of the system, regardless of the technology employed.

SERVICE INTERRUPTION — The loss of any service or incremental level of service or separately priced service, such as any service offered on a per-channel, per-event or per-showing basis or any other services that are delivered or provided by means of or that use a system or any components of the system.

SERVICE PROVIDER — Any person who provides service using a system that occupies or uses the town's property or rights-of-way using broadband technology or otherwise providing service using a system as defined in this section and who owns a significant or attributable interest in the provider of such service or in the system; or who, through any arrangement, otherwise controls or is responsible for the management and operation of a service or system in the town or who has the authority to establish or change policy or order the establishment or change of policy with respect to the provision of service or the system within the town.

SIGNIFICANT INTEREST OR ATTRIBUTABLE INTEREST — Any person or entity who directly or indirectly holds or owns a five-percent interest or ownership position in a system or the holder of a franchise permitting the construction and operation of a system or the provision of service in the town.

SMATV — Satellite Master Antenna Television.

SMATV OPERATOR OR SATELLITE MASTER ANTENNA TELEVISION OPERATOR — Any person or group of persons who:

A.	Provides service over a SMATV system; or
B.	Otherwise controls or is responsible for, through any arrangement, the management of a SMATV system.

SMATV SYSTEM — A private system that does not cross or in any manner use any public or town-owned property or rights-of-way and which is located entirely on private property and serves only private dwellings.

STATE — The State of New York.

STREET — The surface of and the space above and below a public street, path or thoroughfare designated for vehicular and/or pedestrian traffic and any easements associated therewith or other easement now or hereafter held by the town and includes any sidewalks or other paved pedestrianways and any public or town-owned rights-of-way.

SUBSCRIBER — A person lawfully receiving service delivered by a system owner or operator or a service provider.

SUPERVISOR — The Supervisor of the Town of Woodbury, New York.

SYSTEM OR TELECOMMUNICATIONS SYSTEM — A facility consisting of a set of closed transmission paths and associated facilities and equipment that is designed to provide service of a commercial nature, which includes the transmission of video, voice and data, or any combination of such services or transmissions, and voice-activated or electronic ordering capability or other uses or services which are provided to subscribers or users within the town, including the provision or use of data used to maintain and operate the system. However, telecommunications system or system does not include the following:

A.	A facility that serves only to retransmit the television signals of one or more broadcast stations; or
B.	A facility that serves only subscribers or users in one or more multiple unit dwellings under common ownership, control or management, unless such facility occupies or uses any town-owned property or town rights-of-way for the provision of or to distribute service or to generate revenue for commercial purposes, in which case it shall be deemed a system; or
C.	A facility of a common carrier which is subject to the provisions of Title II of the Communications Act of 1934, as amended, but only to the extent that such exemption relates to the services provided at the time the operating authority was originally granted, or that state or federal law, rule or regulation expressly exempts from compliance with this chapter.
D.	Any facilities of any electric utility used solely for operating its electric utility.

TECHNICAL VIOLATION — A violation of this chapter or any franchise that is of de minimus negative effect on the town or the public and that is not repeated after notice by the town. Notwithstanding the preceding, a history or repeated pattern of the same or similar technical violations shall not be deemed a technical violation.

TOWN — The Town of Woodbury, New York.

TRANSFER — Any change in the ownership or legal or financial control of the entity granted a franchise or the person or other legal entity that directly or indirectly through another person or legal entity, has financial or legal control over the holder of the franchise granted by the town and who may order the establishment or change of policy as regards the operation of the system or the provision of service within the town. For purposes of this chapter, a merger or consolidation of any kind shall be deemed a transfer. Any instance where the approval of the FCC or other federal agency or a state agency is required shall also be deemed a transfer and require the consent and approval of the Town Board.

TRANSFEREE — The new holder of a franchise or other use or operating authority or the new possessor of legal or financial control of the entity granted a franchise, as approved by formal action of the Town Board.

U.S.C. — United States Code.

USER — A person utilizing a system and/or its equipment, facilities or capabilities for commercial purposes, as opposed to the receipt of service as a subscriber to service.

VIDEO PROGRAMMING — Programming generally considered comparable to programming historically provided by a television broadcast station or satellite distributed video programmer that is intended for mass reception. Further, video programming means a service whose use and value is largely determined by being able to be viewed.

VIDEO SERVICE — The provision of cable television service or video programming service or other functionally equivalent video subscription service.

WIRELESS OR WIRELESS SERVICE — Any service that is transmitted through the air, whether employing microwave, radio frequency or a functionally equivalent technology. Programming from AM or FM radio broadcast stations received directly by the public off-air shall not be deemed wireless service.

WIRELINE OR WIRELINE SERVICE — A system or service that is provided through a wire, line, cable, fiber or any functionally equivalent closed system. A franchise for wireline service shall not automatically or inherently include the authority to receive, transmit, carry or transport wireless service. In order for a wireline telecommunications franchise to carry, transport or transmit wireless service, the franchise must expressly grant permission to do so.

WORKDAY OR WORKING DAY — Those days when the majority of retail businesses in the town are customarily open for business.

WRECK OUT — In the context of and with respect to any construction, rebuild, upgrade, modification or maintenance activity of a system, the removal of the old cable, wires, parts and components of any portion of the system not currently and actively used in the provision of service in the town.

A.	The Supervisor is hereby designated the individual responsible for the continuing administration of this chapter and matters related to the operation of wireline systems or providers of service utilizing a system in the town that use or occupy the property of the town or the town's rights-of-way for such purpose.
B.	Unless expressly prohibited by federal, state or local law, the Town Board or the Supervisor may delegate authority to assist in the administration of this chapter or a franchise granted pursuant to this chapter.
C.	Unless expressly prohibited by federal, state or local law, the Town Board is hereby authorized, at its sole discretion, to create an appointed advisory Board, commission or committee.
D.	Notwithstanding anything in this section, the Town Board may never delegate its initial or renewal franchising, licensing or permitting power or power of revocation or termination of such or any right or authority it may have to impose or assess fines and/or penalties under this chapter to another person or representative, advisory board, commission or committee.

systems owners or operators and service providers who use or occupy the town's streets, property or rights-of-way and who are not expressly exempted from compliance with this chapter by prior state law are subject to and shall be governed by the requirements and provisions of this chapter and any amendments thereto. Also subject to certain requirements and provisions of this chapter and any amendments thereto are service providers and owners or operators of systems not otherwise subject to local franchising authority, but who are not expressly exempted by law, rule or regulation from compliance with applicable local regulatory laws or ordinances, including, but not limited to, those that govern the use and occupancy of the town's property and rights-of-way.

The authority of the town to regulate any precluded or preempted service provider or system under certain portions of this chapter shall not exempt such persons from the requirements of other provisions of this chapter involving the construction, operation and maintenance of the system or its facilities as relate to the protection of the health, safety and welfare of the public.

Any service provider or any system owner whose original grant of authority to use and occupy the town's property or rights-of-way for commercial purposes that did not expressly grant the right to provide service, as defined in § 305-1 of this chapter, shall be deemed subject to the provisions of this chapter, except to the extent that the provision of a type of service provided under the original grant of authority to use and occupy the town's property rights-of-way for commercial purposes, as expressly set forth therein, may be exempted or grandfathered with respect to being used to determine payments or fees to the town as required and permitted under this chapter.

In the event of any conflict or ambiguity between the requirements of this chapter and any franchise subject to this chapter, this chapter shall control, unless the requirement or provision is expressly preempted by federal or state law, rule or regulation or unless the issue is expressly addressed in the franchise in the context of relief from this chapter. Any relief or variance from the provisions of this chapter shall be granted in accordance with § 305-4 of this chapter, and such relief or variance shall be expressly set forth in any franchise agreement.

This chapter shall not be deemed to nor shall it change, impair or repeal the terms or conditions of any franchise, agreement or contract granted prior to the effective date of this chapter to the extent that such expressly contains a lesser or less stringent obligation, requirement or commitment that is expressly enumerated in the existing franchise, agreement or contract as regards the expressly stated and intended purpose and use of the town's property or rights-of-way with respect to the service provided.

When a franchise agreement, contract or use and occupancy authority granted prior to the effective date of this chapter is silent on a matter addressed in this chapter, and absent express language to the contrary or limiting the town's right to adopt additional regulatory requirements regarding the regulation of the commercial use and occupancy of the town's property, streets and rights-of-way in the franchise, agreement or contract, the applicable provisions of this chapter shall apply.

With respect to a service provider or system owner or operator holding a franchise, agreement, contract or use and occupancy authority granted prior to the effective date of this chapter, this chapter shall be of effect upon the expiration of the existing franchise agreement, contract or use and occupancy authority or when one of the following occurs:

(1)	Prior to the expiration date of a franchise and at the request of the holder of such the document is amended; or
(2)	Both parties agree to a specific date for the expiration date which is prior to the expiration date in existence on the date of adoption of this chapter; or
(3)	A court of competent jurisdiction orders that an existing service provider or system owner or operator become subject to all or any part or provision of this chapter or finds that a service provider or system owner or operator is not exempt from all or any part or provision of this chapter.

Any service provider or system owner or operator shall be required to comply with the safety requirements and provisions of this chapter, unless the agreement, contract or other operating authority granted prior to the effective date of this chapter states otherwise.

Unless a franchise, agreement or contract granted prior to the effective date of this chapter states otherwise, all system owners or operators or service providers shall abide by the construction and construction related requirements and provisions of this chapter when performing any construction, rebuild, upgrade, repair, change or replacement of equipment or facilities.

All provisions contained within this chapter shall be of full force and effect 30 days after the date of adoption of this chapter, unless the ability to enforce a particular provision is preempted by the force of superseding federal or state law, rule or regulation, in which case, the exemption extends only to the express extent of the federal or state preemption. In the event the federal or state law, rule or regulation grandfathers the authority of the town to enforce such provisions, the particular provision shall be enforceable under this chapter.

Notwithstanding anything to the contrary in this section, unless otherwise expressly grandfathered in an existing franchise granted prior to the effective date of this chapter, in order to assure the protection of the health and safety of the public, any and all service providers or system owners or operators shall be subject to and shall be required to comply with all safety regulations, requirements and provisions of this chapter at all times, including:

(1)	The latest edition of the National Electrical Code, including any amendments;
(2)	The latest edition of the National Electrical Safety Code, including any amendments; and
(3)	Any other applicable safety and safety related codes or regulations of the town, county or state as such exist as of the effective date of this chapter or as may be adopted from time to time.

Any service provider or system owner or operator subject to the provisions of this chapter may file a written petition at any time with the Town Board seeking relief from one or more provisions of this chapter. A service provider or system owner or operator may specifically request exemption or relief from or delay in the implementation of one or more provisions of this chapter, but only as to the petitioning provider, owner or operator and not to any successors in interest or assignees.

In concert with the stated intent of the Telecommunications Act of 1996 to promote and facilitate competition, and so as not to hinder the development of competition, the Town Board may determine that the relief granted be applicable for a specified or limited length of time or duration, pending a determination of the effect of the relief on the petitioner's ability to compete effectively at the expiration of the period of time for which relief is granted. In the event that it is determined by the Town Board that the system owner's or operator's, or service provider's, ability to compete effectively is substantially hindered by compliance, relief shall then be granted for the remaining term of the franchise or until the ability to compete effectively is no longer hindered.

Any petition submitted pursuant to this section shall set forth the relief requested and the reason and basis thereof, with such supporting information and material as may be applicable and as may be deemed necessary by the Town Board to make an informed decision.

All requests for relief shall contain a clearly articulated explanation or rationale for each item or matter being requested. Any request submitted pursuant to this section that does not contain such information shall be deemed incomplete and be returned to the petitioner without action.

In order to be granted relief from one or more of the provisions of this chapter, a service provider or system owner or operator must demonstrate to the Town Board with reasonable certainty that at least one of the following facts exist:

(1)	The provision or requirement is expressly prohibited by federal law, rule or regulation or by state law, rule or regulation; or
(2)	Where applicable, that the provision in question negatively and materially affects the petitioner to the extent that the provision or requirement creates an insurmountable competitive disadvantage not permitted or contemplated under federal or state law or is in substantial conflict with a right that is expressly stated in an existing franchise. However, such relief shall only be for the remaining term of the existing franchise. This provision specifically includes, but is not limited to, situations where a service provider or system owner or operator classified as a cable operator or open video system operator seeks and is granted modification of an existing franchise under Section 625 of the Cable Act (codified at 47 U.S.C. § 545); or
(3)	That compliance with a particular provision and/or requirement will be commercially impracticable for the system owner or operator or service provider; or
(4)	That one or more time requirements listed in this chapter are either impracticable or impossible to meet; or
(5)	That the service provider or system owner or operator has its own policy which the Town Board deems comparable to or better than the provision or requirement from which the service provider or system owner or operator seeks relief; or
(6)	That the health, safety and welfare and the legitimate and reasonable interests of the town and the public otherwise warrant the granting of such relief and will not be adversely affected to a significant extent.

The Town Board shall be the determiner of whether a request for relief has met one or more of the requirements of this section.

A service provider or system owner or operator may petition the Town Board at any time for clarification concerning the precise intent and effect that any provision or requirement of this chapter has on the petitioning service provider or system owner or operator.

In those instances where the Town Board grants an exemption or relief or deems a service provider's or system owner's or operator's operational policy to be comparable to or better than a provision of this chapter, then, within 60 days of the grant of relief, the franchise shall be formally amended to reflect the exact extent of such exemption and/or relief.

It shall be the responsibility of the service provider or system owner or operator to include with its request a proposed resolution of amendment setting forth the intended effect in a clear and unambiguous manner, and any changes to the language shall be submitted to the Town Board 30 days prior to the meeting at which the amendment is intended to be made.

The benefit of any exemption or relief shall extend only to the service provider or system owner or operator granted such exemption or relief. In the case of a subsequent transfer, assignment, change of control or sale of the system to a person without a record of performance in the town, the proposed transferee, assignee, controlling entity or buyer, if required by the Town Board, shall be required to petition separately for any relief or exemption. Unlike certain other amendments to a franchise, there shall be no automatic transfer of any exemption or relief to a transferee. However, any grant of comparable policy shall continue without the need for any additional approval or grant by the Town Board.

Any service provider or system owner or operator who petitions for or requests relief or exemption from any portion of this chapter whereby the primary beneficiary of the requested relief or exemption will be the petitioner and not the public or the subscribers may, at the discretion of the Town Board, be required to reimburse the town for the verifiable fully allocated cost of processing and analyzing such request, since such cost is deemed an extraordinary cost to the town that would not normally be incurred in the course of administering a franchise. Such cost is thus not deemed a normal part of administering a franchise.

A requirement to reimburse the town pursuant to Subsection K of this section shall not apply to any request for relief or amendment of a franchise where the public or the subscribers will be the primary beneficiary or where the granting of the request will eliminate an impermissible competitive disadvantage pursuant to Subsection B of this section.

It being a reasonable assumption that responsible persons of good intent will comply with laws, and to prevent the town from having to constantly monitor compliance with each and every aspect of a service provider's or system owner's or operator's every action, a service provider or system owner or operator shall not be excused from complying with any of the requirements of this chapter or any subsequently adopted amendments to this chapter by any failure of the town on any one or more occasions to seek or insist upon prompt compliance with such requirements or provisions.

A.	Any service provider or system owner or operator, and any assignee or transferee, shall be subject to and required to abide by all applicable laws, ordinances and/or regulations now or hereafter adopted by and in effect within the town, including this chapter, to the extent that the service provider or system owner or operator has not been granted an exemption or relief from said law(s) and/or resolution(s).
B.	Notwithstanding the preceding Subsection A of this section, and subject to the provisions of § 305-3 of this chapter, in the event the Town Board amends this chapter and the amendment of the chapter would have the effect of either requiring the investment of substantial additional capital by the service provider or system owner or operator, or of unilaterally changing the process for default and/or revocation of a service provider's or system owner's or operator's franchise, or impairing the service provider's or system owner's or operator's franchise, then such amendment shall have no effect on the service provider or system owner or operator until the expiration of the franchise.
C.	Notwithstanding Subsection B of this section, unless otherwise stated in a franchise, all service providers or system owners or operators shall be required to comply with any amendments of this chapter that regulate matters of safety or construction or construction related matters, within 180 days of the effective date of the amendment, unless otherwise stated in the amendment or the franchise.

Any prior resolution, ordinance, code or town law which, in part or in whole, is directly inconsistent with this chapter is hereby deemed unenforceable to the extent of the inconsistency as regards service providers or system owners or operators subject to this chapter.

In any case of an actual inconsistency between any provision or section of this chapter and any provision or section of a federal or state law, rule or regulation which expressly supersedes or preempts local authority on the matter, but only to the extent that it expressly does so, then the federal or state law, rule or regulation shall supersede the effect of the applicable provision of this chapter and shall control in any local application.

Where there is a conflict, whether actual or perceived, between this chapter and a franchise granted subsequent to the effective date of this chapter, this chapter shall control, unless judicially determined to be invalid or unenforceable by a court of competent jurisdiction.

A.	Violations of this chapter shall be handled in the manner prescribed by applicable state law.
B.	To the extent permitted by state and local law, the Town Board shall have the authority to change the schedule of fines and/or penalties for violations of this chapter as may from time to time be deemed necessary, appropriate and permissible.
C.	In instances where fines and/or penalties as set forth herein are applicable for a violation of this chapter, or for a breach of a franchise, then such fines and/or penalties shall operate as a separate and independent remedy for the town.
D.	A service provider or system owner or operator shall not be subject to such fines and/or penalties in instances of force majeure or for a technical violation or as determined by the Town Board for a breach of a franchise where such breach is of no or of de minimus effect on the town or the public.
E.	A franchisee shall be subject to default and/or revocation of its franchise for cause as set forth in this chapter.

Notwithstanding the provisions contained in § 305-93 of this chapter, a service provider or system owner or operator shall not be subject to penalties, fines, forfeitures, revocation or involuntary termination of a franchise for a technical violation of this chapter or a technical breach of a franchise. For purposes of this chapter, technical violations or breaches include the following:

A.	Instances or matters where a violation of this chapter or, where applicable, of a franchise, was a good faith error that resulted in no negative impact on the residents, subscriber or users within the town or on the town itself or where such violation resulted in de minimus effect on any of the preceding persons or the town; or
B.	Instances or circumstances that are reasonably beyond the control of a service provider or system owner or operator, including force majeure situations, and that prevent a service provider or system owner or operator from complying with this chapter or the franchise.

A service provider or system owner or operator shall not be held in violation, material breach, default or noncompliance of this chapter or a franchise nor suffer any penalty related thereto, including, where applicable, involuntary termination, cancellation or revocation of a franchise, where such violation, breach, default or noncompliance was caused by a natural disaster, such as an earthquake, flood, tidal wave, hurricane or similar devastating act of nature, or any other event that is reasonably beyond a service provider's or system owner's or operator's ability to anticipate and control or that is of a devastating nature or effect on the system. Force majeure situations shall also include strikes, riots, wars and armed insurrections, as well as work delays caused by having to wait for utility providers to service or monitor their own utility poles on which a service provider or system owner's or operator's cable, wires' facilities and/or equipment is attached, as such may be necessary for the service provider or system owner or operator to comply with this chapter.

The town, and each service provider or system owner or operator shall provide the other party with the name and address of the individual or entity designated to receive notices, filings, reports, records, documents, orders and other correspondence. All of the preceding shall be delivered to each party by United States certified mail, return receipt requested, or by personal service with a signed receipt of delivery, or by overnight delivery with receipt verification. By mutual agreement, filings, reports, records, documents and other correspondence may be delivered by any permissible means including, but not limited to, facsimile transmission, personal service or overnight mail or package delivery, so long as proof of receipt or delivery is obtained. The delivery of all notices, reports, records and other correspondence shall be deemed to have occurred at the time of receipt, unless otherwise mutually agreed to or as may be designated by state law.

If the service provider or system owner or operator is required to obtain a franchise, then the designation of such contact person for notice and notification purposes shall also be contained within the franchise.

A.	To the extent permitted by federal and/or state law, a service provider or system owner or operator shall at all times be required to defend, indemnify, protect, save harmless and exempt the town, the Town Board, the Supervisor, their officers, agents, servants and employees from any and all penalties, damages or charges arising out of claims, suits, demands, causes of action or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might be claimed now or in the future, which may arise out of or be caused by the construction, erection, location, upgrade, system or service performance, operation, maintenance, repair, installation, replacement, removal or restoration of the system or service within the town by an act or omission of a service provider or system owner or operator, its agents or employees, contractors, subcontractors, independent contractors, or implied or authorized representatives. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees and expert witness fees are included as those costs which may be recovered by the town from the service provider or system owner or operator.
B.	The town, the Town Board and the Supervisor shall have the right to retain counsel of their own choice, at their own expense.
C.	If a service provider or system owner or operator obtains counsel for the town, the Town Board or the Supervisor, then any one of them shall have the right to approve such counsel. However, neither the town, the Town Board, nor the Supervisor shall unreasonably withhold its approval of counsel, provided that such counsel is qualified and reasonably experienced in defending against such claims or actions.

A service provider or system owner or operator shall secure and maintain, for as long as it operates the system or provides service within the town, public liability insurance, property damage insurance and umbrella insurance coverage in at least the following amounts:

(1)	Public liability: $3,000,000 per person/per occurrence.
(2)	Property damage: $3,000,000 for any one claim.
(3)	Umbrella liability: $5,000,000.

A service provider's or systems owner's or operator's public and personal liability and property damage insurance policy shall expressly include the town, the Town Board, the Supervisor and employees of the town as additional named insureds.

The public and personal liability and property damage insurance policy shall be issued by an agent or representative of an insurance company licensed to do business in the state, and which has one of the three highest or best ratings from the Alfred M. Best Company, or an equally reputable rating service.

The liability and property damage insurance policy shall contain an endorsement obligating the insurance company to furnish the Town Board with at least 30 days' written notice in advance of the cancellation of the insurance.

Renewal or replacement policies or certificates shall be delivered to the Town Board at least 30 days prior to the expiration of the insurance which such policies are to renew or replace.

Before a service provider provides service to subscribers or users and before a system owner or operator permits the system to be used to provide service, the service provider or system owner or operator shall deliver to the town copies of the policies or certificates of insurance representing the required insurance, and each policy or certificate delivered shall be accompanied by evidence of payment of the full premium thereof for the period covered by the policy.

If the state permits a service provider or system owner or operator to be self-insured, then the Town Board may, at its sole discretion, permit the service provider or system owner or operator to be self-insured, so as long as the minimum amounts of insurance coverage outlined in this section are met and maintained for the entire period that the service provider or system owner or operator is self-insured and the service provider or system owner or operator can demonstrate to the satisfaction of the Town Board that it has the financial ability to pay in a timely manner up to the maximum amount per category as set forth in Subsection A of this section.

A.	A service provider or system owner or operator shall provide to the town a performance bond or other security executed by a surety licensed to do business in the state or, if deemed necessary by the Town Board, a cash deposit or irrevocable letter of credit in the name of the town in an amount totaling at least $25,000 and not exceeding $100,000. The purpose of the security is to ensure performance and compliance with the requirements and provisions of this chapter and may be called or drawn upon, as appropriate, to recompense the town for fully allocated costs, losses or damages incurred by the town as a result of the failure to comply with this chapter, up to the monetary limits of the security. If the town draws on a performance bond, cash deposit or irrevocable letter of credit as a result of a service provider's or system owner's or operator's failure to fully and timely discharge its obligations under this chapter, then the service provider or system owner or operator shall be required to replenish the security to the previous level within 30 days of the call or draw down.
B.	If the applicant is an incumbent in the town, the specific amount of the security required under Subsection A of this section shall be based in part upon the franchisee's or applicant's record of performance in the town. If the applicant has no record of performance under any authority granted by the town, the amount of the security may, in part, be based upon its record of performance in other communities and the fact that it has no record of performance in the town.
C.	The performance bond or other security shall be in force at all times, unless relief is granted or a schedule of reduction is detailed in a separate agreement executed between the service provider or system owner or operator and the Town Board.
D.	In addition to the performance security required in Subsection A of this section, a service provider or system owner or operator shall furnish to the town a construction/completion bond or other approved security prior to the time it commences any construction, upgrade, rebuild or repair/maintenance project that has a capital construction cost or outlay exceeding $100,000. In determining the cost, the cost of the entire project shall be used, and a service provider or system owner or operator shall not avoid the requirements of this section by separating or segregating the project into smaller component parts or portions, such as listing geographical sections of the town as separate projects, whether or not they are to be done simultaneously or consecutively. The amount of the bond or other security shall equal at least 75% of the projected capital cost. Any component parts or portions of a project subject to the requirements of this subsection that are undertaken within a twelve-month period shall be deemed the same project.
E.	To minimize and control the disruption of the normal and usual use of the streets and rights-of-way in the town, any construction/completion bond or other permitted form of security shall expressly guarantee that a service provider or system owner or operator will in a timely manner abide by the schedule for the project as approved by the Town Board or Administrator and that the service provider or system owner or operator will complete the project in a timely manner.
F.	If the Town Board draws on a completion bond or other permitted form of security as a result of a service provider's or system owner's or operator's failure to timely and fully discharge its obligations and complete any project subject to this subsection, then the affected service provider or system owner or operator shall be required to replenish the completion and performance bond or security to the previous level within 30 days of the date of the draw down.
G.	In lieu of a performance bond and/or a construction/completion bond, at its sole discretion, the Town Board may accept alternative forms of security, including a written guaranty of a service provider or system owner or operator pledging the full faith and credit of the affected service provider's or system owner's or operator's ultimate parent.

Notwithstanding other insurance and bond requirements, a service provider or system owner or operator shall obtain and maintain any other required types of insurance and bonds, including, but not limited to, workers' compensation insurance and automobile liability insurance, that are mandated by either federal or state law, rule or regulation in at least the required minimum amounts and according to the minimum terms and provisions mandated by either the federal or state law, rule or regulation.

To the extent required by federal and/or state law, rule or regulation, a service provider or system owner or operator shall maintain records and reports and assure that they are available upon request for inspection by the following:

(1)	The general public;
(2)	Subscribers and users of the service or system; and
(3)	The Town Board, the Administrator or other town officials, or the designee of such.

A service provider or system owner or operator shall maintain a public inspection file which shall include at least the following:

(1)	Ownership records;
(2)	Equal Employment Opportunity (EEO) data;
(3)	Testing data and records pursuant to the FCC's rules, if applicable;
(4)	Records of system maintenance and repair activities; and
(5)	Any other record or information required to be contained in a public inspection file by federal or state law, rule or regulation.

A service provider or system owner or operator shall maintain and, upon request by the Town Board or its designee, provide records as are reasonably necessary for the town to determine compliance with the provisions of this chapter and to determine the service provider's or system owner's or operator's legal, technical, financial and character qualifications as may be needed from time-to-time to administer this chapter and the franchise.

On or before January 1 of each year after the effective date of this chapter, a service provider or system owner or operator shall submit to a designated town official a list of files, reports, records, data or other information that the service provider or system owner or operator periodically and/or regularly and customarily files with the FCC or the PSC or any other federal or state agency because of its status as a service provider or system owner or operator that are applicable to or have affect on the system or the provision of service in the town. For any other report that a service provider or system owner or operator files with any other federal or state agency, and that has or will have a direct impact on the operation of the system or the provision of in the town within 180 days of the filing, then the service provider or system owner or operator shall notify the Town Board or Administrator of the filing within 15 days of the date of the filing. The notice shall inform the Town Board or Administrator of the nature and scope of the filing and the effect or intended effect, and the agency with whom the filing was made, including the name, address, department, division and phone number of the recipient.

As part of any compliance review or evaluation, or for any legitimate matter related to the administration and enforcement of this chapter or a service provider's or system owner's or operator's franchise, or any permitted operation under this chapter, pursuant to Subsection B of this section, the Town Board or the Administrator may require the provision of any reports, records, data or other information that is filed with the FCC, the Securities and Exchange Commission (SEC) or any other federal or state agency that affects the ownership or operation of the system or the provision of service in the town. However, unless the town is expressly authorized to require such by state or federal law, a service provider or system owner or operator shall not be required to provide any state or federal tax returns or any documents that are expressly exempted under state or federal privacy laws, including any applicable provision of the PSC and Section 631 of the Cable Act (codified at 47 U.S.C. § 551).

For the purposes intended under this Subsection C of this section, if requested, an address shall be required to be provided, but without giving the name of the subscriber or user located at that address unless the consent of the subscriber or user is obtained.

The town shall have the right and authority to require the delivery to the town of any information related to determining the adequacy of any payments due the town, including, but not limited to, franchise fee payments, rent, user fees, licenses or taxes. The town may not require the delivery of original documents, but may require the delivery of photostatic copies of such.

The town shall have the right to require, as deemed necessary for the administration and enforcement of this chapter or a franchise, that a franchisee or other service provider or system owner or operator deliver to the town copies of all applications, reports, documents, correspondence, pleadings and petitions of any kind that relate to or have an effect on the system, the system owner's or operator's or the service provider's ownership or operation of the service or system, or on the franchising or regulatory authority of the town, that are submitted by or on behalf of the franchisee or other service provider or system owner or operator, without regard to the federal or state regulatory agencies or courts where such affect or have the intent of affecting the operation of the service provider's or system owner's or operator's service or system within the town or the town's regulatory authority. The information shall be provided in a timely and expeditious manner and as may further be required by this chapter or a franchise agreement.

No service provider or system owner or operator shall use the delay of the provision of the information required under this chapter to prevent the Town Board from exercising its rights or performing its duties and obligations under this chapter or any applicable federal or state law, rule or regulation.

Copies of responses, decisions, orders, rulemakings or any other communications from the regulatory agencies or courts to a service provider or system owner or operator or its agent, including the service provider's or system owner's or operator's ultimate parent, its attorney or it's consultants, that are relative to the service provider or system owner or operator or to the operation of the system or the provision of service in the town, that would have an effect on the operation of the system or the provision of service within the town, or ownership, shall likewise be filed with the town no later than 15 days after the filing or receipt thereof.

In addition to the requirements noted in the preceding subsections of this section, a service provider or system owner or operator shall, in a timely manner, submit those reports, statements and logs required by this chapter that are necessary for the proper and diligent administration and enforcement of this chapter or any franchise granted by the town, including, but not limited to, the following:

(1)	A periodic gross revenue statement and report in the manner set forth in this chapter;
(2)	A copy of the loss of service or outage log applicable to the system or service in the town, showing all service outages of any kind and duration, in accordance with the requirements in this chapter and any franchise;
(3)	System maintenance reports as set forth in this chapter;
(4)	Any form, including all attachments and exhibits thereto, relating to an assignment or transfer of the franchise or any change of control of a system, operator or service provider;
(5)	A copy of any equal employment opportunity (EEO) and fair contracting policies; and
(6)	A copy of any required state authorization to operate a system or provide service using a system.

A.	A service provider or system owner or operator shall keep complete and accurate books of accounts and records of the business and operations in connection with the operation of the system and/or the provision of service in the town, including records of inspection and maintenance activity in sufficient detail to ascertain the diligence and adequacy of the inspection and maintenance program.
B.	The Town Board, the Administrator or a duly authorized designee of either shall always have the right to require the provision of and delivery of information or records, including true and complete photostatic copies of any records, to the town offices or the offices of the town's designee, as may be necessary and required to administer this chapter or any franchise. At the discretion of the Town Board or the Administrator, and in lieu of the preceding, the Company may be permitted to provide attested and certified summaries of information in the form and format determined by the Town Board or the Administrator.
C.	Requests for information and records shall by provided within five days of the receipt of a written request, unless the retention of such records is expressly exempted by one or more provisions of a franchise or unless the time for the provision of such records is extended by the Town Board or the Administrator. In an emergency situation, the information may required to be provided sooner.
D.	It shall be the responsibility of the service provider or system owner or operator to retain and maintain records and information so as to enable their provision to the town or its designee in a timely manner as required by this chapter. The period of time for the required retention of such records shall be for the period of time represented by the state's statute of limitations given the facts and circumstances involved.
E.	The town shall have the right, at its own expense, to hire an independent certified public accountant or other business professional to review the books and records of a service provider or system owner or operator or, at the discretion of the Town Board or the Administrator, attested and certified summaries of information in the form and format determined by the Board or the Administrator. If, after a financial audit or analysis, it is determined that the service provider or system owner or operator has underpaid amounts owed to the town by 1% or more of the amount owed or $2,000, whichever is less, then the service provider or system owner or operator may be required to reimburse the town for the actual fully allocated cost of the audit or review. Absent fraud, any audit by an independent certified public accountant or other qualified professional retained by the town shall be binding.
F.	A false entry into the books and/or records of a service provider or system owner or operator of a material fact or amount made by a service provider or system owner or operator or any employee or contractor of the service provider or system owner or operator shall constitute a material violation of this chapter and, at the discretion of Town Board, subject the service provider or system owner or operator to termination and revocation of its franchise and any and all fines and penalties, both civil and criminal, as permitted under law. An unintentional erroneous entry made in good faith and of de minimus negative affect shall be deemed a technical violation or breach and shall not constitute a material violation of this chapter, nor subject a service provider or system owner or operator to any damages or penalties.
G.	The service provider or system owner or operator shall also keep, make available and provide, upon request by the town, any other records and information that may be required by any other federal or state agency, including the PSC, that has jurisdiction over one or more classes of service provider or system owner or operators as relate to the operation of the system or the provision of service, including financial matters.
H.	Notwithstanding anything else in this section, no service provider or system owner or operator shall be required to provide information that is by law expressly deemed confidential or proprietary.
I.	Failure to comply with the provisions of this section shall subject the service provider or system owner or operator to fines or penalties as set forth in this chapter.
J.	To the extent required by applicable state and federal law, the town shall not disclose or use any information provided by a service provider or system owner or operator in a manner that would reasonably be deemed to provide a competitive advantage to another service provider or system owner or operator or that would reasonably be deemed to place the service provider or system owner or operator at a competitive disadvantage.
K.	No service provider or system owner or operator shall use the delay of the provision of the information required under this section to prevent the Town Board from exercising its rights or performing its duties and obligations under this chapter or any applicable federal or state law, rule or regulation.

If at any time a service provider or system owner or operator shall disturb the yard, residence or other real or personal property of a subscriber or user, such service provider or system owner or operator shall ensure that the subscriber's or user's yard, residence, place of business or other real or personal property is returned or restored to a condition comparable to that which existed prior to the commencement of the work or to the creation of the damage.

The costs associated with both the disturbance and the return, replacement and/or restoration shall be borne solely by the service provider or system owner or operator. The service provider or system owner or operator shall reimburse a subscriber or user or private property owner for any actual physical damage caused by the service provider or system owner or operator, its subcontractor or its independent contractor in connection with the disturbance of or damage to a subscriber or user or property owner's property that cannot be returned to its condition prior to the damage.

As a matter of consumer protection the town establishes the following regulations related to access to or the refusal of any service.

A.	Except for normal sales and sales retention efforts, no service provider or system owner or operator shall engage in any activity or practice which is designed to prohibit or inhibit or has the effect of inhibiting or prohibiting a subscriber or user from switching from one service provider or system owner or operator to another service provider or system owner or operator or disconnecting from one service provider or system owner or operator in order to connect and receive service from another service provider or system owner or operator or simultaneously receiving service from more than one service provider or system owner or operator.
B.	No service provider or system owner or operator shall engage in any activity or practice which has the effect of acting as a penalty or negative disincentive for a subscriber or user switching from one service provider or system owner or operator to another service provider or system owner or operator; or disconnecting from one service provider or system owner or operator in order to connect and receive service from another service provider or system owner or operator; or simultaneously receiving service from more than one service provider or system owner or operator.
C.	No person or member of the public shall be penalized or fined by a service provider or system owner or operator, whether through a home sales contract, a deed containing restrictive covenants or any other type or instrument of agreement or restriction, for failing or refusing to subscribe to or receive service of any kind or for failing or refusing to physically connect to a service provider's or system owner's or operator's system; nor shall any person incur penalties, fines or costs of any kind for failing or refusing to connect to a service provider's facilities or a system owner's or operator's system or for failing or refusing to subscribe to or receive service.
D.	Failure to meet the requirements of this section may, at the discretion of the Town Board, result in fines or penalties as set forth in this chapter.

As a matter of consumer protection the town adopts the following regulations regarding subscriber or user privacy:

A.	A service provider or system owner or operator shall abide by any and all subscriber or user privacy rules or regulations of the federal or state government or any federal or state agency.
B.	Any service provider or system owner or operator who functions as an internet service provider shall be prohibited from using or providing to a third party any information sent or received by a subscriber or user, such as, but not limited to, e-mail or any attachments thereto, to any person or entity for any purpose whatsoever, unless ordered to do so by a court of competent jurisdiction.
C.	Failure to meet the requirements of this section may, at the discretion of the Town Board, result in fines or penalties as set forth in this chapter.

The town is hereby granted the authority to do all things necessary and permissible to supervise, inspect and regulate the construction, operation and maintenance of systems that are subject to this chapter, in whole or in part, and to implement procedures for the filing and resolution of complaints, unless otherwise expressly prohibited by federal or state law.

A.	No service provider or system owner or operator may abandon, withdraw or cease to operate the system or provide service to any portion of the service area within the town without the prior express written consent of the Town Board.
B.	A service provider or system owner or operator shall be prohibited from using the threat to abandon, withdraw or cease to provide service to any subscriber or users or service or operate the system area within the required service area in town to avoid compliance with this chapter or the terms and conditions of a franchise.
C.	Failure to meet the requirements of this section may, at the discretion of the Town Board, result in fines or penalties as set forth in this chapter.
D.	In addition to Subsection C of this section, violation of this section shall be deemed grounds to terminate and revoke a franchise in accordance with the provisions of this chapter and applicable state law.
E.	Failure to meet the requirements of this section may, at the discretion of the Town Board, result in fines or penalties as set forth in this chapter, entitled "Fines and penalties." Editor's Note: See § 305-93, Fines and penalties.

In order to establish minimum and uniform standards related to the safe use and occupancy of public property, the town's property and rights-of-way and private property and, as the system may be relied upon to communicate with the subscribing public in the event of an emergency or disaster, to assure the reliable provision of service in the town and, to the extent reasonably possible, assure the ability of subscribers, users and property owners to enjoy their property with the least inconvenience and diminishment of the value of the property, any service provider or system owner or operator shall abide by and adhere to the following minimum construction and construction related requirements.

(1)	Construct, install, maintain and repair the system or facilities used to provide service in accordance with this chapter, and any other requirements of the state, county and/or town;
(2)	Use and occupy streets and private rights-of-way as set forth in this chapter and any other applicable requirements of the state, county and/or town;
(3)	Where applicable and when ordered in accordance with this chapter or a franchise, remove the service provider's or system owner's or operator's equipment, facilities and property from the town's property, streets or rights-of-way in accordance with this chapter and applicable state law;
(4)	When ordered by a private property owner, subscriber or user, remove the service provider's or system owner's or operator's equipment, facilities and property from the premises;
(5)	Abide by the safety requirement as set forth in this chapter;
(6)	Abide by and act in strict accordance with all codes that are standard and customary to the applicable industry, including construction, fire, safety, health and zoning codes that are adopted by the town, the county, the state or the United States;
(7)	Cooperate with the town in the conduct of any inspection of the system or facilities used to provide service and make repairs or eliminate construction or safety violations as directed or ordered by the Administrator or the Town Board; and
(8)	Maintain all permits, licenses and other authorities as required by this chapter and any other town rules or regulations and as may be required by any other governmental regulatory authority.

The construction, rebuild, upgrade, installation, maintenance and repair of any system or facilities of any system owner or operator or service provider shall at all times and without exception abide by and comply with the requirements of Subsections C through P of this section, unless expressly relieved from compliance in a franchise, which relief shall include any grandfathered status in a franchise in existence as of the effective date of this chapter, unless engaged in any construction, rebuild or upgrade of the system or facilities after the effective date of this chapter and prior to the expiration date of the franchise.

For newly served areas of the town, the provisions of Subsection C of this section shall apply at the time of initial construction and/or installation of the new system or facilities or at the time of a rebuild or upgrade of a system or any of its facilities.

The town expressly adopts a policy of zero tolerance of situations or practices not in compliance with the requirements of this section, unless relief is granted pursuant to § 305-4 of this chapter.

Any service provider or system owner or operator, when engaged in any construction, installation, rebuild, upgrade, maintenance or repair activities, shall treat the aesthetics of property as a priority, shall not substantially change or affect the appearance or the integrity of the structure and the property on which it is situated in a negative manner. This shall include prohibiting the installation of a service drop and associated components on the bias or diagonally across the front, rear or side of a residence or other structure without the property owner's express permission. Unless impracticable, all drop material attached to a dwelling or business must follow the perimeter lines or rooflines of the dwelling or business and shall result in the minimum visual effect reasonably possible, taking into account the reasonable desires of the subscriber or user.

To minimize the accidental cutting of lines resulting in a loss of service, to the extent not physically or commercially impracticable, all underground service drops shall follow property lines and shall cross property only at right angles, unless otherwise expressly permitted by the property owner, whose permission shall be in writing and the work order signed by the subscriber or user shall contain a diagram of the permitted routing of the service drop, or unless required due to the physical characteristics of the surface or subsurface obstructions, in which case there shall be a signed and dated acknowledgement by the subscriber or user of the need to route the installation differently than as required in this subsection. For systems or service providers in existence prior to the effective date of this chapter, the service provider or system owner or operator shall not be required to bring its facilities into compliance with the provisions of this Subsection F until the sooner of an upgrade or rebuild of the system or system facilities or the grant of a new or renewed franchise. Notwithstanding the previous sentence, a service provider or system owner or operator shall always be required to comply with the provisions of this Subsection F when requested by a subscriber or user and shall do so in a timely manner.

Underground service drops shall be buried at a minimum required depth of 12 inches so as to prevent being cut in the course of performing normal yard maintenance, planting and landscaping.

In instances where previously existing utilities have constructed or installed wire or cable aerially, the service provider or system owner or operator may construct its system or facilities aerially, unless otherwise required by state or local law. However it shall be the responsibility of the system owner or operator or service provider to assure that at all times and without exception all required minimum separations are maintained between its facilities and those of other occupants of the poles as required by applicable code, rule or regulation, including as set forth in this chapter, and that there shall at no time be less than the minimum required clearance between such facilities and those of the system or service provider, nor shall there ever be any contact between the service provider's or system owner's or operator's wires, cable or other equipment and facilities and those of any other utility or other system or service provider's facilities or any other occupant of the poles.

In situations involving underground construction, the system owner or operator or service provider shall at all times and without exception be required to comply with all applicable requirements of the National Electrical Safety Code and the National Electrical Code.

Notwithstanding the provisions of Subsection H of this section, as a matter of economic development and preserving property values, the Town Board may order to be placed underground any portion of a system.

In the event a violation of Subsection H is caused by another occupant of the poles, upon discovery of the violation, the system owner or operator or service provider shall, the same day if possible, but in no case later than the next workday, formally and in writing, notify the party that created the violation and diligently pursue the elimination of the violation. The system owner or operator or service provider shall be required to be able to provide evidence of the notice to eliminate the violation and of its efforts to have the violation eliminated.

All occupants of utility poles and shared trenches shall at all times cooperate with all other occupants to assure compliance with the requirements of Subsection H.

In order to provide the maximum assurance of the protection of the public and of the employees of any occupants of the town's property and rights-of-way, the town specifically adopts the following construction, maintenance and repair requirements set forth in this subsection. The requirements in this subsection shall serve as minimum standards and requirements and shall be in addition to any other requirements of the town, the county or the state. In the event of a conflict between the requirements set forth in this subsection and those contained in any other applicable county or state code, rule or regulation, that which provides the greatest assurance of achieving the intent set forth in Subsection A of this section shall apply.

(1)	All aerial system components shall at all times be securely attached and supported.
(2)	All guy wires associated with a system shall at all times be maintained with the integrity originally intended, including, but not limited to, proper attachment to an anchor and adequate tension to perform the purpose intended.
(3)	Any guy wire associated with a system that is reasonably accessible to or may reasonably be expected to be encountered by pedestrians or users of recreational vehicles, including but not limited to bicycles, skateboards, snowmobiles, off-road vehicles and all-terrain vehicles, shall at all times be marked and protected by the use of a suitable brightly colored, plainly visible guard no less than eight feet in length and made of a nonconductive material that is resistant to deterioration caused by the effects of the weather.
(4)	The ends of all guy wires at the point of attachment to the anchor shall be trimmed and capped or otherwise protected so as not to allow exposed sharp ends to protrude.
(5)	All wires or cables of any kind associated with the system that are placed vertically on any pole and that are within eight feet of the surface of the ground shall at all times be protected from direct contact by unauthorized individuals and vandalism by means of a suitable guard made of a nonconductive material that is durable and resistant to degradation or deterioration caused by the effects of the weather.
(6)	At no time shall any cable or functional equivalent intended for underground installation be left or remain unburied at the end of a workday. The only exceptions to this requirement shall be for extreme weather conditions or in a force majeure situation or if the ground is frozen to a depth of more than six inches. In any case involving the exceptions under this subsection, the unburied cable shall be buried pursuant to the requirements in the National Electrical Safety Code, or for situations involving service drops the requirement in Subsection G of this section, on the first workday following the cessation or elimination of the condition permitting the exception.
(7)	All pedestals and vaults housing system or service facilities or components shall at all times be reasonably secured to prevent tampering by unauthorized individuals, vandalism, contact with sharp edges that are associated with or contained in the pedestal or vault and stings by insects that often make nests in pedestals or vaults. It is required that every service call at a location at which a pedestal or vault exists shall include a check of the structural integrity and the security of the vault or pedestal, and any repairs necessary to bring the pedestal or vault into compliance with this subsection shall be done at the time of the service call, or the next workday at the latest.
(8)	At no time shall any pedestal or vault be located closer than six feet from an electric power pedestal, unless bonded to the ground of the electrical power pedestal.
(9)	In no instance shall any pedestal or vault be situated so as to block, prevent, hinder or interfere with the free access to any other utility or service pedestal.
(10)	In no instance shall any system or service component or facility be fewer than 20 inches, measured vertically, from any streetlight, including any attachment brackets or fixtures of any streetlight, unless individually bonded to the streetlight or its ground, in which case the minimum permitted clearance shall be 12 inches.
(11)	All system or service facilities or components which are aerially constructed shall maintain a minimum of 60 inches of vertical clearance at a pole and 50 inches of clearance at mid-span from any electrical primary lines, wires or facilities, and 40 inches of vertical clearance at a pole and 30 inches of vertical clearance at mid-span from any electrical secondary power lines, wires or facilities.
(12)	At all times in all aerially constructed areas of the town, all communications systems or service facilities or components shall maintain a minimum of 12 inches vertical clearance from any other communications lines, wires and facilities.
(13)	At no time shall any system or service facilities or components be attached to or in contact with any electrical power mast or any other electrical power-related facility on any residence or business, except for the sole purpose of establishing a common ground, otherwise known as a bond, which bond shall not be at the electrical power mast and shall not block or otherwise interfere with the free and unhindered access to any component of the electrical service; nor shall such facilities or components ever be in contact with or closer than 12 inches from any component of electrical service to any residence or building, except for purposes of bonding to the electrical service ground.
(14)	All service drops shall be bonded to the electrical system ground serving that home or building. At no time shall a separate ground rod be the only means of providing a ground, unless the home or building has no electrical service ground, in which case the electric company must be notified in writing of the lack of a ground.
(15)	All system or service lines, wires and cable, including service drops, shall have a minimum vertical clearance of eight feet when passing above or over any point of any roof of any home or building of any kind.
(16)	No wire, line or cable of a system owner or operator or service provider, whether aerial or underground, shall cross the property of a person, subscriber or user to provide service other than to serve the address of the property being crossed without the express written permission of the owner of the property being crossed, which written permission shall be permanently retained by the service provider or system owner or operator and produced upon request or demand by the owner of the property or the Administrator, the Town Board or its designee.
(17)	All system or service lines, wires and cable serving residences or other buildings shall be securely attached to the structure in a neat manner and in the least visually offensive manner reasonably possible given the facts and circumstances.
(18)	No service drop shall at any time cross in front of or block any door, window or any means of emergency egress or ingress of any home, business or building. If any wire, line, cable or service drop of the system or service provider is found to be blocking a means of emergency ingress or egress, a service provider or system owner or operator shall immediately reroute and attach the wire, line, cable or service drop so as to eliminate the situation.
(19)	At all times, on an individual basis, all service drops shall be bonded to the common ground of the electrical service in the residence or other building, except with the express permission of the town, and then only for the reason stated in Subsection M(13) of this section. No service drop may at any time be grounded to or in contact with any facility providing gas service, nor be closer than 12 inches to any facility providing gas service.
(20)	All work on the system or service plant, facilities or equipment performed by a system owner or operator or service provider shall, without exception, be left in a permanent, finished condition at the end of each working day, unless individually approved by the subscriber or property owner and either the Town Board or the Administrator on a individual location-by-location basis. At no time may materials or system components be left in the rights-of-way in reach of an individual, unless appropriate personnel are present to prevent injury.
(21)	All subscriber or user service drops are to be inspected by the system owner or operator or service provider, whichever is applicable, as an integral part of every service call, installation or reconnection, and any work necessary to bring the service drop into compliance with this section shall be completed prior to leaving the address or, at the latest, by the end of that workday.
(22)	All communications systems and facilities of a communications system owner or operator or service provider attached to utility poles shall at all times be attached on the same side of the pole as the lowest occupant of the pole, unless sufficient climbing space is provided by use of a stand-off arm. At no time shall any facilities of a system owner or operator or service provider create what is known in the industry as a "frame out" of a pole, thereby blocking the necessary climbing space of the pole.
(23)	All system or service lines, wires, cable and facilities shall be constructed so as to leave sufficient room between its system and facilities and those of the electric system to place or move a service bucket between the systems and facilities without coming into contact with the other system or facilities, or in simultaneous contact with both systems or facilities.
(24)	All cable, lines, wires and fiber shall at all times be securely lashed to the supporting strand so that the structural integrity of the cable or system is not compromised.

Every service provider or system owner or operator shall be required to conduct a diligent program of regular inspection of its system and facilities to assure compliance with the requirements of this section, which shall include adequate training of all field personnel to enable them to be capable of identifying and reporting situations not in compliance with the requirements of this section.

At all times and without exception all applicable portions of the Occupational Safety and Health Act (OSHA) shall be complied with.

Any violations of this section that are found shall be eliminated immediately, or the next workday at the latest.

Any system owner or operator or service provider who violates the requirements of this section may, at the discretion of the Town Board, be subject to the imposition of fines and penalties as set forth in this chapter.

Any construction, rebuild, upgrade, installation or maintenance of any system or facilities shall be done using only materials of good and durable quality, and all work shall be performed in a safe, thorough, reliable and workmanlike manner.

At all times and without exception, all wires, conduits, cable (whether coaxial, fiber or a functional equivalent) and other property and facilities of a service provider or system owner or operator shall be located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with the usual and customary use, traffic and travel upon the streets, rights-of-way, easements and public ways of the town or any private property adjacent to, crossed or used by a system owner or operator or service provider.

In the event a service provider or system owner or operator's system or facilities create a hazardous or unsafe condition or is part of or a party to a hazardous or unsafe condition, including, but not limited to, those standards and requirements set forth in this chapter that are intended to protect the safety of persons and property, or that creates an avoidable or unreasonable interference with the use of public or private property, the service provider or system owner or operator shall, upon discovery, voluntarily or upon notice by the town, remove or modify that part of the system or facilities so as to eliminate the condition in a prompt and expeditious manner.

At no time and under no circumstances shall a service provider or system owner or operator place equipment where it will unduly, unreasonably or impermissibly interfere with the rights of property owners or with any utility or service intended to benefit the general public or any other service or facility that benefits or protects the health, safety or welfare of the town or its residents.

A service provider or system owner or operator, either at its own expense or that of a private contractor, shall at all times and without exception protect all property, including public property and the town's rights-of-way and easements, and shall support or temporarily disconnect or relocate any property of the service provider or system owner or operator when necessitated by reason of:

(1)	Traffic conditions;
(2)	Public safety;
(3)	Temporary or permanent street closing;
(4)	Street construction or resurfacing;
(5)	A change in or establishment of a street grade;
(6)	Installation, repair or modification of sewers, drains, water pipes, storm drains, lift stations, force mains, power or signal lines and any traffic control system; or
(7)	Any improvement, construction, repair or public works project related to the town's or its residents' health, safety or welfare.

Upon request by any person or individual desiring to work or have work performed near or around a system's or a service provider's facilities that are placed underground, it shall at all times be the responsibility of a service provider or system owner or operator to locate or have located all components of the system or facilities, and mark or otherwise visibly indicate and alert others to the location of the underground wires, cable, fiber or a functional equivalent and any associated equipment or facilities, prior to the start date of such work. It shall be the responsibility of the entity intending to or actually performing underground work to notify the service provider or system owner or operator at least 10 days prior to the intended start date of the need to locate the service provider or system owner or operator's underground lines and equipment and to inform the service provider or system owner or operator of the intended start date.

No service provider or system owner or operator may engage in any underground work or disturb the subsurface of any ground without first having had located and marked all utilities and facilities placed underground at the same location.

On the request of any person holding a building moving permit, a service provider or system owner or operator shall temporarily remove, raise or lower its wires and facilities to allow the moving or relocation of the building. The expense of temporary removal, raising or lowering of the wires and facilities shall be paid by the person requesting such, and the service provider or system owner or operator may require payment in advance. The affected service provider or system owner or operator shall be given not less than 14 days' notice of a contemplated move to arrange for temporary wire changes.

A.	Prior to cutting, penetrating, opening or in any way compromising or affecting the integrity of any public street, a system owner or operator or service provider shall first obtain a street cutting permit from the town.
B.	An application process and procedure shall be established by the town, including a fee for the filing of an application.
C.	In order to minimize the disruption of the usual and customary use of the streets and rights-of-way and not prolong such disruption, a street cutting permit shall be date specific and for a specific period of time. If work is not started on the start date contained in the street cutting permit, a penalty of 1/2 the amount of the permit fee may be required.

In the event of the nonrenewal of a service provider's or system owner's or operator's franchise, or the involuntary termination or revocation of the franchise, subject to the continuity of service provisions outlined in this chapter, and unless the town or another person indicates its lawful intent to acquire and use the system or the facilities, the affected service provider or system owner or operator shall promptly remove its system from the streets, public ways and private property located within the town, including all facilities, equipment and other property. The removal shall be at the sole expense of the affected service provider or system owner or operator and shall be completely removed within 90 days of the date of expiration, or the date of revocation and involuntary termination of its franchise or within 90 days of a lawful order or directive from the town, whenever any of the following occurs:

(1)	The service provider or system owner or operator ceases to operate all or any part of the system or provide service for more than 24 consecutive hours without the express written permission of the Town Board or the Administrator, other than for reasons of force majeure;
(2)	The service provider or system owner or operator fails, without the express written permission of the Town Board, to construct, rebuild or upgrade the system or provide service as contained in an application or proposal for renewal or in a franchise or an amended franchise;
(3)	The Town Board elects not to and affirmatively acts not to renew the franchise, pursuant to the provisions set forth in this chapter and, if such action is appealed, pending a final ruling or determination by a court of competent jurisdiction; or
(4)	The service provider's or system owner's or operator's franchise is revoked pursuant to the provisions set forth in this chapter and, if appealed, pending a final ruling or determination by a court of competent jurisdiction.

The service provider or system owner or operator shall remove all of its cable, lines, wires property, facilities and equipment located in the town's streets and rights-of-way in the manner and time frame prescribed in Subsections C through E of this section.

If not removed voluntarily by the service provider or system owner or operator pursuant to Subsections A and B of this section, then the town may notify the service provider or system owner or operator that if removal of the property is not accomplished within 90 days, or substantial progress towards removal is not made within 75 days, then the town may direct its officials or representatives to remove the service provider or system owner or operator's property, facilities, equipment, cable and wires at the expense of the service provider or system owner or operator.

If officials or representatives of the town remove or cause to have removed a service provider's or system owner's or operator's cable, lines, wires, property, facilities and equipment, and the service provider or system owner or operator does not claim the property within 90 days of its removal, then the town may take whatever steps are permissible under state law to declare the property surplus and sell it, and, if permitted by state law, the proceeds of the sale shall go to the town.

When the service provider or system owner or operator removes its system and any other property, facilities, equipment, cable or wires from the streets and public property and rights-of-way within the town, the service provider or system owner or operator shall, at its own expense, and in a manner approved by the town, replace and restore the public or private property to a condition comparable to that which existed before the work causing the disturbance, or any damage, was done.

A service provider or system owner or operator shall obtain, at its own expense, all permits and licenses required by local law or county or state law or state, county or local rule or regulation and shall maintain the same, in full force and effect, for as long as required by the town or the agency granting the permit or license.

It shall at all times be the responsibility of any service provider or system owner or operator to comply with the most current FCC technical rules and standards, if such are applicable to the service provider or system owner or operator, and the town reserves the right and authority to enforce such rules and standards, including the authority to require demonstration of compliance.

A.	In order to verify that a service provider or system owner or operator constructs, rebuilds, upgrades, maintains and repairs the system and facilities in the manner required by this chapter, the town shall have the right to inspect all portions and facets of a service provider's or system owner's or operator's facilities, including the construction, placement, operation, repair and maintenance of the system or facilities in the town.
B.	The town shall have the right to require the delivery to the town or its designee true, accurate and unexpurgated copies of any and all records and documents related to any tests and inspections conducted by the system owner or operator or the service provider for purposes of review and analysis as may be deemed necessary to administer and enforce this chapter and any franchise.
C.	The town shall pay for its costs associated with any physical inspections of the system or its components or for document reviews. Notwithstanding the preceding, the town may require reimbursement of its fully allocated costs for those circumstances occasioned by a service provider or system owner or operator refusing to provide the information requested under Subsection B of this section, or the refusal to cooperate with the town in an inspection, or that is occasioned by the identified failure in a significant portion of the town to construct, install, maintain, repair, rebuild or upgrade any part or portion of the service provider's or system owner's or operator's system or facilities in the manner specified and required by this chapter.
D.	If a failure to construct, install, maintain, repair, rebuild or upgrade the system or facilities as required by this chapter is identified, except for that which would reasonably be deemed of a de minimus number of situations and of de minimus effect, and, after ordering the remedy or elimination of the failures and providing a period of time to comply with the order, the town may order a reinspection in order to verify the resolution or elimination of any failure or problem by a service provider or system owner or operator.
E.	In instances involving reimbursement under Subsection C of this section, at the discretion of the Town Board or the Administrator, the service provider or system owner or operator may be required to reimburse the town for all of the actual fully allocated costs that are incurred by the town to obtain the necessary information or that are incurred to conduct or have conducted any needed reinspection. If, upon reinspection, all failures to construct, install, maintain, repair, rebuild or upgrade any portion of the service provider's or system owner's or operator's system or facilities have been eliminated, the Town Board or the Administrator may, at their discretion, waive the reimbursement requirement.
F.	The reimbursable costs as described in this section are deemed reimbursable because either the costs were precipitated by the unreasonable or noncompliant behavior of the system owner or operator or the service provider or because the costs are related to actions of enforcement for violations or breaches committed, neither of which is a part of the normal administrative function of this chapter or of franchise and are extraordinary costs that would not have been incurred were it not for the impermissible action or violation by the system owner or operator or the service provider.

All system owners or operators or service providers shall at all times and without exception comply with the most current editions of the National Electrical Safety Code (NESC), the National Electrical Code (NEC) and the Occupational Safety and Health Act (OSHA). Any changes in or amendments to these codes and law shall be deemed to have been automatically adopted by the town with respect to this chapter, unless expressly rejected by the Town Board.

In cases involving safety issues related to utility poles, including the requirement to regularly inspect the system and facilities for violations of the NESC, including, but not limited to, issues of minimum clearances or impermissible contact of the facilities of two occupants of the poles, and where there is a question as to which party caused the violation, the system owner or operator or the service provider may be required to provide the following, as applicable under the circumstance:

(1)	A copy of the request for makeready for the situation at that location showing the date of the request; or
(2)	A copy of the signed and dated work order showing the date of installation for the particular subscriber or address; or
(3)	A copy of the signed and dated work order for the latest service call for the particular subscriber or address.

In cases involving Subsection B(2) or (3) of this section, where individually identifiable subscriber information may be revealed, it shall nevertheless be the responsibility of the system owner or operator or service provider to provide proof of the date in question, but without identifying the name of the subscriber, unless the subscriber's permission has been obtained.

To provide for the protection of the health and safety of persons and property in the town to the maximum extent reasonably possible, the town deems it necessary to adopt a policy of zero tolerance of safety-related violations associated with any system or the provision of any service in the town, excepting those caused by subscribers, users or the public and which the service provider was not aware of or could not reasonably have been aware existed. Notwithstanding the preceding exception, it shall always be the responsibility of the service provider or system owner or operator to remedy and eliminate any safety-related violations associated with its system or service as such may be found or reported, or if caused by a third party to diligently pursue the remedy and elimination of the violation.

To enable the town to take any needed action or precaution to alert or otherwise protect persons and property in the town, it shall be the responsibility and obligation of any service provider or system owner or operator to report to the town any violation of safety codes, regulations or requirements or the construction or construction related requirements of this chapter that is identified and is not able to be remedied within 24 hours of the time of its identification, or if caused by a subscriber or user, and due to the location on private property, is not able to be remedied within the required 24 hours. For purposes of this subsection, unless impracticable, the notice to the town shall be required to be done the same day by phone and the next day in writing.

It shall be the immediate and primary responsibility of the service provider or system owner or operator to place appropriate and effective warning signs and protective devices or barriers at the site of any situations that could reasonably be expected to cause personal injury or property damage.

Notwithstanding anything to the contrary in the section of this chapter entitled "Fines and penalties," Editor's Note: See § 305-93, Fines and penalties. there shall be no fine or penalty assessed or imposed for construction or construction related or safety or safety related violations that are of the system owner's or operator's or service provider's own accord and volition reported to the town in accordance with Subsection D of this section prior to any injury or harm having been caused, and provided that the report of a situation occurs prior to or on the same day as a third party report that the town receives that is relevant to this section, and if the violation is eliminated within 24 hours, or in such time frame as may otherwise be approved by the Town Board or the Administrator.

No person, service provider or system owner or operator shall be permitted to construct, build, rebuild, upgrade or operate a system or provide service in, along, over, under or across town property or streets or rights-of-way of the town without having first obtained a franchise, unless such person, service provider or system owner or operator is exempted from this requirement under state or federal law.

No franchise shall be required for either the town or for any authority affiliated with the town to own a system or provide service in the town or to operate as a service provider or system owner or operator in the town unless required to do so by state law.

A.	The Town Board may award one or more nonexclusive franchises within its corporate limits, or any area outside the corporate limits that is under the town's governmental or regulatory control, including the town's police powers.
B.	No franchise granting authority to construct and operate a system or provide service in the town shall be exclusive.
C.	A service provider's or system owner's or operator's application or proposal shall be evaluated and approved or disapproved as part of a public proceeding and hearing which affords the applicant and the public an opportunity to be to be heard and which is in accordance with applicable federal and state laws, rules and regulations.
D.	Any service provider or system owner or operator shall proceed with due diligence and its best efforts to obtain, at its own costs, all necessary permits, licenses and authorizations which are required for the conduct of its business in the town within 30 days after the effective date of an initial franchise, including, but not limited to, any private easement agreements, business licenses, utility joint use or attachment agreements, microwave carrier licenses and any other permits, licenses and authorizations needed to lawfully provide service or operate a system within the town.
E.	A service provider or system owner or operator shall have in its possession all necessary and required permits, easements, agreements and licenses prior to the commencement of any construction, rebuild or upgrade of the system and, if applicable, the provision of service.

A service provider or system owner or operator subject to this chapter may not lay or use any cable, lines or wires, whether coaxial, fiber or a functional equivalent, or any other equipment or facilities, on town owned property or in the town's rights-of-way until the franchise is fully executed and is in effect, including approval by the PSC if such is required.

A franchise shall be sufficiently detailed so as to clearly delineate the rights, privileges, duties, obligations and limitations of the parties concerned.

As permitted, and as may be applicable to a particular class or type of service provider or system owner or operator, a franchise shall, at a minimum, contain and address the following matters, as well as any requirements in accordance with any applicable rules of the PSC:

(1)	The term or duration of the franchise;
(2)	An indemnity and hold harmless provision;
(3)	An insurance commitment, as required;
(4)	Performance bonds or other security, as required;
(5)	Completion bonds or other security, as required;
(6)	The clearly designated service area;
(7)	A schedule of service to any unserved areas of the town;
(8)	The construction, upgrade or rebuild schedule, if applicable;
(9)	Compensation, including, but not necessarily limited to, a franchise fee for administering the franchise;
(10)	A fee or rent for the commercial use and occupancy of the town's property and rights-of-way;
(11)	A statement of repeal of any previously granted or inconsistent franchise;
(12)	A severability clause;
(13)	A commitment to abide by any and all laws, rules and regulations that govern the franchise or its use and occupancy of the town's property and rights-of-way and the provision of service;
(14)	Any exemptions or relief from this chapter, or any comparable policy, as may be granted; and
(15)	An effective date.

Without limitation other than as may be established by supersedent law, the town shall always have the right to require additional matters, issues and subjects to be contained in a franchise, as may be reasonably deemed necessary in the interest of and to protect the town and its residents.

A.	Upon an award of a franchise and in accordance with the terms of the franchise, a service provider or system owner or operator required to obtain a franchise may construct, erect, install, maintain, rebuild, upgrade, operate, repair, replace, remove and restore service or a system within the geographical limits set forth in the franchise, but only to the extent permitted by this chapter and the terms and conditions of the franchise.
B.	Any franchise granted under this chapter shall be solely and exclusively for wireline service, unless express written authority and permission to use the system for the receipt or provision of wireless service(s) is obtained from the town, and no wireless reception or transmission equipment or facilities shall be attached to or use the wireline system located on or using town owned property or rights-of-way without the express written permission of the town, which authority must be expressly contained in any franchise.
C.	The system may be located in, upon, along, across, over and under the streets, rights-of-way, easements and public ways of the town as more specifically set forth in the franchise, but only to the extent set forth in this chapter and the franchise.
D.	A service provider or system owner or operator shall be solely and separately responsible for obtaining any required easements for the use of private property, including privately owned utility or streetlight poles, solely at its own cost.
E.	A service provider or system owner or operator, through a separate pole or conduit agreement with a utility or the town may locate the system on or within the easement or property of such utility in the town, so long as the system and service is deemed a compatible use of the easement and such use is expressly permitted by the holder or owner of the easement.

A.	The term of an initial franchise shall be no more than 10 years from the date that a franchise is approved by the Town Board and is executed by an authorized official of the town and the affected service provider or system owner or operator. Ten years shall be the maximum term permitted absent the demonstration of the need for a longer term for financial reasons, such as, for purposes of example, the time needed to recoup the initial investment plus a reasonable return on the investment as set forth in Subsection C of this section.
B.	No franchise may contain an option to extend the term of the franchise where such option is automatic or able to be unilaterally exercised.
C.	The town shall not be obligated to grant a franchise for a period of time that is greater than is necessary to recoup the amount of any capital expended that was required by the town or as may be agreed to during negotiations for the franchise, plus a return on investment attributable to that capital investment.
D.	The permitted return on investment shall be as may be agreed to in the franchise or as may be established by the FCC or the PSC for telecommunications utilities, or 11.5%, whichever is less.
E.	A system owner or operator or service provider shall be required to demonstrate to the Town Board the financial need of the requested term of the franchise in the form of an analysis as deemed appropriate and necessary and in reasonable detail as may be required by the Town Board.
F.	Unless ordered or otherwise required by a court of competent jurisdiction or unless required by state law, the town shall not disclose the details of financial information provided under this section, other than to make public the length or term of the franchise and the rate of return on capital investment used to determine or verify the need and justification for the term granted.
G.	The term of a renewal of a franchise or the grant of a franchise subsequent to an initial franchise to an incumbent service provider or system owner or operator shall be for a period of not less than 31/2 years, measured from the date that a franchise is approved by the Town Board and, if required, is approved by the PSC. The maximum term of renewal shall be no more than 10 years, absent demonstration of the financial need for a longer term as set forth in this section.
H.	In the event of the expiration of a franchise prior to the renewal or issuance of a subsequent or different franchise than that originally granted, unless prohibited by state law or rule, at the discretion of the Town Board, continued authority may be granted in ninety-day increments.

An application or proposal for a franchise or for the grant of a franchise subsequent to the expiration of a previously granted franchise may, at the discretion of the Town Board, be required to include a plan to make service available to any or all residences, dwellings, businesses and establishments located on any or all public streets and roads throughout the town.

A.	Any franchise agreement that does not contain a plan for service to all occupied homes and buildings in the town shall contain a system expansion or line extension plan and schedule for areas not served as of the effective date of the franchise.
B.	The cost of any line extension may either be apportioned among the subscribers and users of that line extension in the town or, at the discretion of the Town Board, among all subscribers and users of the system or service.
C.	If the town adds or incorporates additional land through annexation or any other lawful means, pursuant to Subsection A of this section, the service provider or system owner or operator serving that area may, at the discretion of the Town Board, be required to extend service to the new locations within the reasonable time frame established by the Town Board.
D.	A plan submitted or required to be submitted pursuant to Subsection A of this section that requires more than one year for completion as measured from the date of the directive of the Town Board shall be accompanied by a detailed explanation justifying the need for the additional time, which justification shall include detailed supporting evidence of the reasons for the needed additional time, as well as a date specific by which service shall be available to all residences, dwellings, businesses and establishments on any or all public streets and roads in the subject area.
E.	The Town Board may grant relief from this requirement for one or more unserved areas within the town if the applicant provides an explanation acceptable to the town as to why a particular area cannot be served.

A.	As may be applicable, but only to the extent expressly required by state or federal law, rule or regulation, the Town Board shall follow all applicable federal and state laws and rules of the FCC and the PSC with respect to the submission and processing of initial and renewal applications or proposals for a franchise.
B.	As regards cable operators, and notwithstanding the preceding Subsection A, in the event the applicant is an incumbent and proposes or requests to be permitted to allow the system to be used for the provision of service other than for cable service as defined under Section 631(a)(2) of the Communications Act of 1934 [at 47 U.S.C. § 551(a)(2)], such application or proposal shall not be deemed a renewal application or a renewal proposal. Any proposal or application by a current holder of a cable franchise agreement with the town, and which proposal is for the provision of service or the ownership or operation of a system, as defined in § 305-1 of this chapter, shall be deemed an initial application, except as regards the provision of cable service or the use of the system to provide cable service, in which case that portion of the application related to the provision of cable service, but only that portion, shall be deemed a renewal application subject to Section 626 of the Cable Act of 1984, as amended (at 47 U.S.C § 546).
C.	For service providers or system owners or operators not subject to federal law and the rules of the FCC and the PSC with respect to the grant or renewal of franchises or as set forth, the Town Board may develop rules with respect to the submission and processing of initial and renewal applications or proposals for a franchise. Such rules and regulations shall primarily be aimed at determining the legal, financial, technical and character qualifications of the applicant, though the town may also consider other matters deemed of importance that are not prohibited from consideration by applicable law, including, but not limited to, the applicant's or proposer's history of performance and compliance, both in the town and elsewhere.
D.	With respect to an initial application or proposal for a franchise, an applicant shall pay an initial nonrefundable application fee as established by resolution of the Town Board, which fee shall be for the purpose of covering the town's fully allocated costs of processing and analyzing the application. An application for a franchise that permits uses of a system not expressly set forth in a previous franchise shall be deemed an initial application for an initial franchise.
E.	An initial application for a franchise to use and occupy the town's property and town owned and managed rights-of-way to provide service or own or operate a system for commercial purposes shall place a deposit with the town in the amount of $20,000 to cover actual costs associated with, attributable to and necessitated by the process.
F.	As the town would otherwise be required to deal with experts in the industry without the aid of equal expertise and knowledge, which situation creates an insurmountable disadvantage for the town and would prevent the Town Board from making truly informed decisions, the cost of outside expert assistance, including legal assistance as may be necessary, is deemed a cost associated with, attributable to and necessitated by the process for the purposes intended by this section. At any time during the processing of an application or proposal and the negotiation of a franchise that the balance of the deposit required under Subsection E of this section is less than $5,000, then, upon notice by the town, the applicant shall be required to restore the deposit to $7,500 before further processing of the application or proposal. At the conclusion of the process any remaining balance shall promptly be returned to the applicant.
G.	As consideration of a request for renewal of a franchise is deemed an extraordinary cost to the town that is not part of the normal administration of the existing franchise, then, unless expressly prohibited by federal law or rule, an applicant requesting a renewal of its franchise or the grant of new franchise subsequent to the grant of a previous one may be required by the town to place on deposit with the town an amount not to exceed $20,000 to cover the fully allocated costs of processing and analyzing the application or proposal. At the conclusion of the process any remaining balance shall be promptly returned to the applicant.
H.	An applicant with an existing franchise shall not be required to pay both an application fee under Subsection D of this section and place a deposit under Subsection E of this section, regardless of the nature of the application.
I.	Any application or proposal shall be accompanied by a check in the amount required at the time of the filing of the application or proposal. In the event the application or proposal is not accompanied by the required payment or deposit, the application or proposal shall be deemed incomplete, and no action shall be taken on the application or proposal until the required deposit is received.

Any service provider or system owner or operator that is granted a franchise or renewal of a franchise after the date this chapter becomes effective, shall pay to the town an amount that is equal to the fully allocated cost of administering the franchise for the year, which cost shall be based on the budgeted amount in the budget adopted by the town for that year.

Notwithstanding the requirement of Subsection A of this section, the town may, at its discretion, elect to assess a franchise fee in any amount up to the maximum amount permitted under law.

The requirements of this section shall not change the terms of payment or increase the computational formula for the payment of a franchise fee contained in a franchise agreement in existence and of effect as of the effective date of this chapter.

The franchise fee shall be paid on a calendar quarter basis, unless otherwise stated in the franchise, and shall be deemed late if received later than 45 days after the due date of any payment.

Notwithstanding anything to the contrary in Subsection A or B of this section, upon the expiration of a franchise agreement in existence as of the effective date of this chapter that contained a smaller franchise fee than is permitted by law, the town may increase the previously required franchise fee to the maximum permitted under law, including for or during any period of continued or temporary operating authority pending the grant of a new or renewed franchise.

If the town assesses the franchise fee as a percentage of revenue, notwithstanding the fact that certain types of service providers or system owners or operators may be required to remit an annual fee to the PSC, to the extent that the payment of such annual fee, when added to the franchise fee payable to the town, is greater than the maximum permitted by law, and to the extent required by law, but only if expressly required, the amount of the PSC's annual fee shall be permitted to be deducted from the amount that would otherwise have been permitted to be paid to the town. In the event that the service provider or system owner or operator does not pay the annual fee to the PSC out of gross revenue, but merely collects the fee from subscribers separately and apart from the rate for service and other charges, and remits the amount so collected to the PSC, then the amount remitted to the PSC shall not be permitted to be deducted from the amount that would otherwise have been permitted to have been paid to the town.

If the town assesses the franchise fee as a percentage of revenue, then if the FCC, Congress or any other governmental agency with authority to establish the maximum allowable franchise fee increases the maximum permissible franchise fee beyond 5% of gross revenue, to protect against the derogation of its rights, the town shall have the right and authority to increase the franchise fee to the maximum percentage or amount permissible upon 90 days' notice by the town to the franchisee.

Subject to federal law and notwithstanding anything preceding in this section and without limitation other than as established by state or federal law, nothing shall limit the authority of the town to assess and impose a franchise fee, or its functional equivalent, on any source, portion, category or type of revenue or to exempt any source, portion, category or type of revenue from inclusion in the computational base used to calculate the franchise fee or its functional equivalent, so long as such is done in a nondiscriminatory and competitively neutral manner with respect to competitive service providers or system owners or operators in the town and so long as the fee does not exceed the maximum allowable under law.

If the town assesses the franchise fee as a percentage of revenue, then in the event the town eliminates subscriber revenue from the revenue base used to calculate the franchise fee or decreases the percentage attributable to subscriber revenue, upon notice from the town of such elimination or reduction, a service provider or system owner or operator paying a franchise fee that is calculated on subscriber revenue shall reduce the amount of subscribers' or users' monthly bills to reflect the decrease, starting in the subscriber's or user's next bill.

If the town assesses the franchise fee as a percentage of revenue, then unless expressly set forth to the contrary in a franchise, a service provider or system owner or operator that is required to pay a franchise fee or its functional equivalent shall file with the town, within 45 days after the expiration of each calendar quarter, a complete and unexpurgated income statement, together with the basis of the calculations used to determine the franchise fee, showing all computations used in the determination.

The income statement required in Subsection J of this section shall be in the form and format used in generally accepted accounting principals (GAAP) and showing all incremental and individual types, categories and sources of revenue needed to ascertain the accuracy and completeness of the total payment and shall reflect the following requirements.

(1)	The income statement shall never be a synopsis of revenue whereby different revenue sources are grouped together showing only a single number for multiple types or sources of revenue.
(2)	The income statement shall show all revenue and other valuable consideration from whatever source is derived from or caused to be derived from or that is attributable to the operation of the system and/or the provision of any service or use in the town, including revenue earned from subscribers and from those who are not subscribers but are users of the service or system.
(3)	The income statement shall be certified by an officer of the service provider or system owner or operator attesting to the accuracy, completeness and veracity of the revenue figures and other information contained therein.

As an alternative to the income statement requirements of Subsections J and K of this section, the system owner or operator or service provider may provide a photostatic copy of the unexpurgated revenue chart of accounts applicable to the calculation of the franchise fee taken from the ledger of any person or entity who derived revenue as the term "gross revenue" is defined in § 305-1 of this chapter, along with a statement of certification by an officer of the system owner or operator or the service provider attesting to the accuracy and completeness of the reported revenue as relates to the payment of the franchise fee.

The provision of the information required under Subsections J and K or Subsection L of this section shall be made simultaneously with the payment of the franchise fee.

If the payment of the franchise fee is made after the deadline set forth in Subsection D of this section, the system owner or operator or service provider may be required to pay the town interest for the entire amount owed for any period of time beyond the deadline set forth in Subsection D of this section. The interest shall be the prime rate as listed in the Wall Street Journal as of the end of the calendar quarter for which the payment is due, plus 2%, unless state law establishes a maximum permissible interest rate, in which case the interest rate shall be the maximum interest allowable under state law, given the facts and circumstances.

In the event that the franchise fee payment is not made in full by the due date set forth in Subsection D of this section, and payment in full is not made within 30 days after notice thereof by the town, including all interest due, then, in addition to the provisions of Subsection N of this section, the service provider or system owner or operator may also be declared in default of the franchise and subject to all fines, penalties and sanctions permitted under law.

Should the total amount owed remain unpaid for 60 days after the date of the notification of nonpayment or late payment, then the franchise may be revoked, terminated or canceled as noted elsewhere in this chapter and in accordance with rights of due process.

The Town Board shall have the right, from time to time, to examine, audit and analyze the financial records of a service provider or system owner or operator, including any subsidiary, affiliate or parent that derives revenue as "gross revenue" is defined in § 305-1 of this chapter or to require delivery to the town true and complete copies of such records. In the alternative, the Town Board may require the delivery to the town of photostatic copies of the revenue chart of accounts of any subsidiary, affiliate or parent that derives revenue, as "gross revenue" is defined in § 305-1 of this chapter, for the period being reviewed. If such audit, examination or analysis discovers an underpayment of the franchise fee or its functional equivalent of greater than 1% of the actual amount owed, then the service provider or system owner or operator shall reimburse the town for the cost of the audit, examination or analysis. It is specifically understood that the right of audit, examination and analysis, and the recomputation of any and all amounts paid, shall always be accorded the town.

If an audit or other investigation discovers that the full amount of the franchise fee has not been paid for a period exceeding six months from the original due date, notwithstanding Subsection N of this section, then the Town Board may demand recovery of all of the fully allocated costs incurred that are associated with and necessitated by the act of underpayment or nonpayment, including all reasonable attorney's fees and expert's fees.

If the town assesses the franchise fee as a percentage of revenue, all reports due and pertaining to the remittance of the franchise fee shall be certified by an officer of the service provider or system owner or operator, or its parent, and will be provided in the form, format and detail applicable to reports pursuant to Subsections J and K or Subsection L of this section. A service provider or system owner or operator shall maintain records used in the preparation of said reports for the duration of the franchise, to be produced and delivered in their totality upon request by the Town Board.

No acceptance of any payment shall be construed as a release, accord or satisfaction of any claim that the town may have for further or additional sums payable under the provisions this chapter or any franchise, or for any other performance or obligations of a service provider or system owner or operator hereunder.

Pursuant to the provisions of this chapter, payments of franchise fees made to the town by a service provider or system owner or operator or remittances of amounts collected shall be considered in addition to and exclusive of any and all taxes, business licenses or fees or other fees levies or assessments.

A franchise fee required of a cable operator shall not include any items excluded by Section 622 (g)(2)(D) of the Cable Act [codified at 47 U.S.C. § 542(g)(2)(D)].

Nothing in this section shall limit the authority of the town to require the payment of a fee or other assessment of any kind, by any third party person or entity who provides service over or using a system in the town for which charges are assessed to subscribers or users, but which charges are not received by a service provider or system owner or operator who has been granted a franchise. For purposes of illustration, this shall include situations where a provider of a particular service using an OVS system directly bills a subscriber or user, or when the service provider or system owner or operator acts as collection agent for a third party provider of a particular service when the third party service provider directly bills subscribers or users, or where a third party person leases a channel for commercial purposes and receives revenue directly or through a third party.

For any twelve-month period, the franchise fees paid by any third party person who provides service as described in Subsection W of this section shall not exceed 5% of such person's gross revenue derived in such period from the provision of service in the town or the maximum permitted by law or rule at any time.

Notwithstanding anything in this section, in the event a service provider or system owner or operator does not pay the franchise fee out of gross revenue, but instead chooses to pass the franchise fee through to subscriber or users, incrementally and in addition to the amount owed for service, so that the effect is that the franchise fee is not paid out of gross revenue, and is merely collected and remitted by the service provider or system owner or operator, then in such an instance the service provider or system owner or operator shall not be permitted to deduct the franchise fee from what is owed for property taxes or any other taxes or money due the town if otherwise permitted.

A.	Pursuant to Section 253(c) of the Telecommunications Act of 1996, the town reserves and preserves the right to assess, impose and collect rent or a right-of-way use and occupancy fee from any service provider or system owner or operator occupying and using the town's property and the town's rights-of-way for commercial purposes.
B.	If assessed, to the extent possible, the town shall impose rent or a right-of-way use and occupancy fee on a nondiscriminatory and on a competitively neutral basis.
C.	The amount of rent or the right-of-way use and occupancy fee shall not exceed the fair market value of the town's property and rights-of-way that are used and occupied for commercial purposes, as determined by the Town Board; nor shall the amount of rent or the right-of-way use and occupancy fee exceed the fair market value of the town's property and rights-of-way that are used and occupied by a service provider or system owner or operator for commercial purposes, as determined by the town's assessor or another qualified individual as may be designated by the town.
D.	An assessment pursuant to this section shall be based upon either the fair market value of like or similar property adjacent to the town's property or rights-of-way that are used and occupied by the service provider or system owner or operator serving that portion of the town, or the average fair market value of commercially zoned property within the town that is used and occupied for commercial purposes as determined by ascertaining the average or mean value for the preceding three years, or up to 5% of the gross revenue of the service provider or system owner or operator, as gross revenue is defined in § 305-1 of this chapter, whichever is greater. The Town Board shall make the determination which of the alternatives set forth in this subsection it chooses to use, but the town may use only one of the alternatives and never a combination.
E.	Notwithstanding anything to the contrary in this section, the town may negotiate with a service provider or system owner or operator for the in-kind provision of services or other valuable consideration in lieu of all or a portion of the amount that would otherwise be required to be paid. However, the town shall not be obligated to grant this option to any service provider or system owner or operator, so long as it applies this authority in a manner among like or similar service providers that is nondiscriminatory and competitively neutral in effect with respect to the value received by the town.
F.	In the event the town elects to determine rent or a right-of-way use and occupancy fee using a percentage of gross revenue, the requirements of Subsections J through Y of the previous section shall apply.
G.	All payments of rent or a right-of-way use and occupancy fee shall be quarterly on a calendar year basis, unless otherwise expressly set forth in the franchise.

A.	There shall be no sale or change in the ownership of the system, the franchisee or any parent of the franchisee, nor any assignment of a service provider's or system owner's or operator's franchise, in whole or in part, nor shall there be any change in the legal or financial control of the service provider or system owner or operator or of any parent or controlling entity or where any change results in a change in control of the system or the franchisee or the facilities used to provide service, whether such change in control is direct or indirect, de juri or de facto, without the prior express written approval and consent of the Town Board. Nor shall there be any change in control or ownership of the system's facilities without the prior express written approval and consent of the Town Board. A merger at any level shall be deemed a change of control and the Town Board's written approval must be obtained. "Control" and "change in control" shall have the meanings set forth in § 305-1 of this chapter.
B.	A service provider or system owner or operator classified as a cable operator shall have its franchise assigned, transferred or sold only in accordance with the Cable Act of 1984, as amended, and applicable FCC rules and state law, rules and regulations.
C.	Any transfer, assignment or change in control shall be approved only if the proposed transferee or controlling entity can and will meet all obligations contained in the existing franchise, unless separate and deliberate relief is granted as part of the request and approval process.
D.	No franchise approval of request for transfer or change in control shall occur with outstanding, uncured violations of this chapter or breaches of the franchise and until all money that may be owed the town has been paid in full. In the event the Town Board, at its sole discretion, elects to approve a request for change in ownership or control contingent upon the transferee or assignee accepting responsibility for outstanding or uncured violations of this chapter or breaches of the franchise, the Board may require the assignee or transferee to post sufficient security to assure that the violations and/or breaches are remedied and cured as required.
E.	Mergers or consolidations at any level that affect control of the franchisee or the system, whether such control is direct or indirect, shall require the consent of the Town Board pursuant to Subsection A of this section.
F.	Any assignment, change in control or sale as set forth in this section that occurs without the prior written consent of the Town Board shall constitute a violation of this chapter and a default of the franchise and may, at the discretion and in the judgment of the Town Board, subject the franchise to revocation and other sanctions or penalties as permitted under law.

A.	In the case of any procedure concerning or involving the default, involuntary termination, revocation, unilateral alteration or suspension of a franchise granted or enforceable under this chapter, the Town Board shall follow the rules and procedures set forth in this section, unless expressly prohibited or preempted by state law or rule. Such action may be in addition to the payment of fines and/or the imposition of penalties, unless otherwise deemed impermissible under applicable law.
B.	When an act of evasion, avoidance or omission or the failure to comply with a time-related or performance-related requirement of this chapter or the franchise is committed by a service provider or system owner or operator which represents a material violation of a provision of this chapter or the franchise or compromises the corporate character or legal, financial or technical ability, integrity and/or stability of the service provider or system owner or operator to such a degree that the interests of the subscribers and users or the town are substantively affected in a negative manner, then such violation, breach, act of evasion, act of avoidance or omission shall be considered a material violation of this chapter and breach of any franchise granted or enforceable hereunder. Under such circumstances, the town shall notify the affected service provider or system owner or operator, in writing, of the specific violation or breach, and direct the service provider or system owner or operator to remedy the breach or violation in accordance with the provisions of this chapter. For illustrative purposes only, violations, breaches, acts of evasions or avoidance and omission include, but are not limited to: bankruptcy, insolvency, failure to pay taxes or to pay franchise fees or the functional equivalent, including a rent or right-of-way use and occupancy fee, or repeated failure to comply with the provisions of this chapter or a franchise after proper notice and showing a pattern of failure or refusal to abide by the terms and conditions of the franchise or the provisions of this chapter.
C.	Where a service provider or system owner or operator commits any violation or breach to the satisfaction of the Town Board or as required in this chapter or a franchise within 30 days after notification by the town, and where the situation does not involve the repeat of a type of violation for which the service provider or system owner or operator has previously received notice within the past 24 months, then the procedure provided for under this section shall cease, and the enumerated condition shall not be considered in any subsequent compliance or performance review, so long as it has not been repeated.
D.	Notwithstanding anything to the contrary in Subsection C of this section with respect to the thirty-day cure period, to protect the health and safety of the public, at the discretion of the Town Board, violations of construction related or safety related requirements may be required to be corrected, eliminated or otherwise cured in less than 30 days.
E.	A copy of the notice of violation or breach may also be mailed to the surety of the system owner or operator or service provider.
F.	Within 60 days, but in no case sooner than 30 days, after the written notice is mailed, the Town Board or the Administrator may conduct a hearing on the matter, unless state law requires a different procedure, in which event the state-mandated procedure shall control.
G.	The Town Board shall provide written notice of the date, time and place of the hearing to the affected service provider or system owner or operator at least 30 days prior to the hearing.
H.	At the time of the hearing, the service provider or system owner or operator may present information on the current status of the alleged violation of this chapter or breach of the franchise; and present arguments as to why the situation is not a violation or breach, including evidence in support of such an argument; and why the service provider or system owner or operator should not be subjected to sanctions as permitted under this chapter and applicable state law. If the situation has been resolved or meaningful and substantive steps are being taken to resolve the situation, then the service provider or system owner or operator shall present such information at the hearing.
I.	If the service provider or system owner or operator fails to attend the hearing and has not requested and been granted a continuance of the hearing, then the service provider or system owner or operator shall be deemed to have waived its right to a further continuation of the matter and may be declared in violation of this chapter or in breach and default of the franchise based on the evidence available at that time.
J.	After the public hearing, the Town Board or Administrator may determine the service provider or system owner or operator to be in compliance and dismiss the matter, with or without prejudice; or may determine that the service provider or system owner or operator has adequately remedied and cured any violation or breach and thereby dismiss the matter; or may determine that a violation has been committed and remains unremedied and uncured.
K.	Upon a finding that the service provider or system owner or operator violated this chapter or committed a breach of a material provision of the franchise that resulted in a violation of this chapter and failed to remedy and adequately cure the violation of this chapter or material breach of the franchise, the Town Board or the Administrator may direct the service provider or system owner or operator to take corrective action to eliminate, remedy or cure the violation or breach within a specified period of time; or may, for sufficient cause, declare the service provider or system owner or operator in default of the franchise. Unless the service provider or system owner or operator complies with the directive or order of the Town Board or the Administrator or presents sufficient mitigating circumstances that, at the discretion of the Town Board or the Administrator, warrant less severe or extreme measures, the Town Board, and only the Town Board, thereafter may revoke, terminate or cancel the franchise pursuant to this section.
L.	If the Town Board or the Administrator directs corrective action to take place within a specified period of time or declares the service provider or system owner or operator in default of the franchise, then the directive or declaration shall be committed to writing and the notice of corrective action or default shall be mailed within 21 days of the action of the Town Board or the Administrator to the service provider or system owner or operator.
M.	If, within the time set forth in the order or directive, the service provider or system owner or operator has not complied with the order or directive or submitted a plan detailing how the service provider or system owner or operator will comply with the order or directive as given, or has not paid any amount due, including proposing an alternative time frame for compliance as may be acceptable to the Town Board, at the Board's sole discretion, then the Town Board may impose fines or penalties as set forth in this chapter or, in the extreme, may terminate and revoke the franchise and, unless there are further mitigating circumstances, shall notify the affected service provider or system owner or operator of such action.
N.	In the event fines are imposed, the compliance or performance security placed with the town may be used to collect the fines, and the town may take such action as is required to call on or draw against the security for such purpose.
O.	In the event of the termination and revocation of the franchise, within seven days after notification of such action, the Town Board or the Administrator shall notify the service provider or system owner or operator and its surety that any security is forfeited. The town may then take such action as is required to collect on the security.
P.	If deemed appropriate by the Town Board or the Administrator, given the facts and circumstances, the town may call the security in further settlement of the matter.

A.	The town shall periodically monitor the compliance of service providers or system owners or operators who are subject to the requirements of this chapter, in whole or in part. Prior to the conduct of an evaluation, the Town Board or the Administrator shall establish a procedure for such purpose and shall provide the procedure to the service provider or system owner or operator. Included in a compliance review may be an examination to determine whether a service provider or system owner or operator retains the financial, technical, legal and character qualifications necessary to operate a system and/or offer service in the town. Such review shall also include an examination to determine if the operational, maintenance and performance levels meet the minimum requirements of this chapter. Compliance reviews may be conducted every three years or more frequently if deemed necessary and appropriate due to subscriber or user complaints or complaints from the public or due to reasonable evidence of violations of this chapter or material breaches of the franchise. However, no compliance review shall occur more than once in any three-hundred-sixty-five-day period.
B.	If, as a result of any investigation, evaluation or determination permitted under this section, the Town Board or the Administrator determines that the service provider or system owner or operator has not complied with one or more provisions of this chapter for which relief has not been granted, irrespective of whether or not the violation can be corrected, eliminated, remedied or cured, then the Town Board or the Administrator may require the service provider or system owner or operator to reimburse the town for all actual fully-allocated costs incurred by the town that are necessitated by such violation(s) or act(s) of noncompliance, evasion or avoidance. Any matter of noncompliance or act of evasion or avoidance shall be deemed a violation of this chapter.
C.	Notwithstanding Subsection B of this section, the Town Board or the Administrator shall give the service provider or system owner or operator an opportunity either to correct, eliminate, remedy or cure any violation or act of noncompliance, evasion or avoidance or submit documentation or supporting evidence that resolves any area of noncompliance or act of evasion or avoidance to the satisfaction of the Town Board or the Administrator or explain the lack of effect of such to the satisfaction of the Town Board or the Administrator.
D.	The period of time allowed for the elimination of any violation or act of noncompliance, evasion or avoidance that can be corrected or eliminated shall be set by the Town Board or the Administrator, which period of time may not be unreasonable taking into account whether such act of noncompliance, evasion or avoidance was one of a first occurrence or is a repeat of the same or similar act, as well as the seriousness of the situation, including, but not limited to, the impact or potential impact on the health, safety and welfare of the town, its residents or both.
E.	To serve as an incentive for compliance with this chapter and the intent thereof, if any violation of this chapter that is identified pursuant to this section cannot be eliminated due to the nature of the violation, including, but not limited to, the passage of time or the inability to undo an act of omission, evasion or avoidance, unless expressly prohibited by state law the inability to eliminate or undo the violation shall not relieve or eliminate the obligation of the service provider or system owner or operator to cure any violation as such cure may be reasonably determined by the Town Board or the Administrator, including, but not limited to, a financial cure.
F.	If the service provider or system owner or operator fails to correct or resolve an area of noncompliance in a timely manner, as such is determined by the Town Board or the Administrator, which period of time may not be unreasonable taking into account whether such act of noncompliance, evasion or avoidance was one of a first occurrence or is a repeat of the same or similar act of noncompliance, evasion or avoidance, and the seriousness of the situation, including, but not limited to, the impact or potential impact on the health, safety and welfare of the town, its residents or both, or fails in a timely manner to provide an explanation that demonstrates the lack of culpability of the service provider or system owner or operator, then such failure may be treated as a material violation of this chapter and subject the service provider or system owner or operator to the appropriate sanction of the Town Board as permitted under this chapter and applicable state and federal law. Such action or sanctions may, at the discretion of the Town Board or the Administrator, include the imposition of fines and penalties as set forth in this chapter and as permitted by state law.
G.	Notwithstanding anything contained in the preceding subsections of this section, the elimination, remedy or correction of a violation shall not de facto serve to eliminate the imposition of fines and penalties under this chapter. Rather, such shall serve to protect a service provider or system owner or operator from the further and continued accrual of fines and penalties under this chapter for the same violation.

This chapter may be enforced by the Town Attorney, the Town Board and, if applicable, the Administrator. In addition to all other rights and powers vested in and possessed by the town, if required by state law, the Town Board reserves the right to seek fines and/or penalties in the lowest court of competent jurisdiction in the town.

Notwithstanding the preceding Subsection A of this section and if permitted by state law, the town reserves for itself the right to assess fines and/or penalties for any violation of this chapter or any attempt to evade or avoid compliance with the requirements of this chapter or for the failure of a service provider or system owner or operator to comply with any applicable time-related or performance-related requirements or for the violation of any federal, state or local law, rule or regulation that is not specifically preempted from local enforcement and, in the event such violation, evasion, avoidance or failure has not been remedied pursuant to procedures set forth in this chapter, to impose and assess fines or penalties as set forth in this section.

Any imposition of fines or penalties shall be preceded by written notice of the violation and shall set forth the amount of time allowed for the elimination of the violation, if any, before the imposition of fines or penalties. Violations of the same or of a similar type and of a substantive number, but occurring at different locations or affecting different persons, subscribers or users shall not require individual notification, but may be referenced by type of violation.

Absent good and just cause, including the provision of evidence of good faith efforts to comply with the requirements of this chapter, the failure by a service provider or system owner or operator to comply with any time-related or performance-related requirement of this chapter, or an act of evasion or avoidance of the requirements of this chapter, will subject the service provider or system owner or operator to the assessment and imposition of fines or penalties as set forth in this section. Once imposed, any fines or penalties shall continue to accrue, including during any appeals process, until such time as the payment of the fine and/or penalty is received by the town or is otherwise specifically waived by the Town Board.

Failure to pay fines and/or penalties within the time provided shall be a material violation of this chapter and shall be cause to proceed against either a letter of credit or bond or other surety as may have been required. Failure to pay any fines under this section shall also constitute cause to revoke any franchise or other use, occupancy or operating authority granting permission to provide service in the town.

The Town Board adopts the following schedule of fines and penalties for the violations listed. Unless prohibited by state law, the Town Board reserves the right to fine and penalize any service provider or system owner or operator found to be in violation of this chapter.

Each instance or occurrence may be deemed a separate violation, and each day or part thereof following written notification by the town and the expiration of any period of time allowed for the elimination, remedy or cure of the violation that the violation continues or is not eliminated, remedied or cured as prescribed by the Town Board may be deemed a separate violation, punishable separately. The imposition and payment of fines and penalties as set forth in this section shall not serve to extinguish or eliminate any other rights of prosecution the town may have under law, nor are they deemed to be recompense for any damages that may be suffered:

(1)

For failure to complete any system construction, reconstruction or upgrade in any section of the town or in the town as a whole, as committed to pursuant to in a proposal or franchise: an amount not to exceed $200.

(2)

For failure to obtain a street cutting permit prior to the cutting or disturbance of any street: an amount not to exceed $500.

(3)

For failure to provide any data, documents, reports or information required by this chapter or that is needed to monitor or determine compliance with and to administer this chapter: an amount not to exceed $100.

(4)

For failure to test, analyze and report on the performance of the system following a written request to do so: an amount not to exceed $200.

(5)

For refusal to cooperate with the town on any matter involving an inspection of the system and its components and facilities: an amount not to exceed $500.

(6)

For failure to comply with any requirements regarding completion, cleanup and proper installation as set forth in this chapter: an amount not to exceed $200.

(7)

For failure to meet any construction or safety related requirements of this chapter, including fire and electrical codes: an amount not to exceed $250 per violation.

(a)

For reasons of impracticability and excessive, unreasonable and unnecessary cost to the town, in the event that a substantial number of safety related violations are found during an inspection of a system within the town, such being defined as more than 10 in one continuous or contiguous mile of the system within the town, the town shall not be required to notify a service provider or system owner or operator of each and every individual safety or safety related violation. Rather, in such an instance the town may reasonably assume the findings to be prima facie evidence that the situation is town-wide and order the entire system to be inspected by the service provider or system owner or operator for either construction or safety related violations, and order that all such violations found shall be eliminated within 30 days of the date of notification by the town.

(b)

In the event of a situation described in Subsection G(7)(a) of this section, any fines imposed shall be calculated using the following formula:

	Number of Violations Found	x	Total Miles in the Town = Total Violations
	Miles of System Inspected

(c)

As these issues are of paramount concern to the town and as noncompliance with these requirements is normally deliberate, if the town is forced to notify a service provider or system owner or operator of construction or safety related violations, the mere elimination of such violations within the required period of time contained in the notice shall not relieve an offending service provider or system owner or operator from the payment of fines imposed under this section. Fines for construction and safety related violations shall accrue starting 48 hours after notification by the town of the existence of the violations, and shall continue until the service provider or system owner or operator certifies to the town in writing that all construction and safety related violations associated with its system in the town have been eliminated.

(d)

In the event a subsequent reinspection reveals that specific previously identified violations still exist, the fines may be doubled and shall accrue from the date of the first notice required pursuant to Subsection G(7)(c) until the elimination of the violation is verified.

(e)

Notwithstanding Subsection G(7)(c) of this section, no fine or penalty shall be imposed on a service provider or system owner or operator for any construction or safety related violation where it is proven that the violation was caused by the actions of a third party, provided that proof is provided of a demand by the service provider or system owner or operator to the party having caused the violation to eliminate the situation, including a diligent pursuit of the demand if necessary.

(f)

In order to verify and assure continued compliance with all applicable construction and safety related requirements, within a reasonable amount of time after the period of time set forth in the town's notice for the elimination of all construction or safety related violations as set forth in Subsection G(7)(c) of this section, but in no case sooner than 35 days after the date of the notice of violation, the town shall have the system within the town reinspected by a party experienced in such inspections and that has no affiliation of any kind with any member of the industry.

(g)

As the cost of a reinspection under Subsection G(7)(f) of this section is an extraordinary expense to the town caused by the impermissible actions of a service provider or system owner or operator, and is not deemed a normal cost of administering this chapter or a franchise, to prevent the taxpayers from having to bear the financial burden, the town may require the service provider or system owner or operator to place on deposit with the town an amount deemed to be reasonably sufficient to cover the cost of reinspecting 20% of the system within the town on a random sample basis and generating a written report on the findings of the inspection. The amount of the deposit shall not be less than $10,000, and any amount not expended shall be promptly returned to the service provider or system owner or operator.

(8)

For failure to pay the full and complete amount of any money owed the town, including any interest that may be owed: an amount not to exceed $100.

(9)

For failure or refusal to place or restore performance and completion securities as required: an amount not to exceed $100.

(10)

For failure to comply with the requirements of this chapter with respect to continuity of service, or for threatening to discontinue service, for each day or part thereof that such noncompliance continues or such threat is not removed in writing to the town following written notification by the town of the violation: an amount not to exceed $1,000.

(11)

For failure or refusal to comply with any of the provisions of § 305-87 of this chapter: $500.

(12)

For failure to comply with any other section, subsection or provision of this chapter, or a franchise: an amount not to exceed $50.

Notwithstanding anything in the preceding subsections of this section or any other section of this chapter, unless otherwise formally granted relief or a waiver by the Town Board or the Administrator, or unless a longer period of time is permitted after the initial 48 hours following notification by the town to the service provider or system owner or operator that a violation exists, each day that a violation continues shall constitute and be deemed a separate violation and may be treated as a separate offense.

A service provider or system owner or operator shall not be subject to penalties, fines, forfeitures, revocation or involuntary termination of a franchise for a technical violation of this chapter or a technical breach of a franchise. For purposes of this chapter, technical violations or breaches include the following:

(1)	Instances or matters where a violation of this chapter or, where applicable a franchise, was a good faith error that resulted in no negative impact on the residents, subscribers or users within the town or on the town itself or where such violation resulted in de minimus effect on any of the preceding persons or the town; or
(2)	Instances or circumstances that are reasonably beyond the control of a service provider or system owner or operator, including force majeure situations, and that prevent a service provider or system owner or operator from complying with this chapter or the franchise.

In the event of an an appeal arising out of the enforcement of this section, or in the event of litigation arising out of a dispute regarding the enforceability of any action taken by the town under this section, the service provider or system owner or operator shall not be excused from the prompt and timely payment of fines and/or penalties as set forth in this section during the course of such proceeding. Payment of fines and/or penalties in such an instance shall be placed in an escrow account by the town, pending the resolution and decision of the adjudicating entity.

Notwithstanding anything in this section or any other section of this chapter, a service provider or system owner or operator may not use the payment of fines and/or penalties to evade or avoid compliance with this chapter or any section of this chapter. An attempt to do so shall subject the service provider or system owner or operator to a fine not to exceed $10,000 for the first occurrence, and for a second such occurrence, termination and loss of the franchise and a fine of $100,000.

For the failure to comply with a time-related or performance-related requirement of this chapter which the town deems sufficient to warrant sanctions, the town shall provide notice and an opportunity to eliminate, remedy or cure.

Notwithstanding anything to the contrary in Subsection A of this section, or any other subsection of this section, to incent the protection of the public health and safety and the safety of public and private property, for situations involving violations of construction and safety related codes and requirements where such are deemed to create an imminent threat or danger to lives or property within the town, and for which the service provider or system owner or operator has previously been notified of the same or similar situations in the previous 36 months, the service provider or system owner or operator shall be notified, but may not be granted an opportunity to remedy or cure prior to the imposition of fines and/or penalties. Rather fines and/or penalties may be assessed and imposed after proper written notice on a per occurrence, per day basis, until the violation(s) is eliminated.

Notice and the opportunity to cure, as required, shall be provided to the service provider or system owner or operator, in writing, and shall be sent by certified United States mail, return receipt requested, or may be personally delivered to the service provider's or system owner's or operator's local place of business.

A service provider or system owner or operator may request a hearing on the matter addressed in the notice required in Subsection A of this section, or the town may call a hearing on the matter. At the discretion of the Town Board the hearing may be held before the Town Board or the Administrator.

Public notice shall be given of the hearing and of the issues that are to be considered by the town.

The Town Board or the Administrator or a designated hearing officer shall, at the date, time and place designated for the hearing, hear and consider issues from the town and the service provider or system owner or operator and make a determination regarding the alleged violation of this chapter or any franchise.

(1)

The Town Board or the Administrator or a designated hearing officer shall hear and consider the matter, including hearing any person interested in the matter wishing to be heard, and review and consider any relevant evidence. After affording the service provider or system owner or operator required rights of due process to he heard, to present relevant evidence and witnesses and to question any witnesses, the Town Board shall determine, based on a preponderance of the evidence, whether or not there was committed a breach or violation of a time or performance related requirement of this chapter or a breach of a term or condition of franchise, or a violation of any federal, state, law, rule or regulation or local law, regulation or code not expressly prohibited from local enforcement. The town shall have made a transcript of the hearing.

(2)

The service provider or system owner or operator may, at its own expense, make a transcript of any such hearing or it may share the costs of obtaining a transcript of such hearing equally with the town.

(3)

At the hearing, the town and the service provider or system owner or operator may present evidence relevant to the issues being heard and including the right to call and examine and cross-examine witnesses.

(4)

Within 30 days following the completion and close of the hearing, the Town Board or the Administrator or the hearing officer shall issue a written decision as regards whether any failure to comply with any time related or performance related requirement or act of evasion or avoidance of this chapter or breach of a term or condition of the franchise or violation of any federal or state law, rule or regulation or local law, regulation or code occurred. Such determination shall be based upon a preponderance of the evidence presented as contained in the record of the proceeding, stating with particularity the reasons for the decision.

(5)

Within 30 days after the issuance of a decision, the Town Board shall then take formal action, either dismissing the claim of violation or breach or finding that the service provider or system owner or operator did commit the alleged violation or breach and did not cure or eliminate such as required. The Town Board's formal action shall be in writing, and a copy of such shall be provided to the service provider or system owner or operator.

(6)

Should the Town Board, the Administrator or the hearing officer find that no breach, violation or failure to comply or perform occurred, or, except for situations addressed in Subsection B of this section, that the service provider or system owner or operator remedied the violation or failure prior to or by the end of the period allowed for cure, or that the service provider or system owner or operator instituted substantial and meaningful good faith actions to remedy the failure to comply or perform after having been provided written notice, and actively and expeditiously started and undertook substantial and meaningful efforts to complete the remedy as directed by the Town Board, all of which shall be determined at the sole discretion of the Town Board, the proceedings shall be terminated and no penalty shall be imposed.

(7)

The Town Board shall be required to base its decision on a preponderance of the evidence from the record established during the hearing. If the Town Board determines that a failure to comply with any time or performance related requirement of this chapter or any act of evasion or avoidance of this chapter or breach of a term or condition of the franchise, or of any federal or state law, rule or regulation or local law, regulation or code was the fault of the service provider or system owner or operator and was within its control, subsequent to the required notice and opportunity to cure and due process requirements of this chapter, the Town Board may determine whatever action it deems appropriate as may be permitted under this chapter and the franchise. The Town Board's decision shall be final, and no other remedies, administrative or otherwise, nor any procedures for such, are provided under this chapter.

(8)

Prior to the imposition of any penalty or sanction against a service provider or system owner or operator, but not including fines as previously set forth in this subsection, the town shall provide the service provider or system owner or operator notice and opportunity to cure in accordance with the following Subsection F(8)(a) and (b).

(a)

The town shall provide the service provider or system owner or operator with written notice specifying the nature of the failure, breach, violation or act of evasion or avoidance. The service provider or system owner or operator shall have a period of 48 hours following the receipt of such notice to cure or satisfy the alleged failure, breach or violation, with the exception of safety situations.

(b)

In the event the Town Board or the Administrator concludes that the service provider or system owner or operator has failed to comply with its obligations under this chapter or the franchise, and that the service provider or system owner or operator has not remedied such failure, violation, act of avoidance or evasion or breach within the period set forth in the notice set forth in the preceding Subsection F(8)(a) after having received written notice, the Town Board may pursue whatever additional penalties or sanctions are provided for under state law, including civil or criminal prosecution.

The amount of time given the service provider or system owner or operator to cure any violation of this chapter or any violation of any federal or state law, rule or regulation or other local law, regulation or code shall be at the discretion of the Town Board to the extent not otherwise governed by this chapter or state or federal law, but in no event shall a service provider or system owner or operator be given less than 48 hours, unless otherwise dictated by an emergency situation posing an imminent threat to the health and safety of individuals or the safety of public or private property. Notwithstanding the preceding or anything else in this section or anywhere in this chapter, in the event a violation of the construction or safety related requirements of this chapter endangers or has the reasonable possibility of endangering, the health or safety of individuals or the safety of property, the forty-eight-hour elimination period may be lessened and the elimination of the violation may be required the same day, depending upon the seriousness of the matter as a factor of the degree of danger involved or the imminence of injury or damage to property. Notwithstanding the preceding portion of this subsection, any lessening of the forty-eight-hour period shall be solely for purposes of eliminating the danger or threat and shall not enable the town to impose fines during such shorter period.

The town may, in its reasonable discretion, grant extensions of time to a service provider or system owner or operator to eliminate, cure or remedy, where extraordinary circumstances not precipitated by the service provider or system owner or operator warrant an extension.

Notwithstanding any notice and opportunity to cure requirements of the applicable federal or state law, the issuance of two or more notices to cure or eliminate or remedy a violation for the same or similar provisions or requirement of this chapter, or two or more breaches of a term or condition of a franchise that constitute a violation of this chapter or an act of evasion or avoidance of the requirements of this chapter, or two or more violations of any federal or state law, rule or regulation or other local law, regulation or code, within any twelve-consecutive-month period, may be deemed a pattern of behavior that demonstrates an intent to continue violating this chapter and thereby relieve the town of any obligation to provide further notice and opportunity to cure for subsequent failures to meet the requirements of this chapter, or for breaches of terms or conditions of a franchise or violations of federal or state law, rule or regulation or other local law, regulation or code. Evidence of subsequent failures as set forth in this subsection shall be admissible as evidence in a hearing before the Town Board or the Administrator, or a designated hearing officer, regarding the assessment of fines and/or penalties, provided that the town has provided such evidence to the service provider or system owner or operator at least 10 days prior to the hearing and the service provider or system owner or operator has an opportunity to be heard at the hearing and to present evidence in contravention of the charge(s) or in defense of its actions.

A notice of intent to assess fines and/or penalties may be issued concurrently with a notice to cure. If a notice of intent to assess fines and/or penalties is issued concurrently with a notice to cure, then fines and penalties, if assessed, will accrue commencing with the expiration of the time allowed for an opportunity to cure as set forth in the notice. The notice of intent to assess fines and/or penalties shall state the reason for the assessment and imposition and shall inform the service provider or system owner or operator that fines and/or penalties will be assessed from the date of the notice, or the end of the time allowed for an opportunity to cure, whichever is later.

If the service provider or system owner or operator desires to appeal the town's imposition of fines and/or penalties, it must file a written notice of appeal with the Supervisor or the Administrator, delivered by certified United States mail, return receipt requested, within 10 days of the receipt of the notice of intent to assess fines and penalties. The Supervisor or Administrator shall then place the issue before the Town Board.

The town shall then have served upon the affected service provider or system owner or operator, by certified United States mail, return receipt requested, a written notice of the date, time and place of the meeting, at least 15 days prior to the date of the meeting of the Town Board at which the matter will be heard.

Public notice shall be given of the meeting and of the issue that is to be considered by the Town Board. If the franchisee or other service provider or system owner or operator fails to appeal the town's assessment or imposition of fines and/or penalties within the time required by this section, the town's decision to assess fines and/or penalties shall be final.

The Town Board shall, at the date, time and place designated for the hearing, hear and consider issues from the town and the service provider or system owner or operator and make a determination regarding the alleged violation of this chapter or any franchise.

(1)	The Town Board shall hear both parties and consider the matter, including any relevant evidence presented.
(2)	After affording the service provider or system owner or operator and the town the right to be heard and present evidence, the Town Board shall determine whether or not there was committed a violation of this chapter or a breach of a material term or condition of the franchise or a violation of any federal, state or other local law, rule, regulation or code.
(3)	The town shall have made a transcript of the hearing. A service provider or system owner or operator may, at its own expense, make a transcript of the hearing or may obtain a copy of the town's transcript if it shares the costs equally with the town.
(4)	Within 30 days following the completion and close of the hearing, the Town Board shall issue a written decision as regards the commission of a violation of this chapter, or breach of a material term or condition of the franchise, or a violation of any federal, state or local law, rule, regulation or code, and such determination shall be based upon the record of the proceeding, stating with particularity the reasons for such decision. A copy of the Town Board's written decision shall be provided to the service provider or system owner or operator.
(5)	Should the Town Board find that no breach, violation or failure to comply or perform occurred, or, except for situations addressed in Subsection B of this section, that the service provider or system owner or operator remedied the failure prior to the end of the period allowed for cure, or that the service provider or system owner or operator instituted substantial good faith actions to remedy the failure to comply or perform after having been provided written notice, and actively and expeditiously started and undertook substantial efforts to complete such remedy, or that fines and/or penalties are not warranted or applicable in the instant situation, all of which shall he determined at the sole discretion of the Town Board, the proceedings shall be terminated and no penalty shall be imposed.
(6)	The Town Board shall be required to base its decision on a preponderance of the evidence from the record established during the Town Board's hearing. If the Town Board determines that any violation of this chapter, or breach of a term or condition of the franchise or of any federal, state or local law, rule, regulation or code, was the fault of the service provider or system owner or operator, and was within its control, subsequent to the required notice and opportunity to cure and due process requirements of this chapter, the Town Board may affirm the assessment and imposition of fines, penalties or sanctions as permitted under this chapter or state law. The Town Board's decision to affirm the town's assessment of fines, penalties or other sanctions shall be final, and no other remedies, administrative or otherwise, nor any procedures for such, are provided under this chapter.

A.	The town is hereby granted the authority to implement procedures for the filing and resolution of complaints.
B.	The responsibility to adjust, settle or compromise any controversy arising from the operations of any service provider or system owner or operator, either on behalf of the town or any subscriber or user, in accordance with the best interests of the public and the town; provided, however, that any person aggrieved by a decision of the Town Board may appeal the matter for a hearing and determination in accordance with this chapter.
C.	The Town Board reserves the right, at all times, on behalf of the town or a subscriber or user, to accept, reject or change any decision of the Town Board and may adjust, settle or impose a compromise regarding any controversy arising from the operation by the service provider or system owner or operator that is subject to this chapter, in whole or in part, or from any provision of this chapter.

This chapter shall be construed in accordance with applicable federal and state laws and rules governing wireline telecommunications systems and broadband services, including, but not limited to, those known as cable systems and cable operators who provide cable service and open video systems. With respect to the operation of cable systems, the provision of cable service and open video systems, this chapter shall be construed in accordance with any applicable rules and regulations of the Federal Communications Commission and the Public Service Commission or any successor agency or authority.

This chapter shall apply within the geographical limits of the town, including any areas subsequently annexed by the town, unless state law prescribes otherwise, or unless state law in some fashion restricts or alters the effect of this chapter to a subsequently

[HISTORY: Adopted by the Town Board of the Town of Woodbury 7-12-1990 by L.L. No. 7-1990. Amendments noted where applicable.]

GENERAL REFERENCES
Architectural Review Board — See Ch. 8.
Planning Board — See Ch. 57.
Building construction — See Ch. 96.
Numbering of buildings — See Ch. 99.
Bungalows — See Ch. 103.
Environmental quality review — See Ch. 135.
Fair housing — See Ch. 139.
Fees — See Ch. 143.
Flood damage prevention — See Ch. 159.
Flood hazard areas — See Ch. 161.
Freshwater wetlands — See Ch. 165.
Homes and home buyers — See Ch. 181.
Open space administration — See Ch. 215.
Signs — See Ch. 256.
Streets and sidewalks — See Ch. 269.
Subdivision of land — See Ch. 272.
Zoning Board of Appeals rules — See Ch. A316.

There is hereby established a new Comprehensive Zoning Plan for the Town of Woodbury, New York, applicable to all of the area within the geographical bounds of the Town of Woodbury, except that part of the Village of Harriman included therein, which plan is set forth in the text and maps that constitute this chapter. Said plan is adopted for the purposes set forth in §§ 261 and 263 of the Town Law of New York State, which, in the interest of the protection and promotion of the public health, safety and welfare, shall be deemed to specifically include the following, among others:

A.	The facilitation of the efficient and adequate provision of public facilities and services.
B.	The maximum protection of residential areas and the provision of privacy for families.
C.	The prevention and reduction of traffic congestion and the provision of safe and adequate traffic access to uses generating large volumes of vehicles.
D.	The gradual elimination of nonconforming uses.
E.	The protection of business areas by reduction of overcongestion caused by automobile traffic and insufficient parking.
F.	The preservation of historic and natural features and the accommodation of new development in such a way as to maintain and enhance the desirable aesthetic qualities of the Town.
G.	To make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor.
H.	The protection of water resources available to residents of the Town, principally aquifers and their recharge areas.
I.	The assurance of adequate sites for residence, industry and commerce.
J.	The enhancement of the appearance of the Town of Woodbury as a whole, including its open and exurban environment.
K.	The encouragement of flexibility in the design and development of land in such a way as to produce the most appropriate use of lands, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands.

Word usage.

(1)	Words used in the present tense include the future tense. The singular includes the plural.
(2)	The word "lot" includes the word "plot" or "parcel."
(3)	The word "shall" is always mandatory.
(4)	The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."
(5)	The word "he" also refers to "she."

Definitions. For the purposes of this chapter, certain terms or words used herein shall be interpreted or defined as follows. Any word or term not noted below shall be used with a meaning as defined in the latest edition of Webster's Third New International Dictionary of the English Language.

ACCESSORY BUILDING — A subordinate or supplemental building, the use of which is customarily incidental to that of the principal building.

ACCESSORY USE — A subordinate or supplemental use customarily incidental to the principal use and located on the same lot with such principal use.

ACRE — A land area of 43,560 square feet.

ADULT BOOKSTORE — An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, films for sale or viewing on the premises by use of motion-picture devices or any other coin-operated means and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material. [Added 10-15-1998 by L.L. No. 11-1998]

ADULT ENTERTAINMENT CABARET — A public or private establishment which is licensed to serve food and/or alcoholic beverages and which features topless dancers, strippers, male or female impersonators or similar entertainers. [Added 10-15-1998 by L.L. No. 11-1998]

ADULT MINI MOTION-PICTURE THEATER — An enclosed building with a capacity of fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. [Added 10-15-1998 by L.L. No. 11-1998]

ADULT MOTION-PICTURE THEATER — An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. [Added 10-15-1998 by L.L. No. 11-1998]

AGRICULTURE — The science and practice of the cultivation of the soil for food products or other useful or valuable growths.

ALTERATION — As applied to a building or structure, a rearrangement in the structural parts or in the ingress or egress facilities or an enlargement requiring a building permit, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

ANIMAL CLINIC — A place where animals or pets are given medical or surgical treatment but where there are no facilities for housing animals.

ANIMAL HOSPITAL — The same as a clinic but with housing for animals.

AREA, BUILDING — The total of areas taken on a horizontal plane measured from the outside wall at the main grade level or levels of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.

AUTOMOBILE SERVICE STATION OR GASOLINE STATION — A building or place of business where gasoline, fuel, oil and grease and/or batteries, tires and minor automobile accessories are supplied and dispensed directly to the motor vehicle trade and where minor repair service is rendered or where only gasoline, fuel or oil is sold to the motor vehicle trade.

AWNING — A roof-like covering of metal, canvas duck or similar material attached to a metal frame and attached or supported entirely from a building.

BED-AND-BREAKFAST — An owner-occupied residential building, other than a hotel or motel or boardinghouse, where lodging and breakfast is provided.

BOARDINGHOUSE — A dwelling in which guest units are available for not more than four persons, either individually or as families, for specific periods of time, with or without meals. A rooming house or furnished room house housing or lodging the same number of persons shall be deemed a boardinghouse.

BUILDING — Any structure having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals, property or other materials, including any combination of materials forming any construction. The term "building" shall include the term "structure," as well as the following:

(1)	Signs.
(2)	Walls, other than retaining walls projecting above the ground not more than three feet at the higher ground level and not more than 61/2 feet at the lower ground level.
(3)	Radio, television and microwave antennas, except for such antennas installed on the roof of a building and extending not more than 15 feet above the highest level of the roof of such building.
(4)	Pergolas, porches, outdoor bins and other similar structures.
(5)	Fixed awnings.
(6)	Swimming pools.
(7)	Transmission towers.

BUILDING ADMINISTRATOR — That person appointed by the Town Board to administer the Building Department.

BUILDING HEIGHT — The height, in feet, of a building shall be determined from a datum established by the average elevation of paved open spaces which are suitable for the approach of fire department equipment and curb levels, where established, both of which are within 50 feet of the exterior walls of the building. Such height shall be measured from such datum to the highest level of a flat or mansard roof or to the average height of a pitched, gabled, hip or gambrel roof, excluding bulkheads and other roof construction. [Amended 5-4-1995 by L.L. No. 7-1995]

BUILDING LINE — A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building or an overhang, the vertical plane will coincide with the most projected surface.

CAMP, SUMMER — One or more temporary or permanent tents, buildings or structures, together with the lot or tract of land appertaining thereto, established or maintained as living quarters for temporary occupancy and not arranged or intended for such occupancy except during the period, or part of the period, from June 15 to October 15 in any year.

CENTRAL SEWER AND CENTRAL WATER — Communal sewage disposal systems and communal water supply systems approved by the Town Board and any other public agencies having jurisdiction thereof.

CERTIFICATE OF OCCUPANCY — A document issued by the Town Building Department Administrator allowing the occupancy or use of a building and certifying that the structure or use has been constructed and can be used in compliance with all applicable state codes and Town ordinances.

CLINIC, OUTPATIENT — The same as a hospital, except that there shall be no overnight accommodations.

CLUBHOUSE — A building used by a business or membership organization for social or recreational purposes.

COMMERCIAL CENTER — A structure or tract of land providing more than one permitted or special permit retail or service use designed, maintained and operated as a unit, in single ownership or control, and sharing certain facilities in common, such as driveways, parking areas, drainage, utilities and screening.

COMMERCIAL RECREATION, INDOOR — A recreation use conducted entirely within the building where tickets are sold or fees collected for the activity. [Added 12-7-2000 by L.L. No. 14-2000 Editor's Note: This local law also repealed the definition of "commercial recreation facility." ]

COMMON AREAS — One or more parcels of land and/or water within a development designed and intended for the use or enjoyment of the residents or employees therein. Such common areas may contain forever-green open space to be left in its natural state, as defined in Chapter 215 of the Code of the Town of Woodbury, and recreation areas with such complementary structures and improvements for active or passive recreational pursuits as are necessary and appropriate for the benefit and enjoyment of the residents or employees of the development, subject to all applicable Town and state regulations, including Chapter 215 of the Code of the Town of Woodbury regarding open space administration.

CONVALESCENT HOME — A building facility utilized for the purpose of aiding or assisting the recovery of health and/or rehabilitation following sickness.

COVERAGE — That percentage of the plot or lot area covered by the building area and all impervious surfaces. Parking areas, regardless of how surfaced, shall be considered impervious.

CUSTOM WORKSHOP — A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order and measure, and not including the manufacture of machinery, vehicles, appliances and similar heavy goods and ready-to-wear or standardized products.

DOMESTIC ANIMALS — Various species of animals such as cats, dogs, hamsters and the like which are normally and conventionally boarded in residential dwellings or adjacent thereto.

DWELLING — A building or that part of a building designed or used as the living quarters for one or more families.

DWELLING, ONE-FAMILY DETACHED — A dwelling containing only one dwelling unit, not attached to any other dwelling, on its own lot of record.

DWELLING, TWO-FAMILY — A detached dwelling containing two separate dwelling units, on its own lot of record.

DWELLING UNIT — A building or entirely self-contained portion thereof containing complete housekeeping facilities, including cooking and plumbing equipment, for one family. A boardinghouse, hotel, dormitory or convalescent home shall not be deemed to constitute a dwelling unit.

EASEMENT — A grant of the use of land by the public or by a corporation or persons for specific purposes.

FAMILY — Any number of persons related by blood, marriage or adoption, or any number of persons who are not so related, living together as a single nonprofit housekeeping unit, using all rooms and housekeeping facilities in common and having such meals as they may eat at home generally prepared and eaten together.

FARM WINERY — A facility which possesses a New York State farm winery license and where grapes are grown and/or converted to wine for sale to the public or to other businesses, which may also include a wine tasting room where New-York-State-labeled wines and wine products grown or processed on the property may be tasted and sold. [Added 10-5-2000 by L.L. No. 13-2000]

FIRE MARSHAL — The Town of Woodbury Fire Marshal appointed by the Town Board.

FLOOR AREA, GROSS — The sum of the areas of all floors of a building as measured from the exterior walls.

FRONTAGE — The length of the property line separating a lot from the street right-of-way line, measured along the street right-of-way line.

GARAGE, PRIVATE — An enclosed space for the storage of not more than four motor vehicles, provided that no business, occupation or car service is conducted for profit therein nor space for more than one car is leased to a nonresident of the premises.

GARAGE, PUBLIC — A building, other than a private garage, used for storage, housing or care of gasoline- or other power-driven vehicles or where such vehicles are equipped for operation or kept for remuneration, hire or sale.

GARAGE, REPAIR — Any garage, other than a private garage, available to the public, operated for gain and which is used for storage, body or engine repair, rental, lubricating, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

GROUP-CARE FACILITY — A noninstitutional home set up in theory, size, appearance and structure to bear the general character of a family unit in a relatively permanent household headed by at least one supervisory individual, to be occupied by between six and 12 persons, which is operated or sponsored by a public social service or private nonprofit agency, subject to approval by the New York State Department of Social Services.

GUEST UNIT — A bedroom sleeping accommodation for transient guests, which may or may not include bathroom facilities and shall be occupied by no more than two adult persons and be at least 80 square feet in area.

HAZARDOUS MATERIAL — Material that is flammable, combustible, explosive, radioactive, reactive, corrosive or toxic to humans, as defined and quantified in the United States Environmental Protection Agency regulations under 40 CFR 116.

HIGHWAY — Any state highway, county road or Town highway or street and, unless the context indicates otherwise, any street laid out on a filed subdivision map which connects with a state highway, county road or Town highway or street. Generally, "highway" and "street," as used herein, mean the same thing. The boundary of the road shall be presumed to be not less than 25 feet from the center line of the traveled way or 30 feet in the case of a collector road or arterial.

HOME OCCUPATION — Any gainful occupation customarily conducted within a dwelling, or in a structure that is occupied by a use accessory to the dwelling, by the residents thereof, clearly secondary to the use of the dwelling for living purposes, and which does not change the character of the structure as a residence. Said activity shall not have more than one nonresident employee and shall not occupy more than 1/2 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling, if so used. Permissible home occupations include but are not limited to the following; an art studio; dressmaking; offices of a clergyman, lawyer, physician, dentist, architect, engineer, real estate agent or accountant; and teaching of music, dancing or other instruction, limited to one pupil at a time. However, home occupations shall not be construed to include uses such as the following: a clinic or hospital; an animal hospital or kennel; a restaurant; or a barber- or beauty shop.

HORTICULTURE — The art of growing fruits, vegetables or ornamental plants.

HOSPITAL — A building used for the diagnosis, treatment or other care of human ailments, unless otherwise specified, with overnight patient and/or staff housing. A hospital shall be deemed to include a sanitarium, clinic, convalescent home, nursing home, rest home or other building with an equivalent appellation.

HOTEL OR MOTEL — A building or group of buildings, whether detached or in connected units, containing individual guest units, consisting of a room arranged or designed to be available for use as sleeping quarters for transients on a daily rental basis or for vacationers or other persons on a weekly rental basis, provided that one such unit may connect directly with not more than one other such unit. Each unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A hotel or motel may include such accessory uses as a dining room, restaurant, swimming pool, tennis court(s), conference and meeting facilities or an accessory convenience shop, office or personal service facility, provided that such facility or shop is located within the building without any external sign or display, and off-street parking facilities.

INDUSTRIAL OR OFFICE PARK — A tract of land providing for more than one industrial use as defined under "Industrial, light" and/or business, research and professional office use, designed, maintained and operated as a unit in single ownership or control and sharing certain facilities in common, such as driveways, parking areas, drainage, utilities and screening. [Added 12-7-2000 by L.L. No. 14-2000 Editor's Note: This local law also repealed the definition of "industrial park." ]

INDUSTRY, LIGHT — Enterprise engaged in the manufacture, predominantly from previously prepared materials or finish products or parts including processing, fabrication, assembly, treatment, packaging, incidental indoor storage, sales and distribution of such products, but excluding chemical processing. Finished products shall not exceed 40 cubic feet or weigh more than 2,000 pounds per unit. Light industry is capable of operation in such a manner as to minimize external effects such as smoke, noise, soot, dirt, vibration, odor, etc. which impacts shall meet or exceed the highest applicable standards established by federal or state agencies. [Amended 12-7-2000 by L.L. No. 14-2000]

JUNKYARD — Any area of land, including buildings thereon, which is used for the collecting, storage and/or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage or salvaging of machinery or vehicles and/or for the sale of parts thereof. [Amended 9-22-1994 by L.L. No. 6-1994]

LIVESTOCK — Domestic animals kept for use on a farm or raised for sale and profit.

LOT — A parcel of land, coincident with a lot or lots shown on a map of record (filed in the County Clerk's office), which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings.

LOT AREA

(1)

For lots existing in separate ownership as of October 1, 1987, and lots created for nonresidential use after October 1, 1987, the total horizontal area between lot lines, exclusive of any portion within a public or private street right-of-way.

(2)

For purposes of residential subdivisions created after October 1, 1987, the total horizontal area between lot lines, but excluding Town- or state-designated wetlands, any land subject to flooding or ponding based on the twenty-five-year design storm inundation, public or utility rights-of-way, public utilities or lands otherwise unsuitable for development as determined by the Planning Board based upon existence of natural or man-made features not to be disturbed. In addition, not more than 20% of the minimum lot area for the particular district may have slopes in excess of one foot vertical rise in five feet horizontal run. The computation of minimum lot area for establishing the number of development lots shall be based on original predevelopment land conditions. Additionally, the final subdivision layout shall produce lots fully complying with this criterion in their proposed developed configuration. [Amended 6-28-2004 by L.L. No. 5-2004]

LOT, CORNER — A lot at the junction of and abutting on two or more intersecting streets where the interior angle of the intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°. For purposes of defining yards, a corner lot shall have two front yards and one rear yard opposite the front entrance and one side yard.

LOT, FLAG — A lot located in such a position that it is to the rear of some other lot fronting on the same street and which rear lot is served by means of a private accessway, which is part of the lot.

LOT LINE, FRONT — The property line of a lot coinciding with the street line of the street upon which the lot fronts.

LOT LINE, REAR — The property line of a lot opposite and generally parallel to the front lot line.

LOT LINE, SIDE — Any lot line other than a front or rear lot line.

LOT, THROUGH — A lot which fronts upon two streets which do not intersect at the boundaries of the lot.

LOT WIDTH — The minimum distance between the side lines of a lot, measured at the required front yard setback line.

MASTER PLAN — A plan for the development of the Town prepared and adopted by the Planning Board pursuant to § 272-a of the Town Law, which plan indicates the Town's goals, development principles and general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the Town, and includes any amendment to such plan or part thereof.

MEMBERSHIP CLUB — A land and/or building containing uses such as but not limited to recreational facilities, clubhouses and usual accessory uses, open only to members and their guests for a membership fee. [Added 5-21-1992 by L.L. No. 7-1992]

MINI SELF-STORAGE FACILITY — A facility comprised of buildings or structures in existence on July 1, 1999, used or designed to be used as a warehouse, as defined herein, converted into separate, individually accessible, leasable or rentable storage spaces of varying sizes, generally limited to a maximum of 600 square feet per unit, where access to all units is from the interior. [Added 9-23-1999 by L.L. No. 8-1999]

MOBILE HOME — A vehicle or structure with a body width exceeding eight feet or a body length exceeding 32 feet, which may be towed on its own running gear and which may be temporarily or permanently affixed to real estate, used for nontransient residential purposes and which conforms to American Standards Association Code Provision A-119, as amended, American Standard for Installation in Mobile Homes of Electrical, Heating and Plumbing Systems or Manufacturers' Association Mobile Home Standards for Plumbing, Heating and Electrical Systems.

MOBILE HOME COURT OR PARK — A parcel of land under single ownership or control occupied by two or more mobile homes used for residential purposes, including appurtenant facilities.

MOTEL — See "hotel or motel."

NONCONFORMING BUILDING — A structure lawfully existing at the effective date of this chapter, or any amendment thereto affecting such structure, which does not conform to the building regulations of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.

NONCONFORMING LOT — A lot, the area or dimension of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING USE — Any use of a building or structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter, or any amendments thereto affecting such use, which does not conform to the regulations of this chapter for the district in which it is located.

NURSERY SCHOOL — Any private school, accredited by the Education Department of the State of New York, designed to provide daytime care or instruction for not more than 75 children from two to six years of age inclusive, operated five days per week and not less than seven months per year. Editor's Note: The definition of "Office park," which immediately followed this definition, was deleted 12-7-2000 by L.L. No. 14-2000.

OPEN SPACE (FOREVER GREEN) — Any land required to be left undeveloped in its natural state as a precondition of approval of a proposed subdivision, cluster or planned unit development.

OUTDOOR STORAGE — The storage of building supplies, raw materials, finished products, machinery and equipment not within a building and screened by an opaque sight barrier not greater than eight feet in height. In no case shall materials be stored so as to exceed the height of the sight barrier.

PARKING AREA OR SPACE, OFF-STREET — An off-street space available for the parking of one motor vehicle with an area not less than nine feet by 18 feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or alley.

PARKING LOT — An off-street, ground-level area with a dustless surface and improved proper markings, drainage, etc., for the temporary storage of motor vehicles.

PATIENT OR OTHER ACCOMMODATION UNIT — Bed space designed for occupancy or used by one occupant of a hospital, sanitarium or nursing home, including such space occupied by each owner and each member of his family and each employee and member of the staff.

PERFORMANCE GUARANTY — Any security, in accordance with the requirements of this chapter, which may be accepted by the Town Board as a guaranty that on-site and public improvements required as part of an application for development are satisfactorily completed.

PERSON — Any association, partnership, corporation, cooperative group, trust or other entity, as well as an individual.

PLANNING BOARD — The Planning Board of the Town of Woodbury.

PLAT — A map, plan or layout of an area of land or subdivision indicating the location and boundaries of the lots, plots, blocks or sites, with or without streets.

PRINCIPAL BUILDING — A building or buildings occupied by the principal use on a site.

PRINCIPAL USE — The primary use of a building, structure or site; generally that use requiring the largest lot size, setback or buffer within the zoning district in which it is located.

PUBLIC SEWER AND PUBLIC WATER — Communal sewage disposal systems and communal water supply systems owned and operated by a public agency.

PUBLIC UTILITY — A use necessary for the safe and efficient operation of a gas, water, communication, electric or sewage disposal system for the benefit of the public.

QUARRY OR QUARRYING OPERATIONS — Any place where stone, sand, gravel, minerals or other natural material, except topsoil, is removed prior to processing for the purpose of sale or any other commercial purpose other than such as may be incidental to excavating or regrading in connection with or in anticipation of building development or landscaping on the site.

RECREATIONAL VEHICLE — A vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use, including but not limited to travel trailer, trucks, campers, camping trailers and self-propelled motor homes.

RESTAURANT — Any premises where food is commercially sold for on-premises consumption to patrons seated at tables or counters where table service and printed menus are provided. Any facility without table service and printed menus and/or making use of carhop or parking lot service to cars or where the food is to be eaten outside of the structure, off the premises, shall not be considered a restaurant for the purpose of this chapter and shall be deemed to be a drive-in or fast-food restaurant.

RESTAURANT, DRIVE-IN OR FAST-FOOD — Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state, usually served in paper, plastic or other disposable containers, for consumption within the restaurant building, elsewhere on the premises, or for carry-out, for consumption off the premises.

RIDGE PRESERVATION VIEW CORRIDOR — Those state and county roadways designated on the Zoning Map Editor's Note: The Zoning Map is included in a pocket at the end of this volume. from which development along ridges and hillsides is visible.

RIDING ACADEMY — Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of a ranch or similar establishment.

SATELLITE EARTH STATION — A combination of: [Amended 9-22-1994 by L.L. No. 7-1994]

(1)	An antenna or dish antenna whose purpose is to send or receive communication or other signals from orbiting satellites and other extraterrestrial sources.
(2)	A low-noise amplifier (LNA) which is situated at the focal point of the receiving and sending component and whose purpose is to magnify and transfer signals.
(3)	A coaxial cable whose purpose is to send or carry the signals into the interior of the building.

SATELLITE EARTH STATION HEIGHT — The height of the antenna or dish measured vertically from the bottom of the base which supports the antenna to the highest point of the antenna or dish when positioned for operation.

SCHOOL, PRIVATE — An institution, not owned by a public agency, which offers to its students formal education and is chartered by the Board of Regents of the University of the State of New York.

SCHOOL, PUBLIC — An institution under the jurisdiction of a school district or other public agency and legally constituted by the State of New York to offer free formal education to residents of the district.

SHOPPING CENTER — A group of stores, shops and similar establishments occupying a single or adjoining structures, all of which may be deemed one building if designed as an architectural unit and if it has adequate space in the rear for loading and unloading commodities and provides ample space for off-street parking for patrons.

SIGN — Any message attached to any structure or part thereof or represented thereon, which shall display or include any letter, word, model, symbol, banner, pennant, insignia, device or representation used as or which is in the nature of an announcement direction or advertisement. The term "sign" includes the words "billboards," "freestanding sign" and "interior sign," as well as a flag, pennant or insignia of any nation, state, city or other political unit or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.

SITE PLAN — A development plan for one or more lots on which is shown:

(1)	The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
(2)	The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.
(3)	Any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board, incident to issuance of a building permit.

SPECIAL PERMIT — An authorization for a specified use of property that is deemed appropriate to a given district if certain conditions are satisfied, including compatibility with adjacent uses, but which may be incompatible within the district if conditions are not satisfied. Said use is permitted only if conditions are satisfied.

STREET — See "highway."

STREET LINE — The right-of-way line of a street.

STRUCTURE — See "building."

SWIMMING POOL — Any nonportable pool installed above or below ground, containing an artificial body of water at least six inches deep, to be used for swimming or bathing. As used herein, the word "pool" shall be synonymous with the words "swimming pool."

TOWN BOARD — The Town Board of the Town of Woodbury.

TRAILER, CAMPING — A vehicle designed for temporary living purposes which does not exceed 32 feet in length and is not provided with water and sewer connections suitable for year-round use; includes "recreation vehicle."

USABLE OPEN SPACE — An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of nonrecreational structures of any kind, which is accessible to all occupants of the building or buildings on said lot for purposes of active or passive outdoor recreation and which generally does not contain slopes or grades in excess of 30%.

USE — The specific purpose for which land or a building is arranged, designed or intended or for which either land or a building is or may be occupied or maintained.

WAREHOUSE — A building used primarily for storage of raw materials or finished products for distribution or long-term storage. [Added 9-23-1999 by L.L. No. 8-1999]

YARD, FRONT — A ground area between the street line (right-of-way) and a line drawn parallel or generally parallel thereto at the building line, unoccupied by any building or structure other than exceptions as provided herein such as fences or retaining walls. See also "yard, required."

YARD, REAR — A ground area between the rear lot line and a line drawn parallel or generally parallel thereto at the building line, unoccupied by any part of a building or structure other than exceptions as provided herein such as fences, retaining walls or accessory buildings. See also "yard, required."

YARD, REQUIRED — That portion of a yard which is required by this chapter to be left open and unoccupied by any part of a building or structure other than by exceptions as provided herein such as fences, retaining walls or accessory buildings.

YARD, SIDE — A ground area between a front yard and rear yard and between a property line and a line drawn parallel thereto at the side building line, unoccupied by any part of a building or structure other than exceptions provided herein such as fences, retaining walls or accessory buildings. See also "yard, required."

ZONING BOARD OF APPEALS — The Board of Appeals of the Town of Woodbury.

ZONING DISTRICT — A finite area of land, as designated by its boundaries on the Zoning Map, Editor's Note: The Zoning Map is included in a pocket at the end of this volume. throughout which specific and uniform regulations govern the use of land and/or the location, size and use of buildings.

ZONING ENFORCEMENT OFFICER — The Building Department Administrator or that person designated by the Town Board to enforce the zoning regulations.

The Town of Woodbury is hereby divided into the following zoning districts:

	Title	Symbol
	Residential, Three-Acre Minimum	R-3A
	Residential, Two-Acre Minimum	R-2A
	Residential, One-Acre or Three-Fourths-Acre Minimum if Public Water and Sewer Service	R-1A
	Residential, One-Fourth-Acre	R-0.25A
	Corridor Residential	CR
	Limited Commercial	LC
	Hamlet Business	HB
	Industrial Business	IB
	Light Industrial/Office Park	LIO
	Office Park	OP

Each such district may be designated on the Zoning Map referred to in § 310-4 in the district lot and bulk regulations in Article IV, in the off-street parking requirements in Article VI and elsewhere in this chapter of the Code by its symbol only.

The areas and boundaries of such districts are hereby established as shown on a map entitled "Zoning Map, Town of Woodbury." Said map, with all explanatory matter thereon, accompanies and is hereby made a part of this chapter, to be so certified by the Town Clerk. A copy of said map indicating the latest amendments shall be kept up-to-date in the offices of the Town Clerk and Building Administrator for the use and benefit of the public. Editor's Note: The Zoning Map is included in a pocket at the end of this volume.

A.	Where a district boundary is shown as following approximately the center line of a street or highway, a street line, a highway right-of-way line or a projection of any one of the same, the boundary is such center line, street line, highway right-of-way line or projection.
B.	Where a district boundary is shown following a railroad line, such boundary shall be deemed to be located midway between the main tracks of said railroad line.
C.	Where a district boundary is shown as separated from but approximately parallel to a street, highway or railroad, such district boundary shall be deemed to be parallel to the center line of such street or highway or to a line located midway between the main tracks of said railroad and at such distance therefrom as shown on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on the Zoning Map.
D.	Where practical, zoning lines will follow property lines. In cases where a district boundary divides a lot in one ownership and no specific dimensions are provided to locate the line, the Zoning Board of Appeals shall interpret the precise location of the line.
E.	Where a street, highway, railroad or other physical monument or marker on the ground by which a boundary is determined varies from that shown on the Zoning Map, the on-the-ground physical monument or marker shall control.

Except as otherwise expressly provided in this chapter:

No building or land shall be used or occupied and no building shall be erected, moved or altered except as permitted by the regulations herein specified for the district in which it is located.

No building shall be erected or altered to exceed the height, to accommodate or house a greater number of persons or families, to occupy a greater percentage of lot area or to have a lesser floor area or to have narrower or smaller front yards, rear yards or side yards or open spaces than are specified herein for the district in which such building is located.

No lot shall be so reduced in size that its area or any of its dimensions, yards or open spaces shall be smaller than prescribed by this chapter; and in the event that any such reduction occurs, any building on such lot shall not be used until the same is altered, reconstructed or relocated to conform to this chapter.

The general restrictions as to building height limit, required lot area, percentage of lot coverage and required yards and open spaces specified for each type of district shall be the minimum restriction for any use permitted in such district, except as qualified by particular restrictions specified for a particular use, supplemental regulations in Article V of this chapter or other provisions of this chapter.

Any use not expressly permitted by this chapter shall be deemed to be prohibited.

Except as otherwise permitted (commercial center, industrial park, etc.), where more than one principal use occupies a lot, said lot shall be large enough to satisfy the minimum lot area or density requirements of each use.

Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with the Zoning Ordinance in force prior to this chapter if the following is found to exist:

(1)	A building permit shall have been duly issued and construction shall have been started before the effective date of this chapter.
(2)	The ground-story framework, including the second-floor ties and beams, shall have been completed within six months of the date of the permit.
(3)	The entire building shall have been completed in accordance with such plans as have been filed with the Building Administrator within one year of the effective date of this chapter.

No grading, clearing or moving/removing soil shall occur on any lot or site requiring Planning Board approval without authorization from the Planning Board in accordance with an approved plan.

ARTICLE IV District Use, Lot and Bulk Regulations Editor's Note: See also Article V, Supplementary Regulations, and Article VI, Off-Street Parking and Loading.

[Amended 8-18-2003 by L.L. No. 5-2003]

The accompanying tables, entitled "Schedule of Zoning District Regulations," Editor's Note: Said schedule is included at the end of this chapter. set forth the permitted, accessory and special permitted uses and minimum or maximum development standards required for each zoning district.

No permit for the erection of any building and no certificate of occupancy shall be issued unless the street or highway giving access to such site upon which said proposed structure is located is an existing state, county or Town highway or a street shown on a plat approved by the Planning Board as in effect at the time such plat was approved or a street on a plat duly filed and recorded in the office of the County Clerk prior to the adoption of this chapter. Before such permit or certificate of occupancy shall be issued, such street or highway shall have been suitably improved to the satisfaction of the Highway Superintendent, Town Engineer and Town Board as adequate in respect to the public health, safety and general welfare for the special circumstances of the particular street or highway.

Editor's Note: For specific requirements regarding subdivision of land, see Ch. 272, Subdivision of Land.

The failure to comply with § 334 of the Real Property Law, Article 9-A of the Real Property Law or §§ 1115, 1116, 1117 and 1118 of the Public Health Law as to the subdivision of land into lots and requiring a survey and mapping of such lots and the filing of such map shall constitute a violation of this chapter.

No dwelling shall provide less than 800 square feet of floor area.

A one-family dwelling shall occupy not less than the following area of the lot:

(1)	One story: 1,000 square feet, excluding an attached accessory building, if any.
(2)	More than one story: 800 square feet, excluding an attached accessory building, if any.

A.	No accessory building or structure shall be erected prior to any principal building, except for the purpose of storage of materials for use in constructing the principal building.
B.	No accessory building shall be used for residential purposes.
C.	An accessory building or use may be permitted only in a rear yard.

Required street frontage.

(1)	In R-0.25A Districts, not less than 50 feet of street frontage shall be required.
(2)	In all other districts, not less than 100 feet of street frontage shall be required.
(3)	The Planning Board may reduce frontage on a cul-de-sac by up to 25% of the minimum frontage for the zoning district.

Yards fronting on a state highway or county road. Except in the R-0.25A District, any building with a yard fronting on a state highway or county road shall have such yard unoccupied and open to the sky not less than 50 feet in depth.

Required yards and open spaces. Any required yard shall be open space and entirely free of buildings other than:

(1)	An unenclosed entrance porch and steps not to exceed 70 square feet, provided that it is no closer than 10 feet to the front lot line.
(2)	An unroofed porch, terrace or deck in any required yard, provided that it is no closer than 10 feet to any front lot line or seven feet to any other lot line and is unroofed and unenclosed except for an open guardrail not over three feet six inches high. Any porch, terrace or deck above the first floor must be set back at least 20 feet from adjoining property lines, except in an R-0.25A District, where the setback shall be at least 10 feet from a side lot line.
(3)	A detached accessory building occupying not more than 25% of a required yard and set back from any lot line 1/2 the height of such accessory building, but in no case less than six feet.

Lots fronting on two streets. In the case of a lot fronting on two streets, the front yard shall be considered that area between the street line and the front door of the principal use. However, on every corner lot there shall be provided on each street on which the lot abuts a yard equal in depth to the required front yard depth on such street. The yard opposite the front yard shall be considered the rear yard.

Purpose and policy.

(1)	The natural topography of the Town of Woodbury includes a series of prominent ridgelines running primarily in a north-south direction. Land development patterns of the Town have resulted mainly in development in the valleys, with the ridgelines being preserved as open space areas. Important ridgelines and hilltops form a scenic background to the developed areas of the Town, softening the visual impact of buildings and giving to the Town a natural and rural atmosphere.
(2)	These important ridgelines and hilltops in the Town are important environmental assets and their aesthetic value is to be protected.
(3)	Therefore, all areas with a natural elevation above mean sea level of 600 feet are designated by this Zoning Chapter as "critical environmental areas" pursuant to the State Environmental Quality Review Act. Editor's Note: See the Environmental Conservation Law § 8-0101 et seq.

Restrictions.

(1)	The roof of any development in an area having a natural elevation above sea level of 600 feet, to the maximum practical extent, shall not be visible from any designated ridge preservation view corridor (see Zoning Map), Editor's Note: The Zoning Map is included in a pocket at the end of this volume. or such structures shall blend into the hillside.
(2)	Any proposal for development in such areas, including a single-family home, that is likely to be visible from a designated view corridor at any time of the year shall include an illustration indicating the location of said structure and a sketch superimposed on a photograph to be approved by the Planning Board.

Guidelines. In making its decision regarding the visibility and compatibility of proposed structures, the Planning Board shall consider:

(1)	The building design.
(2)	The use of lower elevations on a lot.
(3)	The use of earth-tone colors.
(4)	The blending of structures with topography to keep below the tree line.
(5)	The use of both deciduous and evergreen trees to supplement natural vegetation.

A.	Notwithstanding any other provision of this chapter, the maximum allowable grade on a residential driveway shall be 15%, with 2% for a minimum distance of 40 feet from the curb cut or the edge of the roadway pavement.
B.	The maximum allowable difference in grade between the driveway and the adjacent roadway shall be 8% for a distance of 10 feet on either side of the curb cut or the edge of the roadway pavement.
C.	The driveway shall be located and graded in such a way as not to permit any obstruction of sight distance within the minimum sight triangle. The "minimum sight triangle" shall be defined as the triangle formed by the center line of the adjacent road, the center line of the driveway and points in the center line of the roadway 100 feet distant in each direction from the intersection of the driveway center line and the roadway center line, drawn to a point in the center line of the driveway 30 feet distant from the point of intersection.

A.	Refuse dumps. No refuse dump or deposit of rubbish or garbage where vermin, flies or mosquitoes may breed, from which offensive odors may be emitted or where a smoldering fire may burn shall be permitted.
B.	No junkyards shall be permitted.
C.	Construction and demolition (C & D) dumps. C & D dumps are prohibited in accordance with Chapter 124 of the Code of the Town of Woodbury.
D.	Stripping of topsoil. To strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken shall be prohibited, except in connection with construction or alteration of a building on such premises and excavating or grading incidental thereto, and then only with a special permit approval of the Town Board.
E.	Installation or use of any mechanical, electrical or other sound-amplifier device. To install or use any mechanical, electrical or other sound-amplifier device or similar device for magnifying sound whereby the sound is audible beyond the premises on which it is installed or located shall be prohibited. This prohibition shall not apply to or infringe on the right of freedom of speech or of worship, inhibit the announcement of necessary public information nor limit the use of a public-address system in a summer colony or camp for the purpose of making announcements, provided that the same is reasonable and necessary.
F.	Artificial lights as traffic hazards. No artificial lights or reflecting devices shall be located or displayed where such lights or devices interfere with, compete for attention with or may be mistaken for traffic signals or divert the attention of operators of motor vehicles or otherwise create traffic hazards.

Satellite earth stations (dish antennas) shall be permitted in any district, subject to issuance of a special permit and site plan approval by the Planning Board and the following conditions:

A.	A satellite earth station for the receiving of communication or other signals may be installed in any residential district, including the Corridor Residential District, in any rear yard, provided that its height, including a platform or structure required for support, is not greater than permitted for accessory uses in said districts and its size is limited to a maximum of 10 feet in diameter. [Amended 9-22-1994 by L.L. No. 7-1994]
B.	In all remaining districts, antennas or dish antennas for the sending and receiving of communication or other signals may be located in rear yards and permitted as accessory uses and regulated as such, except in no case shall coverage exceed 10% of the rear yard. [Amended 9-22-1994 by L.L. No. 7-1994]
C.	Satellite television antennas shall be located and designed to reduce visual impact from surrounding properties at street level from public streets and not deny solar access to an abutting property. They shall be effectively screened by a special planting maintained in good condition so that said antennas shall not be visible from any adjacent property or public street
D.	Not more than one satellite television antenna shall be allowed upon any noncommercial or single-family lot, notwithstanding the size of said lot.
E.	All antennas and the construction and installation thereof shall conform to applicable Building Code Editor's Note: See Ch. 96, Building Construction. and Electrical Code regulations and requirements so as not to cause a hazard to life, limb or property because of structural impairment, disassembly or collapse.
F.	Antennas shall meet all manufacturers' specifications, be of noncombustible and corrosive-resistant material and be erected in a secure wind-, snow- and storm-resistant manner.
G.	Every antenna must be adequately grounded for protection against a direct strike of lightning.

Any use subject to any state law, including but not limited to the State Sanitary Code and Multiple Residence Law, or subject to any other local law or ordinance or subject to any rules or regulations promulgated under such laws and ordinances shall comply therewith, and the failure to do so shall constitute a violation of this chapter, notwithstanding omission herein of specific and express requirements therewith in the regulations as to any particular use.

Ingress or egress to commercial and industrial sites. Where a residential district (R-3A, R-2A, R-1A, R-0.25A and CR) is bounded by a portion of a business or industrial district, then any street extending through such residential district shall not be used for any business or industrial purpose, including ingress or egress, unless approved by the Planning Board. The business structure erected in said business or industrial district shall face and have the building entrances upon the street set aside for business purposes, except that show windows in such business structure may be built and exposed upon such residential access street within the area set aside as a part of such business or industrial district. All means of ingress to or egress from the site shall be approved by the Planning Board.

Garage entrances. No public garage for more than five motor vehicles shall have an entrance or exit for motor vehicles within 50 feet of a residential district.

Side and rear yard transition.

(1)

The purpose of the transition buffer area is to provide privacy from noise, headlight glare and visual intrusion to residential dwellings.

(2)

A buffer area shall be required along all boundaries of a nonresidentially zoned or utilized lot abutting any lot in a residential district.

(3)

Such buffer area shall comply with the following minimum standards:

(a)

The buffer area shall be located within the boundaries of the subject property.

(b)

The minimum width of buffer areas shall be as follows:

[1]	Hamlet Business District: 20 feet.
[2]	Limited Commercial District: 20 feet.
[3]	Industrial Business (IB), Light Industrial/Office Park (LIO) or Office Park (OP) District: 30 feet.
[4]	Any district other than a residential district adjoining land owned or maintained by New York State, Orange County or Woodbury Town with current or potential use as parkland: 25 feet.

(c)

The 10 feet nearest the residential district shall be planted with a screen of evergreens having a uniform height of not less than five feet above ground at the time of planting and set in a double row spaced eight feet apart in each row and shall be properly maintained to afford an effective screen between the two districts.

(4)

A landscaped earthen berm, wall or fence of location, height, design and materials approved by the Planning Board may be accepted for any portion of the required planting and/or buffer area.

(5)

Where the existing topography and/or landscaping provides adequate screening, the Planning Board may accept the existing planting and/or buffer area as the required planting.

(6)

The Planning Board may require an increase or permit a decrease in these requirements if the Board believes that said variation will better accomplish the objectives of this section.

Where the frontage on one side of a street is zoned partly as residential and partly as business, the front yard depth of the lot in the business district abutting the residential district shall be equal to the required front yard depth in the residential district.

No building shall be built in a grotesque form, such as an igloo, hut, Quonset hut, caboose, shanty, brown derby, teapot, ice-cream freezer and the like, without approval of the Planning Board and subject to appropriate conditions and safeguards for the protection of other property in the area.

A.	Garages accessory to one-family dwellings shall have a capacity of not more than four automobiles. Space therein may be used for not more than one commercial vehicle and may be rented for not more than one vehicle of other than the occupants of the dwelling to which it is appurtenant and shall have no other business, occupation or service conducted for profit therein.
B.	For a two-family or multifamily residence, garage space may be provided for each family for which such residence is arranged. Space in a garage accessory to a multifamily residence or hotel shall be rented only to occupants of the premises.

No person shall own or operate a mobile home court or park without a special permit for the same, to be obtained annually from the Planning Board, and the failure to have such a permit shall constitute a violation of this chapter. The fee for such a special permit shall be in accordance with the fee schedule established by the Town Board. Such fee shall be paid to the Town at the time each application is made for such special permit and at the time each application for renewal thereof is made.

Before issuing a permit, the Planning Board must find that such use will not create a traffic hazard or otherwise impair the value, health, welfare or convenience of the prospective occupants.

Application for a mobile home court special permit shall be accompanied by a site plan indicating the following information:

(1)	The location of the proposed mobile home court and mobile home spaces therein.
(2)	The means of egress and ingress to all public roads.
(3)	A drainage plan and watercourses, if any.
(4)	Internal roads and off-street parking facilities.
(5)	Sanitary facilities and water supply.
(6)	Fire extinguishers.
(7)	Fences and screening.
(8)	The location and type of all outdoor lights and signs and other structures, including buildings.

No permit shall be issued until the sewage disposal and water supply systems have been approved by the New York State Department of Health or any other appropriate state or county regulatory agency.

Each mobile home court shall comply with the following conditions:

(1)

The lot area for such use shall not be less than 10 acres. The area of land for each mobile home space shall contain at least 5,000 square feet, with a minimum width of 50 feet, and have the corners of each mobile home space staked out with a metal stake or pipe or concrete marker.

(2)

The area shall be well-drained and have such grades and soil as to make it suitable for the purpose intended.

(3)

Each mobile home space shall provide approved connections to approved central sewage disposal and water supply systems and to an approved electrical supply system.

(4)

Garbage shall be collected and removed from the premises at least once a week, and a waste-collection station shall be provided.

(5)

At least one public telephone shall be provided for each mobile home court. Suitable fire protection shall be provided as determined by the Board of Fire Prevention.

(6)

All mobile homes shall be set back at least 50 feet measured from the right-of-way line of any public street or highway, at least 30 feet from all other property lines and not less than 15 feet from any access road.

(7)

Access to a mobile home court and circulation within shall be by roads at least 24 feet wide provided with a bituminous surface.

(8)

Where internal access roads are less than 30 feet wide, off-street parking bays must be provided. Such bays shall measure not less than nine feet by 18 feet per car space, and two off-street spaces shall be provided for each mobile home.

(9)

All means of egress and ingress, drives, lanes and public spaces shall be adequately lighted.

(10)

Screening or fencing shall be required adjacent to a developed residential area. The 10 feet nearest the residential development shall be planted with a screen of evergreens having a uniform height of not less than five feet above the ground at the time of planting and set in a double row spaced eight feet apart in each row and shall be properly maintained to form an effective visual screen.

(11)

One nonflashing, indirectly illuminated sign shall be permitted on the premises. Such sign shall not be greater in area than 24 square feet nor extend more than 12 feet above ground level.

(12)

Signs and other accessory structures, such as an office building, shall be located at least 20 feet from any property line or right-of-way line of any public street or highway.

(13)

No fires shall be permitted except in stoves, incinerators or other equipment designed for such purposes, which shall be of a type not to endanger life or property nor prohibited by law.

(14)

Units shall be anchored in accordance with requirements as follows:

(a)	For mobile homes that are provided with installation instructions by the manufacturer, the stabilizing system, including footings and devices, shall be installed in accordance with the manufacturer's installation instructions.
(b)	Stabilizing devices that are not provided with the mobile home shall meet or exceed the design and capacity requirements of the mobile home manufacturer or the requirements set forth in the generally accepted standard.
(c)	For mobile homes that are not provided with manufacturer's instructions for stabilizing devices, their installation shall be provided with an anchoring and support system designed by a registered professional engineer or architect or shall be spaced and located as set forth in the requirements of the generally accepted standard.
(d)	If an alternate method for stabilizing the mobile home with baling straps is used, such method shall conform to the requirements set forth in the generally accepted standard.

(15)

The owner or operator shall be required to maintain the cleanliness of the facility.

These regulations shall apply to all mobile home courts or parks now in operation or established after the effective date of this chapter. However, only the following conditions of Subsection E of these regulations shall apply to a mobile home court in operation on or before December 31, 1987: Subsection E(3), (4), (5), (9), (11), (13), (14) and (15).

Expansion or enlargement of an existing mobile home court after the effective date of this chapter shall be made in accordance with these regulations.

No use shall be permitted in the HB, CR, LC, OP, LIO and IB Districts that does not conform to the following standards of use, occupancy and operation, which standards are hereby established as the minimum requirements to be maintained.

Noise. Noise shall not exceed an intensity, as measured 100 feet from the boundaries of the lot where such use is situated, of the average intensity, occurrence and duration of the noise of street traffic at adjoining streets.

Atmospheric effluence. No dust, dirt, smoke, odor or noxious gases shall be disseminated beyond the boundaries of the lot where such use is situated.

Glare and heat. No glare or heat shall be produced that is perceptible beyond the boundaries of the lot where such use is situated.

Industrial wastes. No solid or liquid wastes shall be discharged into any public sewer, private sewage disposal system, stream or on or into the ground, except in accordance with the Town of Woodbury Sewer Use Ordinance Editor's Note: See Ch. 253, Art. II, Sewer Use. and standards approved by the New York State Department of Health or a similarly empowered agency.

Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in the industry. The burning of waste materials in open fires is prohibited. The relevant provisions of state and local laws shall also apply.

Radioactivity or electromagnetic disturbance. No activity shall be permitted which emits dangerous radioactivity beyond the structure in which such activity is situated or which causes an electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

Hazardous materials. Any processing, manufacture, disposal, transportation, storage or dispensing of materials designated as hazardous by the United States Environmental Protection Agency under 40 CFR 116 shall be conducted only in strict conformity with applicable federal and state standards and regulations and in such manner as to cause no hazard to public health, safety or welfare and so as not to hinder the most appropriate use of land in the vicinity.

Industrial and office parks and commercial centers.

(1)	Where industrial and office parks and commercial centers are permitted, the entire lot shall be planned and designed as a unit to provide maximum functional efficiency and aesthetic quality. In cases where detailed building plans are not available, design guidelines for siting, orientation, size and materials of buildings shall be noted on the plans submitted for approval. Certain facilities, such as roadways, parking areas, utilities, drainage, screening and other landscaping and employee recreation facilities, may be shared among the uses on the lot.
(2)	In all cases, the uses may occupy leased premises or the premises may be owned as part of the condominium or cooperative or the premises may be subdivided and sold; however, there must be a central managing agency, acceptable to the Town Board, that is responsible for the improvement and maintenance of common facilities and for the general management of the development.
(3)	In all cases, the development shall be subject to site plan review in accordance with procedures set forth in § 310-45. The Planning Board may waive standards for side yard setbacks within the development, provided that the minimum requirements are met along the perimeter of the lot. Any such waiver shall refer to standards that the Planning Board finds to be more appropriate for the specific site and the uses proposed and shall be subject to review by the Fire Marshal.

Design guidelines in the LIO District. [Added 12-7-2000 by L.L. No. 14-2000]

(1)	Earth tones, muted hues of roof ballast and construction materials will be utilized throughout the site.
(2)	Parking area will be screened from internal and off-site roads by use of berms, trees and other vegetation. Parking areas will be landscaped so as not to have expansive paved areas.
(3)	No outdoor storage of materials, supplies or equipment or outdoor operation or processes will occur. Loading docks and approved refuse containers shall be screened from view.
(4)	Height of any building or appurtenance thereto shall not exceed 35 feet above the finished building grade.
(5)	All buildings are to use high quality construction materials and have architectural facades; all elevations that are visible from public view shall have the same characteristics.
(6)	No exterior wall may be faced with untextured, painted, or unpainted concrete block. Exterior walls shall not be painted.
(7)	There should be some architectural features that are maintained for all buildings to give an appearance of continuity.
(8)	Windows shall not have highly reflective glass.
(9)	Exterior lighting shall be limited to signs and security and safety lights of streets, parking lots, walks and building entrances. Lighting to be shielded so not directly visible off-site, including from Route 6 and Route 17. No flashing, traveling, animated or intermittent lighting shall be visible from the exterior of any building.
(10)	No corrugated building material will be utilized.
(11)	All utility lines and connections and installation of wires to buildings shall be underground.

A.	Strict compliance with state standards shall be required in the design and construction of devices for storing and handling gasoline and other products to keep the hazards of fire and explosion involving the same to a minimum.
B.	There shall be no other repair garage or service station property within 300 feet of any part of the lot lines of the property.
C.	The minimum required lot area for such use shall be 30,000 square feet, with a minimum lot width and road frontage of 150 feet.
D.	There shall be safe and adequate sight distance in each direction along each highway on which the property has access, and the use of the property shall not otherwise create a traffic hazard.
E.	Pumps and other devices, including all signs, shall be located at least 20 feet from any street line.
F.	No repair work shall be performed out of doors.
G.	All automobile parts, dismantled vehicles and similar articles shall be stored within a building.
H.	The illuminated parts of and lettering which is customarily part of or affixed to gasoline pumps shall not be deemed signs.
I.	No more than five wrecked, partially dismantled or unlicensed vehicles shall be kept on the premises, and all such vehicles shall be kept within a building or concealed behind a board fence at least six feet high which shall be erected and maintained in a manner approved by the Building Administrator.
J.	No dead storage or parking of vehicles shall be permitted, except vehicles awaiting immediate service or repair or those vehicles impounded at the direction of the police.
K.	All new gasoline stations shall be equipped with a fuel-fume recovery system.
L.	A minimum ten-foot landscaped buffer shall be provided on side and rear yards; where said buffer adjoins a residential district, the requirements of § 310-18 shall apply.

There shall be no outdoor commercial display and storage of merchandise for sale, including used motor vehicles, except as an accessory use under special permit from the Planning Board. Such display is prohibited in R-3A, R-2A, R-1A, R-0.25A and CR Districts. The Board shall take into account the following:

A.	The location and size of the proposed use.
B.	The nature and intensity of the operations involved.
C.	The size of the site in relation to the use and its location with respect to highways or streets giving access to the same.
D.	Whether such use will discourage the appropriate development and use of adjacent land or buildings or impair the value thereof.
E.	Whether there are any characteristics of such use that will be objectionable to occupants of nearby properties.
F.	The electric lighting and advertising that will be involved in such use.
G.	Any other pertinent information that may be necessary to determine if such proposed special use meets the requirements of this chapter and the public convenience, welfare and safety.

Private residential swimming pools. Swimming pools accessory to and not attached to one-family dwellings, whether permanent or portable, shall be located not closer than 20 feet to any side or rear lot line, except in an R-0.25A District, where such distance shall be at least 10 feet from a side lot line. These regulations shall not apply to portable pools that do not exceed two feet in height or six feet in length.

Swimming pool fencing. All outdoor swimming pools, public and private, except swimming pools owned and operated by the Town of Woodbury, 18 inches deep or more shall be completely enclosed with a wall or fence at least four feet high and not greater than six feet high, the bottom of which must be no more than three inches from the ground, equipped with a gate that has a lock which shall be locked at all times that the swimming pool is not in use. Aboveground swimming pools with at least 46 inches between the pool decking or pool top and the adjoining grade are exempt from this requirement, provided that access is restricted. Such a restriction may be a minimum four-foot-high fence with a gate that can be appropriately fastened or the removal of the ladder which gives access to the aboveground pool, when not in use. All such swimming pools must remain empty of water until the barrier has been completed and approved by the Building Department Administrator as meeting the foregoing requirements and as being sufficiently strong in construction to prevent any person from accidentally entering the pool enclosure. [Amended 8-15-1991 by L.L. No. 5-1991]

Individual summer dwelling units may be converted to year-round dwelling units by special permit from the Planning Board, provided that the dwelling unit is on a lot which meets the following standards:

A.	The lot shall be located on a public road or a road suitably improved to the satisfaction of the Town Board.
B.	The lot shall be served by the Town water system or other such water system approved by the New York State Department of Health and the New York State Public Service Commission for year-round use.
C.	The lot shall be served by a central sewer system or an individual septic system approved by the New York State Department of Health for year-round use.
D.	The residence on such lot shall comply in all respects with the requirements of the New York State Building Code for one-family dwellings.
E.	The lot shall meet the development standards provided for a single-family dwelling permitted in the zone in which it is located, including density.

Purpose. The following standards are intended to enhance the appearance and natural beauty of the Town and to protect property values through preservation and planting of vegetation, screening and landscaping material. Specifically, these standards are intended to enhance the appearance of major travel corridors and business areas; to reduce excessive heat, glare and accumulation of dust; to provide privacy from noise and visual intrusion; and to prevent the erosion of the soil, excessive runoff of drainage water and the consequent depletion of the groundwater table and the pollution of water bodies.

General requirements. The following provisions shall apply to any use in all zoning districts:

(1)

All lots shall be graded and seeded prior to issuance of a certificate of occupancy (CO).

(2)

Landscaping, trees and plants required by these regulations shall be planted in a growing condition according to accepted horticultural practices, and they shall be maintained in a healthy growing condition. Any landscaping, trees and plants which are in a condition that does not fulfill the intent of these regulations shall be replaced by the property owner during the next planting season for the particular plant material.

(3)

A screening fence or wall required by these regulations shall be maintained by the property owner in good condition throughout the period of the use of the lot, subject to the following conditions:

(a)	Any land that is or has been designated or required to be a screening area, buffer area or paved area pursuant to an approval by the Town Board, Planning Board or Zoning Board of Appeals of any grant of an application for a change of zone, variance, special permit or site plan approval or which is required by ordinance or local law must be maintained by the owner of the property or any of the owners, successors in interest or assignees.
(b)	When it is determined by the Building Department Administrator (BDA) that any land is not maintained pursuant to such grant of approval or ordinance, the Building Department Administrator shall notify the owner of record of such land, by registered mail, to the address shown on the last preceding assessment roll, to erect, replace, repair or maintain fences, trees, plantings, shrubbery or other screening or paved areas pursuant to the plan or ordinance.
(c)	In the event that the owner of record does not comply with the notice within 30 days of the date of said mailing, the Building Department Administrator may take the appropriate action commensurate with the methods of enforcement of this chapter.

(4)

All landscaping, trees and planting material adjacent to parking areas, loading areas or driveways shall be protected by barriers, curbs or other means from damage by vehicles.

(5)

To the extent practical and possible, existing trees, vegetation and unique site features, such as stone walls, shall be retained and protected. Existing healthy, mature trees, if properly located, shall be fully credited against the requirements of these regulations.

(6)

Where lot size and shape or existing structures make it infeasible to comply with the requirements for a front landscaped area or landscaped parking area, the Planning Board may approve planters, plant boxes or pots containing trees, shrubs and/or flowers to comply with the intent of these regulations.

(7)

In cases where the edge of the pavement within a public right-of-way does not coincide with the front lot line, the property owner shall landscape the area between the front lot line and the edge of the street pavement.

Front landscaped area.

(1)	A front landscaped area shall be required for all uses in all zoning districts. The required landscaped area shall be covered with grass or other ground cover and shall include appropriate trees and shrubs.
(2)	As a minimum, in all districts, one shade tree having a minimum caliper of 21/2 inches shall be planted within the front landscaped area for each 40 feet or fraction thereof of lot frontage.
(3)	In all districts, there shall be a landscaped strip in the front yard. In the HB Hamlet Business District, the strip shall be 10 feet deep; and in all other districts, it shall be 25 feet deep and contiguous to the front lot line of the property. There shall also be a landscaped area at least five feet wide abutting the front of the building in all nonresidential districts. The purpose of the landscaping is to enhance the appearance of the use on the lot but not necessarily to screen the use from view.

Landscaped parking area. In addition to the front landscaped area and buffer area requirements, parking areas shall comply with the following minimum standards:

(1)	All uses to provide 20 or more off-street parking spaces shall have at least 10 square feet of interior landscaping within the paved portion of the parking area for each parking space and at least one tree with a minimum two-and-one-half-inch caliper for every 10 parking spaces or fraction thereof.
(2)	Each separate landscaped area shall contain a minimum of 100 square feet, shall be planted with grass or shrubs and shall include at least one tree of not less than two-and-one-half-inch caliper.
(3)	A landscaped area shall be provided along the perimeter of any parking area except that portion of the parking area which provides access.

All retaining walls over four feet high shall require site plan review by the Planning Board and a building permit.

Purpose. The purpose of the Corridor Residential District and the Limited Commercial District is to retain the existing residential and open character of areas and neighborhoods along major road corridors, such as large setbacks and significant architectural and historic styles. The Town Board hereby finds that it is necessary to develop and enforce specific design criteria for these districts to ensure the open and historic character of these corridors and as a means of preserving the older or architecturally significant structures while allowing limited nonresidential uses in existing residential structures or in sensitively designed new structures. These districts will form the basis for creating a smooth transition in land uses and intensities of development along Route 32, particularly adjoining and between Central Valley and Highland Mills.

Design criteria requirements.

(1)

In considering an application for a permitted or special permit use within the district, the Planning Board shall consider the visual and aesthetic relationships between neighboring properties, the architectural style of buildings, particularly where there are structures of historic or architectural significance within view of the site, the height, width and bulk of buildings and structures and their arrangement on the site, including setbacks, materials, window locations, entry points, rooflines, exterior colors and details, exterior lighting (including the number, height and design of the lighting fixtures and the amount of light), fences and walls, the landscaping and paving materials to be used on the site, etc., so as to assure that all new construction, all alterations of existing structures and all standards provided in this section will be accomplished in such a manner as to further the purpose of this chapter.

(2)

The following standards shall apply:

(a)

Existing structures (existing as of September 1989).

[1]	In order to accommodate a nonresidential use, the building must front on a state highway; and to the maximum practical extent, vehicular access to a nonresidential use must be from a state highway.
[2]	The maximum percent of lot to be occupied may be increased an additional 10%, provided that the additional coverage shall not be allowed in any required front yard.
[3]	No residential use shall be located on a floor below a nonresidential use.
[4]	Residential units shall have separate access from the nonresidential uses.
[5]	Off-street parking shall be wholly provided in the rear and/or one side yard, behind the front building line, and shall be screened from the road and adjoining properties in accordance with Article VI, § 310-42C, as a minimum.
[6]	There shall be no substantial alteration to the exterior of the building except with approval by the Planning Board acting as the Architectural Review Board.

(b)

New construction.

[1]	New construction shall be permitted, provided that it has sensitively maintained the existing character of adjacent and surrounding historic structures. This may be exhibited through architectural style and character, arrangement, texture, materials, details and ornamentation and/or the overall bulk and massing proposed.
[2]	No residential use shall be located on a floor below a nonresidential use.
[3]	Residential units shall have separate access from the nonresidential uses.
[4]	Setbacks for new buildings shall be equal to or exceed the average of the principal structures on either side of the property, but in no case shall such setback be less than required by applicable provisions of the Schedule of Zoning District Regulations for CR or LC Districts. Editor's Note: Said schedule is included at the end of this chapter.
[5]	Off-street parking shall be wholly provided in the rear and/or one side yard, behind the front building line, and shall be screened from adjoining properties in accordance with the provisions of Article VI, § 310-42C, as a minimum.

[Added 7-16-1992 by L.L. No. 8-1992]

Legislative purpose. The purpose of this section is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor signs of all types and indoor signs visible from outdoors. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the Town, protect the architectural and historical heritage of the Town and provide for a more pleasing and enjoyable community. It is further intended to eliminate distractions and obstructions that may be caused by signs overhanging or projecting over public rights-of-way.

Design principles. In implementing the purpose of this section, the following principles shall serve as guidelines:

(1)	Signs must be expressive of the individual proprietor's identity and appropriate to the type of activity to which they pertain.
(2)	Signs must be as legible as possible in the circumstance in which they are seen. (NOTE: This has to do with how people are viewing the sign, how fast they are traveling, distance from the sign, the number of lanes of traffic, setbacks of buildings, etc.)
(3)	Signs should be a subordinate part of the streetscape and the landscape rather than the dominant feature. Properly designed signs can add interest to building facades without overpowering them.
(4)	Adjacent signs on the same or adjoining buildings should be the same size and be placed within the same horizontal band and be of harmonious lettering, materials and colors.

Definitions. As used in this section, unless the context otherwise requires, the following words and phrases shall have the meaning set opposite them for any and all purposes:

BEACON LIGHT — Any light with one or more beams, capable of being directed in any direction or directions or capable of being revolved automatically.

BILLBOARD — A structure used for display or which directs attention to a business, commodity, service or entertainment generally conducted, sold or offered elsewhere than upon the same lot where the billboard is located.

DISPLAY — To show or exhibit.

ERECT — To build, construct, attach, hang, place, suspend or affix, and including the painting of wall signs.

ILLUMINATED SIGN — Any sign lighted by or exposed to artificial lighting, either by lights in the sign (direct illumination) or directed toward the sign (indirect illumination).

LOCATION — Any lot, premises, building, structure, wall or any place whatsoever upon which a sign is located.

MULTIPLE OCCUPANCY — A tract of land with buildings or structures planned as a whole and intended for three or more nonresidential establishments with accessory parking on the same site.

NONACCESSORY SIGN — A sign used for display or which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot or the same complex where the sign is located.

(1)	AWNING SIGN — A roof-like covering of canvas, metal, duck or other material no less than seven feet above a sidewalk and attached to or supported entirely from the building.
(2)	BANNER SIGN — Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. National flags, flags of political subdivisions and symbolic flags of any institution shall not be considered banners for the purpose of this section.
(3)	CHANGEABLE COPY SIGN — A sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or the surface of the sign.
(4)	CONSTRUCTION SIGN — Any sign giving the name or names of principal contractors, architects, sponsor and lending institutions responsible for construction on the site where the sign is placed.
(5)	DIRECTORY SIGN — A sign on which the names and locations of occupants or the use of a building is given. This shall include office buildings, shopping centers and church directories.
(6)	FREESTANDING SIGN — Any sign which is supported by structures or supports or is upon the ground and independent of support from any building.
(7)	INTERIOR SIGN — Any sign not visible from the highway or public street.
(8)	MOBILE OR PORTABLE SIGN — Any sign or sign structure not securely attached to the ground or to any other structure.
(9)	NONCONFORMING SIGN — Any sign which does not conform to the regulations of this section.
(10)	PROJECTING OR HANGING SIGN — Any sign other than a wall sign affixed to any building or wall, whose leading edge extends beyond such building or wall and is constructed perpendicular to said building or wall.
(11)	REAL ESTATE SIGN — Any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.
(12)	ROOF SIGN — Any sign erected or constructed wholly upon and over the roof of any building and supported solely on the roof of a structure.
(13)	SNIPE SIGN — Any sign of any material whatsoever that is attached in any way to a utility pole, tree or any object located or situated on public or private property.
(14)	STREET BANNER SIGN — Any banner sign which is stretched across and hung over a public right-of-way.
(15)	TEMPORARY SIGN — A sign designed to advertise or announce a particular event or series of events, to announce the availability for sale of particular items or items which will be available or occurring for a limited period of time not to exceed 30 days.
(16)	POLITICAL SIGN — A temporary outdoor sign, including stickers and posters, advertising the name of a candidate for election, including the name of a political party.
(17)	WINDOW SIGN — Any sign that is affixed to or painted on the interior of a window, or any sign located within 18 inches of the inside face of a window, which sign is designed to be visible from the exterior of the window.
(18)	MARQUEE SIGN — Any sign attached to and made part of a marquee. A "marquee" is any permanent roof-like structure projecting beyond a building or extruding beyond a building wall at an entrance.
(19)	SHOPPING CENTER OR INDUSTRIAL PARK IDENTIFICATION SIGNS — Any sign identifying the shopping center or industrial or office park.

SIGN AREA — The area of a sign shall be measured as follows:

(1)	Length times width of the entire surface.
(2)	Where the sign consists of individual letters, designs, shapes, figures or symbols engraved, painted or in any way attached to a building wall or window or on a fascia panel, the area shall be considered to be that of the smallest regular geometric shape which encompasses all of the letters, designs, figures, symbols or irregular shapes.
(3)	Back-to-back signs under 18 inches in width shall be calculated as the same square footage and is considered to be calculated as one sign.

D.Permits.

(1)

No sign, advertising display or structure, poster or device shall be erected, moved, altered, redesigned, enlarged or reconstructed and having in force a permit therefor from the Building Department, excluding an interior sign. Any sign that is to be erected or placed on a building or site shall be approved by the Building Inspector. Said approval shall be secured prior to issuance of a sign permit by the Building Inspector. The following two operations shall not be considered creating a new sign and therefore shall not require a sign permit:

(a)	Replacing copy: the changing of the advertising or message of an approved sign which is specifically designed for the use of temporary replaceable copy.
(b)	Maintenance: painting, cleaning and other normal maintenance and repair of a sign or a sign structure, unless a structural change is made or there is a change in message.

(2)

Permit application.

(a)

Application for a sign permit shall be made on a form provided by the Building Department, which application shall include:

[1]	The name, address and telephone number of applicant.
[2]	The location of the building, structure or land to which or upon which the sign is to be erected.
[3]	A color photo of the building upon which the sign is to be erected.
[4]	The size of the sign; and details of its attachment and hanging.
[5]	The method of illumination, if any.
[6]	The graphic design, including symbols, letters, materials and colors.
[7]	The visual message, text, copy or content of the sign.
[8]	Written consent, or a copy of the contract made with the owner of the property upon which the sign is to be erected.

(b)

The sign application shall be accompanied by a set fee as established by the Town Board of the Town of Woodbury.

(3)

Permit procedure.

(a)

Upon filing of a completed application, the Building Inspector shall examine the plans, specifications and other data submitted, as well as the premises on which the sign is to be erected or exists. If the sign is in compliance with all the requirements, the Building Inspector shall, within 15 days, issue a permit for the erection of the sign. (The issuance of a permit shall not excuse the applicant from conforming to the other laws and ordinances of the municipality.) If the erection of said sign authorized has not commenced within six months from the date of issuance, the permit shall become null and void, but may be renewed within 30 days prior to the expiration, for an additional six months, upon payment of 1/2 of the original fee.

(b)

Appeal from permit denial. Any applicant feeling aggrieved by the decision of the Building Inspector upon any application for a permit for any sign may appeal to the Zoning Board of Appeals from such decision.

E.Exemptions. The following signs do not require permits; however, the sponsoring agency shall be guided by the requirements of this section:

(1)	Signs of or required by duly constituted governmental bodies, including traffic or similar regulatory devices and legal notices, provided that they comply with the New York Manual of Uniform Traffic Control Devices.
(2)	Flags or emblems of civic, philanthropic or educational nature, except when displayed in connection with commercial promotion.
(3)	Memorial plaques, cornerstones, historical tablets and the like erected by public or quasi-public agencies or organizations.
(4)	Signs not visible from outside of the parcel or property upon which they are situated.
(5)	Identification signs posted in conjunction with doorbells or mailboxes, not exceeding a total of 30 square inches in the surface area.
(6)	Address signs. No more than one address sign shall be permitted for each street frontage. No address sign shall exceed two square feet in surface area. Address signs shall show only the numerical address designations (in numbers or script) of the premises upon which they are situated, except that residential address signs may include the name of the family resident therein.
(7)	Cautionary signs, which are less than a one-foot square in size, such as but not limited to "danger" or "no trespassing."
(8)	Private signs of a noncommercial nature which are in the public interest, including directional, regulatory, warning or informational signs, such as but not limited to "exit," "entrance," "parking" or "one-way." Such signs shall not exceed two square feet each.
(9)	Real estate signs.
(10)	Political campaign signs. [Added 3-7-2002 by L.L. No. 1-2002]

F.Sign prohibitions and general restrictions. The following prohibitions and general restrictions shall apply in all districts:

(1)	Billboards and mobile signs shall be prohibited in all districts.
(2)	Flashing signs and revolving or beacon lights, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use, are prohibited.
(3)	Signs which compete for attention with or may be mistaken for a traffic signal are prohibited. No sign shall be erected in such a manner as to obstruct free and clear vision for drivers, interfere with, mislead or confuse traffic or be located where, by reason of its position, shape or color, such sign may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device by making use of the words "stop," "look" or any other word, phrase, symbols or characters or red, green or amber illumination or reflection.
(4)	Roof signs shall be prohibited.
(5)	Beacon lights shall be prohibited.
(6)	Signs with visible moving, revolving or rotating parts, including pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices are prohibited except for a period of 30 days from the date of a grand opening and for a seven-day period during national holidays.
(7)	No signs other than signs placed by agencies of the government shall be erected on any public property, unless consent is first obtained from the Town Board.
(8)	Signs shall maintain all clearances from electrical conductors in accordance with the New York State Electrical Code and from all communications equipment or lines located within the Town of Woodbury. Signs and their supporting structures shall maintain clearance and noninterference with all surface and underground facilities and conduits for water, sewage, gas, electricity or communications equipment or lines. Furthermore, placement shall not interfere with natural or artificial drainage or surface or underground water.
(9)	Snipe signs are prohibited on utility poles and trees.

G.Regulations regarding specific types of signs.

(1)

Illuminated signs.

(a)

A sign illuminated by electricity from outside or within or equipped in any way with electric devices or appliances shall conform, with respect to wiring and appliances, to the regulations of the Electric Code, State of New York, and shall bear the stamp of said Board. All wiring shall be self-enclosed in metal raceways.

(b)

Standard, approved methods of constant direct illumination shall be permitted on ground signs, wall signs and hanging signs; provided, however, that the illumination shall be concentrated upon the area of the sign so as to prevent direct glare upon the street or adjacent property. Indirect lighting (i.e., lighting from within) is permitted, provided that:

[1]	There is no glare visible on adjoining residential property.
[2]	The lighting does not create a distraction for motor vehicle drivers.

(c)

No electrical equipment or electrical apparatus of any kind which causes interference with radio or television reception shall be used in the operation of illuminated signs. Whenever interference is caused by an unfiltered, improperly filtered or otherwise defective sign, or by any other electrical device or apparatus connected to the sign, the building official shall order the sign disconnected until repairs are made.

(2)

Freestanding signs. Except for required cautionary or traffic control signs, only one freestanding sign shall be permitted for each frontage of a property on a public street or way where a building is set back at least 25 feet from the street line. Such signs are limited to pole signs with no guy wires or signs permanently affixed to a fence or other wall separate from the principal building. The location and design of such signs shall be 25 feet from each side line and 15 feet from the edge of the pavement, which shall include sidewalks in front or rear of the property. The maximum heights of such signs shall be 15 feet, except in the IB Zone, where 25 feet is permitted.

(3)

Upper floor business. Where a business or office occupies space above the ground floor, a sign of not more than two square feet may be affixed to the interior of an upper floor window. No exterior sign for such a business or office shall be permitted on the ground floor. This does not prohibit building directories that are inside a structure, not visible from outside.

(4)

Marquee signs. Signs shall not be permitted on any marquee other than signs built into and forming a part of the marquee itself. Such signs shall not exceed a height of three feet and a total area of 20 square feet on any one side of the marquee and shall not exceed beyond the edge of the marquee.

(5)

Exterior wall signs.

(a)	Exterior wall signs shall not project more than 12 inches from the wall to which they are affixed.
(b)	In any districts where exterior wall signs are permitted, no such sign shall cover, wholly or partly, any wall opening, including doors, fire escapes and windows, nor project beyond the ends of the wall to which it is attached. All such signs must be safely and adequately attached to said building wall by means satisfactory to the Building Department.

(6)

Iconic signs.

(a)	Iconic signs, such as barber poles, eyeglasses and mortar and pestle, which are traditional in nature and size, shall be permitted.
(b)	Iconic signs shall not extend more than three feet from a building wall nor encompass a space of more than 12 square feet when viewed from any angle.

(7)

Awning signs. A sign may not be suspended from an awning. Signs painted/imprinted on an awning shall be computed in the allowable sign area, except for painted signs on awning valances solely identifying the store name with a letter-size not exceeding six inches in height.

(8)

Temporary signs. The following temporary signs may be constructed with a permit from the Building Department as per guidelines.

(a)

(Reserved) Editor's Note: Former Subsection G(8)(a), regarding political signs, was repealed 3-7-2002 by L.L. No. 1-2002.

(b)

Special event displays. Portable exterior signs may be erected on the premises of an establishment having a grand opening or special event, provided that such sign shall be displayed for a total period not to exceed 15 calendar days within any six-month period.

(c)

Street banners for special events require Town Board approval.

(d)

Banners. Banners may be permitted in commercial or industrial districts in accordance with the following requirements:

[1]	No part of a banner shall be less than 12 feet six inches above the elevation of the sidewalk and a distance of not less than two feet from the curbline.
[2]	Banner lettering dimensions may not exceed one foot in height and one foot in width.
[3]	Fifteen days within a six-month period.

(9)

Institutional signs. One sign or bulletin board setting forth or denoting the name of any public, charitable, religious or nonprofit institution when located on the premises of such institution, provided that such sign or bulletin board shall not exceed 20 square feet in sign area.

(10)

Professional nameplates. Signs indicating the name of a professional person occupying the premises shall not exceed two square feet in area.

H.Unsafe and unlawful signs.

(1)	The owner of a sign and the owner of the premises on which such sign is located shall be jointly liable to maintain such sign, including its illumination sources, in a neat and orderly condition and good working order at all times and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign.
(2)	If the Building Department shall find that any sign regulated herein is unsafe, insecure, damaged, deteriorated or a menace to the public or has been erected in violation of the provisions of this section, he shall give written notice to the sign owner or the owner of the premises on which such sign is located. Said sign and all appurtenances shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found immediately, after written notification from the Building Inspector.
(3)	If, in the determination of the Building Department, a sign is an immediate peril to persons or property, he may cause such sign to be removed summarily and without notice. The cost of such removal shall be paid by the Town and such amount shall be levied and collected in the same manner and under the same penalties as an assessment for a public improvement.

I.Abandoned signs. [Added 7-21-1994 by L.L. No. 4-1994]

(1)

Except as hereinbefore provided, any sign that is located on property or a place of business which becomes vacant and is unoccupied for a period of 30 days or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. An abandoned sign is prohibited and shall be removed by the owner of the premises.

(2)

Upon notification, by the Building Department, of the property owner upon whose property said abandoned sign exists, said owners shall have 30 days to remove the abandoned sign. Upon failure to remove the sign within this time period, the Town may remove the sign. The cost of such removal shall be paid by the Town, and such amount shall be and become a lien upon the premises in question and shall be levied and collected in the same manner and under the same penalties as an assessment of a public improvement.

J.Existing signs and nonconforming signs. The relettering, repair, painting or decorating of such signs shall be permitted, but any such sign once removed for purposes other than relettering, repairing, painting or decorating shall be deemed permanently removed and may be replaced only in accordance with the provisions of this section. K.Penalties.

(1)	The owner or general agent of a building or premises where a violation of any provision of this section has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, shall be guilty of an offense, punishable by a fine not exceeding $500 or imprisonment for a period not to exceed six months, or both.
(2)	Each week's violation after notice thereof shall have been given as herein provided shall constitute a separate violation. Such notice shall be in writing, signed by the Building Administrator and shall be served upon the person or persons committing such violation, either personally or by both certified and regular first-class mail addressed to such person or persons at his or their last known address.
(3)	The Town authorities shall have such other remedies as are provided by law to restrain, correct or abate any violation of this section.

L.Signage Table. (See attached.) Editor's Note: The Signage Table is on file in the Town offices.

[Amended 5-16-1996 by L.L. No. 6-1996]

The Town Board may authorize the Planning Board to approve cluster developments on a case-by-case basis in all residential districts in accordance with § 278 of the Town Law and according to the procedures and requirements specified below. The Town Board may also authorize the Planning Board to mandate the owner of a property to submit an application for cluster developments on such property. The Town Board may, in its discretion, place whatever reasonable conditions upon a project that it deems necessary.

Purpose. The purpose of such cluster developments is to provide flexibility and innovation in the design and development of land in such a way as to promote the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities and to preserve the natural and scenic qualities of open space. Specifically, the application of the cluster technique is intended to achieve:

(1)	Maximum reasonable conservation of land, creation of usable open space and recreation areas and preservation of scenic qualities of open space.
(2)	Preservation of trees, wetlands, ridgelines and other outstanding natural features, prevention of soil erosion and protection of groundwater supply.
(3)	A shorter network of streets and utilities and more efficient use of energy than would be possible through strict application of standard zoning.

Applicability. The proposed cluster site must be a minimum of 15 acres.

Type and number of residences permitted.

(1)	The types of residential units that may be permitted by the Planning Board in a cluster development are single-family detached structures.
(2)	The maximum number of residences that may be approved in cluster developments shall be determined by submission of a standard subdivision plat demonstrating compliance with all requirements of this chapter and Chapter 272, Part 2, Subdivision Regulations, of the Woodbury Code for the zone in which the property lies.
(3)	The minimum lot size for building lots shall be 43,560 square feet, except that the Town Board may authorize the Planning Board to reduce the minimum if, in its judgment, said reduction will improve the design and layout of the subdivision. Said reduction shall not exceed 10,000 square feet per lot and may not exceed 25% of the lots in the proposed subdivision. All lots in a cluster development shall meet the setback and yard requirements of the R-1A Zoning District.

Required subdivision approval. Nothing contained in this section shall relieve the owner, his agent or the developer of a proposed cluster development from receiving subdivision plat approval in accordance with the Planning Board's Subdivision Regulations. In approving the final plat for a cluster development, the Planning Board may modify the acreage requirement for recreation areas, provided that the common land dedicated meets all other requirements of the Town's Subdivision Regulations. Editor's Note: See Ch. 272, Subdivision of Land, Part 2, Subdivision Regulations.

Procedures.

(1)	Upon submission of an application to the Planning Board for approval of a major subdivision, if the Planning Board determines during sketch plan review that clustering may be appropriate for the particular site, a request shall be made to the Town Board for authorization under § 278 of the Town Law to permit clustering.
(2)	Upon such request, the Town Board shall consider whether to authorize clustering for the specific property based upon a review of the site's physical characteristics, including vegetation, topography, surface water and scenic qualities, as well as surrounding uses, access and availability of water and/or sewer facilities.
(3)	The Town Board shall meet with the Planning Board and the applicant to review the sketch plan for the site and shall determine within 45 days of the Planning Board's request whether to authorize clustering and so notify the Planning Board. Such authorization to the Planning Board shall include any specific conditions established by the Town Board.
(4)	Where it deems appropriate, the Town Board may require the Planning Board to consider only a cluster development for a particular parcel, in which case the Town Board shall identify such parcel and inform the Planning Board of its determination.
(5)	In addition to approving a subdivision in accordance with Chapter 272, Part 2, of the Town Code, the Planning Board shall approve a site plan for the location of each house in accordance with site plan approval requirements (Article VIII of this chapter) of the Town Code. Subdivision and site plan review may proceed simultaneously.

Common areas.

(1)

Common areas consisting of forever-green open space land, recreation facilities, parking areas, access drives, drainage and utility areas or structures created as part of the cluster development and not dedicated in fee simple to the Town of Woodbury shall be in one of the following forms of ownership:

(a)	Condominium or cooperative approved by the Town Board and State Attorney General's office.
(b)	A homeowners' association approved by the Town Board.
(c)	Any other arrangement approved by the Town Board as satisfying the intent of this section.

(2)

Whenever a homeowners' association is proposed, the Town Board shall retain the right to review and approve the articles of incorporation and charter of said homeowners' association and to require whatever conditions it shall deem necessary to ensure that the intent and purpose of this section are carried out. In consideration of said approval, the Town Board shall, in part, require the cluster development to meet the following conditions:

(a)

The homeowners' association shall be established as an incorporated, not-for-profit corporation operating under recorded land agreements through which each lot owner and any succeeding owner is automatically a member and each lot is automatically subject to a charge for a proportional share of the expenses for the corporation's costs.

(b)

Title to all common property shall be placed in the homeowners' association or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of time.

(c)

Each lot owner(s) shall have equal voting rights in the association and shall have the right to the use and enjoyment of the common property.

(d)

Once established, all responsibility for operation and maintenance of the common land and facilities approved at the time of final site plan or subdivision approval shall lie with the homeowners' association. Under no circumstances shall said association approve any alteration or use or construction of structures in the common areas except in accordance with the site plan or subdivision approved by the Planning Board.

(e)

Dedication of all common areas shall be recorded on the subdivision plat or by reference on the plat to a dedication in a separately recorded document. Resubdivision of such area is prohibited. The dedication shall:

[1]	Reserve the title of the common property for the homeowners' association free of any cloud of implied public dedication.
[2]	Commit the developer to convey the areas to the homeowners' association at an approved time.
[3]	Grant easements of enjoyment over the area to the lot owners.
[4]	Give to the homeowners' association the right to borrow for improvements upon the security of the common areas.
[5]	Give to the homeowners' association the right to suspend membership rights for nonpayment of assessments or infraction of published rules.

Improvements. No structure or building shall be constructed nor a stream or water body altered nor other major physical or topographical alterations made to common areas, including forever-green areas, except with consent of the Planning Board. No such consent shall be given unless it appears that the proposal to so develop the forever-green open space is consistent with the concept of keeping the open space in its natural state and is agreed upon by a majority of the directors of the homeowners' association, who have made their decision after holding a meeting of the membership of the homeowners' association called for such purpose after giving written notice thereof to each member.

Deed provisions. Each deed to each lot sold shall include by reference all recorded declarations, such as covenants, restrictions, easements, charges and liens, dedications and other restrictions, including assessments and the provision for liens for nonpayment of such.

Homeowners' association. The homeowners' association shall be perpetual and shall purchase insurance, pay taxes, specify in its charter and bylaws an annual homeowners' fee, provide for assessments and establish that all such charges become a lien on each property in favor of said association. The homeowners' association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction.

Dedication of common areas. The developer shall convey the common areas to the homeowners' association required to be established pursuant to the Rules and Regulations of the New York Attorney General for Homeowners' Associations.

Performance bond. Prior to site plan approval, the developer shall file with the Town Board a performance bond to ensure the proper installation of all utilities, drainage, road recreation and park improvements shown on the site plan and a maintenance bond to ensure the proper maintenance of all common lands until the homeowners' association assumes responsibility. The amount and period of said bonds shall be determined by the Planning Board, and the form, sufficiency, manner of execution and surety shall be approved by the Town Board.

Compliance with Open Space Administration Local Law. Prior to final approval of any cluster development, the developer shall be required to comply with Chapter 215 of the Code of the Town of Woodbury, entitled "Open Space Administration," including the formation of a park district, offers of dedication of open space, title insurance and anything necessary to implement the open space program.

[Added 11-3-2005 by L.L. No. 7-2005; amended 7-6-2006 by L.L. No. 5-2006]

Introduction and creation of overlay district.

(1)

This section is enacted under the authority of §§ 261-b and 278 of the Town Law and § 10 of the Municipal Home Rule Law. There is hereby established a Conservation Cluster Development Overlay Zoning District, which shall be coterminous with the boundaries of the R-1A, R-2A, and R-3A Residence Districts. Within such overlay zone, the Town Board may authorize a conservation cluster development according to the procedures and requirements specified below. The Town Board, if it determines in its legislative discretion to designate a particular site for a conservation cluster development, may, in its discretion, place whatever reasonable conditions upon a project that it deems necessary.

(2)

Only lands meeting the eligibility criteria in Subsection C below may be considered for designation for conservation cluster development. However, compliance with the eligibility requirements in no way compels the Town Board to make such designation. A designation for conservation cluster development is a determination within the legislative discretion of the Town Board. The Town Board shall have the right to reject any application for conservation cluster development at any time prior to making its final designation of a site.

Purpose. The primary purpose of the Conservation Cluster Development Overlay District is to provide a mechanism and incentive, pursuant to the authority of Town Law § 261-b, for development of cluster subdivisions or developments which permanently preserve larger tracts of open space than conventional cluster subdivisions or developments, and place ownership and control of such open space with the Town or its designated public entity or conservation land trust organization, which the Town Board determines will implement the Town's open space and natural resource policies by establishing or contributing to any one or more of the purposes set forth below, which are hereby found to be important community benefits and amenities:

(1)	To implement one or more of the Town open space and natural resource policies.
(2)	To secure permanent preservation of critical mass(es) of open space which the Town Board determines to be in the Town's interests to preserve.
(3)	To preserve important stream corridors, wetlands, water bodies, recharge areas, wellhead protection areas, ridgelines, slopes, or scenic vistas that contribute to the Town's open space and natural resource system.
(4)	To provide internal open space and buffers within and around residential neighborhoods, as well as greenbelts and essential links between open space areas.
(5)	To enhance the mix of housing opportunities, particularly for "active adults" (age 55 plus); first-time homebuyers and young professionals and pursuant to recommendations of the County Planning Department to encourage inclusion of senior citizen housing.
(6)	To reduce sprawl and implement the quality community and smart growth objectives.
(7)	To minimize impacts on the land by reducing the amount of clearing and regrading required for a conventional plat.
(8)	To protect important environmental, historic, or prehistoric resources.
(9)	To increase opportunities for passive recreation and enjoyment of natural settings.
(10)	To otherwise fulfill the purposes of cluster development as otherwise set forth in § 310-31 while also permanently preserving larger tracts of open space than conventional cluster subdivisions or development.

Applicability and eligibility requirements.

(1)

To be eligible for designation as a conservation cluster development, a site must meet the following minimum requirements:

(a)	The proposed conservation cluster development site must be a minimum of 125 contiguous acres. For purposes of this requirement, land may be considered contiguous land even if it may be separated by a road, provided it is in common ownership or control. Land which, in the Town Board's judgment, contains substantial existing development which would impair the ability to preserve significant critical mass(es) of open space shall not be considered to comply with this eligibility requirement.
(b)	A conservation cluster development must be served by a central water and sewer system approved by the Town Board.
(c)	A conservation cluster development must preserve at least 20% of the total gross land area of the conservation cluster development as open space as defined in Subsection G(1) below, and is encouraged to provide more than that as provided in Subsection D(2) below,
(d)	Cluster development that does not meet the eligibility requirement set forth in Subsection C(1)(a), (b) and (c) may be permitted on a site of 15 acres or more in accordance with § 310-31 (standard cluster development).

(2)

Compliance with the eligibility requirements in no way compels the Town Board to designate the site for conservation cluster development.

Type and number of residences permitted; lot sizes.

(1)

The types of residential units that may be permitted in a conservation cluster development are single-family detached dwellings. Property presently in the R-1-A, R-2-A or R-3-A Zoning District, which is hereafter designated for senior housing development (SH), may also be included, if approved by the Town Board, in a conservation cluster development. Portions of a conservation cluster development designated for senior citizen housing may include single-family detached or semi-detached dwellings. A semi-detached dwelling is one which has a common wall, floor or ceiling with only one other unit.

(2)

The maximum number of residential lots and residences that may be approved by the Planning Board in a conservation cluster development shall be determined by the following calculation:

(a)

From the total project area included in the application, deduct the following areas of wetlands and steep slopes to get the net developable area (Note: Deductions for wetland and steep slopes should not be applied twice to the same acreage. If an area is deducted for one physical factor, it should not be deducted again for the other physical factor.):

Percent of Total Project Area to be Open Space as per G-1 Herein	Percent of Wetlands to be Deducted from Total Project Area	Areas with Steep Slopes to be Deducted from Total Project Area
20% or more	80%	All slopes over 25% grade
25% or more	70%	All slopes over 30% grade
30% or more	50%	All slopes over 35% grade
35% or more	30%	All slopes over 40% grade
40% or more	10%	All slopes over 45% grade

(b)

From the net developable area as calculated in Subsection D(2)(a) above, deduct the following percentage of the area to be developed [net of the protected open space in Subsection G(1) to account for roads, drainage features and utilities: 7.5% in R-2A and R-3A; and 10% in R-1A and RSH.

(c)

The net acreage remaining after the deductions in Subsection D(2)(a) and (b) above shall be divided by the minimum lot size permitted for one-family dwellings in the appropriate zoning district, i.e., three acres in R-3A, two acres in R-2A, and 30,000 square feet in R-1A (assumes central water and sewer). This calculation shall determine the permitted number of dwelling units in the entire conservation cluster development, including any portion of the project devoted to senior housing. No increase in permitted number of units above that provided in this section shall be allowed for senior housing units. Lot size for all housing units, including senior units, shall be as set forth in Subsection D(4) below. Section 310-36 shall determine permissible lot size, but not overall density.

(d)

Any existing dwelling on the proposed conservation cluster development site that is proposed to remain shall be counted as part of the total permitted unit count.

(3)

In a conservation cluster development, the above calculation is to be applied in lieu of a standard yield layout.

(4)

Lot sizes and bulk guidelines. This section does not include specific bulk requirements. The Conservation Cluster Development Overlay District is intended to be flexible in order to create conservation cluster developments that are responsive to the purpose of this section and reflect the characteristics of the land. Once the yield calculation is determined by the Town Board, in order to facilitate the preservation of open space, the conservation cluster permits lot sizes smaller than the underlying zoning. In reviewing plans for conservation cluster development the Planning Board shall be guided by the bulk requirements of the zoning district below the designated district in which the property lies except for minimum lot size, i.e., property in R-3A use bulk requirements of R-2A; R-2A use bulk requirements of R-1A; R-1A use requirements of R-0.25. The distance between buildings, including lot frontage, shall follow generally accepted planning practice and contemporary neighborhood design. In order to minimize site disturbance and fit development into the terrain in conservation cluster developments, building height shall be measured from the average grade at building foundation.

(a)	Minimum lot sizes in a conservation cluster shall be one acre (43,560 square feet) in R-3A; 30,000 square feet in R-2A; and 15,000 square feet in R-1A. If a portion of the conservation cluster is designated for senior housing under the SH Zoning District, minimum lots sizes for such senior housing shall be as established in § 310-36.
(b)	Maximum size of structures shall be established by the Planning Board acting as the Architectural Review Board during site plan review. Said building size limits are intended to assure that the scale of residential structures is in proportion to the size of the lots.
(c)	In order to minimize site disturbance and to fit development into the terrain, the Planning Board may vary minimum Town street specifications on private streets and driveways with regard to right-of-way, cul-de-sac length, sidewalk, pavement width, driveway grade and/or curb design, provided that the Planning Board finds street and driveway design is acceptable and streets can be properly maintained, after seeking advice from the Highway Superintendent and the Emergency Services Organizations (ESO). However, in varying said specifications, there shall be no shared driveways.
(d)	Further, the Town Board may adopt design guidelines as part of the conditions of authorizing the Planning Board to proceed with its subdivision, site plan, and any special permit reviews, as set forth in Subsection E(5) below.

Procedures for designation of conservation cluster development sites.

(1)

Application. The applicant shall apply directly to the Town Board under this section, setting forth the manner in which the proposal meets the purposes of this section, and setting forth the specific benefits to the Town proposed.

(2)

Evaluation by the Town Board. In making its determination on whether to authorize the conservation cluster development, the Town Board shall give consideration to the criteria outlined in the introduction to § 310-31.1A and B above. The Town Board shall evaluate the request in the same manner as any legislative amendment of the Zoning Map, giving consideration to the provisions of this section, the Town Master Plan, the Town's open space policies, present and anticipated open space and infrastructure needs, and any other relevant policy considerations. The Town Board shall refer the application to the Town Planning Board, the County Planning Department, and the Town's consultants for review and recommendation. A public hearing shall be held on the proposed designation of any site for conservation cluster development, upon public notice of at least five days in the official newspaper of the Town. The applicant shall submit a site-specific SEQR analysis of all potential impacts of the proposed development project, including, without limitation, impacts on transportation, water supply, waste disposal, fire protection, affordable housing, public facilities, resources and environmental quality, and compatibility with the area. The Town Board shall conclude the SEQR process prior to any final approval to designate a conservation cluster development site.

(3)

Decision. After considering the above factors, and any other relevant material, the Town Board shall determine whether the designation of the proposed site for a conservation cluster development is in the interests of the Town, and may approve an application which it determines to be in the interests of the Town. This decision shall be deemed an action within the Board's legislative discretion.

(4)

Matters addressed in Town Board designation. Upon designation of a site for conservation cluster development, the Town Board shall:

(a)	Cause the Town Zoning Map to be amended to show the designation of the site for conservation cluster development.
(b)	Confirm the calculation of maximum permitted dwelling units as provided in Subsection D(2) herein.
(c)	Specify the open space it determines to meet the standards of Subsection G(1), the proposed use and ownership thereof, whether by the Town or other designated public entity or conservation or land trust organization, and any proposed conditions on use of such property. The Town Board may authorize the Planning Board to adjust the boundaries of the open space during its subdivision review and, if so, shall specify the extent of the Planning Board's authority and any modifications which would require the Town Board's consent.
(d)	Specify the water or sewer infrastructure improvements to be made for the benefit of the Town, including any conditions on time of completion, ownership, phasing, or similar factors, and specify any facilities to be located within the designated open space, provisions for future maintenance, and any conditions relating thereto.
(e)	Specify any further conditions that it deems appropriate relating to mitigating identified impacts disclosed in the SEQR process, minimizing impacts of the project on surrounding properties, or otherwise relating to the proposed project design, features, or operations.

(5)

Planning Board authority after Town Board designation. In addition to reviewing a subdivision plat in accordance with Chapter 272, Part 2, of the Town Code, the Planning Board shall review a site plan for the location of each house in accordance with site plan approval requirements (Article VIII of this chapter) of the Town Code, and any special permits for senior housing, together with any other approvals required. Subdivision, special permit, and site plan review may proceed simultaneously.

Common areas. All provisions regarding common areas and homeowners' association and open space other than that defined in Subsection G(1) shall be the same as § 310-31, except as otherwise specified below.

(1)	The conservation cluster shall provide for a means of maintenance that is financed by the homeowners, in a manner other than tax revenue. Said instrument shall be approved by the Town Board.
(2)	Improvements. No structure or building may be constructed nor a stream or water body altered nor other major physical or topographical alterations made to common areas, including undisturbed forever-green areas, except with written consent of both the Planning Board and the body charged with maintaining common areas. No such written consent shall be given with regard to forever-green area unless it appears that the proposal to alter the forever-green open space is limited to clearance of dead or fallen trees, consistent with the concept of keeping the open space in its natural state, will not create a runoff or erosion and sediment control problem and will not otherwise create a safety or health problem and will not otherwise impact the aesthetic value of the forever-green space.
(3)	Dedication of common areas. The developer shall convey the common areas, other than those dedicated to the Town or other qualified body or agency as defined in Subsection G(1) to the homeowners' association required to be established pursuant to the rules and regulations of the New York Attorney General for Homeowners' Associations, or other body charged with maintaining common areas.

Open space.

(1)

Areas identified as part of or consistent with the goals of the Town's open space and natural resource policies and included to qualify for consideration under the dwelling unit calculation [Subsection D(2) herein] shall be dedicated, gifted or donated to the Town or other public entity or to recognized conservation or land trust organizations acceptable to the Town Board and qualified under Internal Revenue Service guidelines, together with conservation easements requiring that such lands shall remain forever green and undeveloped in perpetuity, except the Town Board in its sole discretion may authorize limited use of such land consistent with its environmentally sensitive features, unstable steep or delicate qualities. Such use of lands may include walking trails, birdwatching, fishing, and similar pedestrian activities, but in no case involving use of motorcycles, ATVs, or other motorized vehicles; and, in designated areas only in such locations as the Town Board may, without obligation, deem it appropriate, placement of project-related or public infrastructure improvements (utilities, water tanks, and the like), subject to proper screening and landscaping. Any authorization of use of any open space areas shall be limited under conditions the Town Board deems appropriate. In no case shall the Town Board approve paved surfaces within these open space areas. The Town Board shall also have authority to limit access and use, or prohibit access and use, to all or any portion of such open space areas, or to limit the days or hours of any permitted access and use, after considering all of the circumstances and the characteristics of the land. Said gifts or offers of dedication shall be filed with the Town in a form acceptable to the Town Attorney, prior to final plat being signed by the Planning Board Chairperson. Conservation easements meeting the standards of the New York State Environmental Conservation Law shall also be applied to said lands. All dedicated lands and conservation easements shall be irrevocable and applicable to all said land. The applicant for a conservation cluster development shall not be required to additionally comply with the Town's Open Space Administration Local Law (Chapter 215 of the Town Code) for the lands.

(2)

In addition to the lands defined above, the conservation cluster development may contain additional open space or common areas to be owned by a homeowners' association or other entity approved by the Town, which shall be subject to Chapter 215 of the Town Code [see Subsection F(3) above].

Performance bond. Before the commencement of any site work or issuance of any building permits for all or any phase of a development, the developer shall file with the Town Board a performance bond to ensure the proper installation of all utilities, drainage, road, recreation and park improvements shown on the site plan or subdivision. A maintenance bond to ensure the proper maintenance of all common lands until the appropriate body (homeowners' association, condominium or cooperative) assumes responsibility shall be filed with the Town. The amount and period of said bonds shall be determined in accordance with existing local law (Chapter 92).

Purpose. The purpose of the Limited Commercial District, as expressed in the Schedule of Zoning District Regulations, LC District, Editor's Note: Said schedule is included at the end of this chapter. is as follows: to accommodate limited business activity along portions of Route 32 in a manner that retains the existing residential character and architectural style and development intensity while also recognizing the appropriateness of highway commercial uses, provided that they conform to the character of established surrounding development. This district provides for an area of transition between residential and commercial districts.

Retail and personal service shops, as permitted in Item 9 under Special Permit Uses in the Schedule of Zoning District Regulations, LC District, are restricted as follows: retail shops limited to the sale of food, beverages and sundry products; pharmacies; and service businesses, such as but not limited to beauty shops, dry cleaners and travel agents, provided that:

(1)	Such uses shall be combined with at least two other special permit uses listed in Items 1-8 in the Schedule of Zoning District Regulations, LC District.
(2)	No single retail establishment shall exceed 8,000 square feet, except a supermarket, which shall not exceed 40,000 square feet.
(3)	Such development must include a food supermarket.

Where a home occupation is proposed to be located in a structure other than the principal structure on the property, a special permit shall be required from the Planning Board.

Any such business with a retail sales component shall have access to a state highway.

Retail sales shall be limited to products grown primarily on the premises.

No structure or portion of a structure devoted to retail sales shall exceed 300 square feet.

Fertilizers shall be stored in dry areas, away from walls, heat or open flame and above concrete floors.

Pesticide storage shall satisfy the following requirements:

(1)	Pesticide storage areas shall be structurally segregated from residential, office and general work areas; livestock quarters; food, feed or seed storage; and water supply sources, preferably in a separate building or shed.
(2)	The pesticide storage area shall have a continuous raised berm on all sides of the floor, and the berm and floor should be sealed to create a continuous impervious surface.
(3)	Spill-containment materials and fire extinguisher(s) appropriate for the pesticides stored shall be conveniently accessible in the pesticide storage area.
(4)	Personal safety equipment, such as gloves, aprons and respirators, appropriate for the pesticides stored and handled shall be available convenient to, but not within, the pesticide storage area.
(5)	The pesticide storage area shall be locked and prominently posted with pesticide storage warnings.
(6)	The local Fire Department shall be notified annually of the types and quantities of pesticides stored in the pesticide storage area.
(7)	Pesticides shall be segregated by function and hazard.
(8)	Areas where pesticides are mixed and equipment loaded or cleaned shall be appropriately bermed, with impermeable floors. The rinsate should be contained and reused for future mixing with the same concentrates. Indoor areas where concentrates are used should have adequate vapor venting.
(9)	Where pesticides are stored in bulk containers, storage areas shall have impermeable flooring and berms. Tanks should have locked inlet and outlet controls. Areas where tanks are kept should be secured by fences or indoor locked facilities. A containment system to collect precipitation surface runoff or spills is recommended, with at least 25% of the stored capacity of the storage system.
(10)	A water supply for emergency wash or eyewash and for routine wash-up should be located conveniently to the pesticide storage area. A quantity of water sufficient for an initial emergency wash within or immediately adjoining the pesticide storage area shall be provided.
(11)	A first-aid kit appropriately equipped for initial response to pesticide poisoning shall readily be available, but not within the pesticide storage area.
(12)	A state permit shall be secured where applicable.

The special permit shall require at least an annual inspection by the Fire Marshal or more frequent inspections at the discretion of the Fire Marshal.

A temporary special permit may be granted by the Zoning Board of Appeals for an additional dwelling for the use of a family member, provided that no exterior alterations are made to the principal dwelling; and upon the expiration of such permit, the dwelling shall be restored to its original one-family status.

[Added 3-20-1997 by L.L. No. 2-1997; amended 11-3-2005 by L.L. No. 8-2005; 7-6-2006 by L.L. No. 6-2006]

Purpose. The Town Board of the Town of Woodbury hereby finds and declares:

(1)	There is a need in the Town of Woodbury for housing located and designated to meet the special needs and habits of senior citizens to be known as "senior citizen housing." Such housing can contribute to the dignity, independence and meaningful activity of senior citizens in their retirement years. It is recognized that housing for the elderly, if not properly located, constructed and maintained, may be detrimental to the general welfare, health and dignity of the occupants of such developments and to the Town of Woodbury at large.
(2)	Senior citizens have different needs than the population as a whole. Senior citizens also need to be provided with a comfortable, independent and supportive setting where they can move when their current residence is no longer appropriate or desirable.
(3)	Senior citizen housing developments can be integrated into existing residential neighborhoods if properly planned, constructed and maintained. A senior citizen housing development that blends into the existing fabric of the community has a much higher degree of acceptance by neighbors, and the senior citizens who live there find it much easier to become a part of the community as a whole.
(4)	The Town of Woodbury has determined that the most appropriate means to fulfill the purposes of this section is to establish Senior Citizen Housing (SH) Districts by zoning amendment.
(5)	The purpose of the Senior Citizen Housing (SH) District is to enable the Town Board to permit senior citizen housing that satisfies the need for such developments in locations where they will provide an appropriate residential environment for seniors, but will not detract from surrounding land uses. Any use other than the uses specifically enumerated herein shall be prohibited in an SH Zone.
(6)	The SH Zoning District shall allow two types of senior citizen housing: (a) senior rental projects, and (b) for-sale, individually owned senior housing, both as provided herein. At the time of adopting any Zoning Map amendment to place property within the SH Zoning District, the Town Board may limit the permitted uses to one or the other, or a combination of both. The granting of authority to establish either type of senior citizen housing development within this zoning district shall be subject to the applicable conditions set forth below, including the issuance of a special permit by the Planning Board, the site plan review requirements of Article VIII of this chapter and such other reasonable conditions as the Planning Board, in its discretion, deems appropriate, and, in the instance of a senior housing component in a conservation cluster development, the authorization of the such clustering by the Town Board under the provisions of § 310-31.1.

Applicability.

(1)	All senior citizen housing shall be located so that public facilities, including central water supply and central sewage disposal and fire protection, are available or some alternative means acceptable to the Planning Board and the Town's consulting engineer.
(2)	Senior citizen housing sites shall provide residents with reasonable access to such conveniences and facilities as public transportation, hospital and medical services, shopping, banking facilities, drugstores, religious, cultural and recreational facilities and personal services.
(3)	The minimum area for a senior citizen housing site shall be 10 acres. The maximum area of site designated for such housing shall be 20 acres. The minimum area for a senior citizen development containing for-sale, individually owned housing, or a combination of for-sale and rental units, shall be 20 acres. The maximum area shall be 50 acres.

Uses.

(1)

Permitted uses. Senior housing needs vary depending upon an individual's age and health. A common prerequisite is a comfortable, independent and supportive setting to which one can move when one's residence is no longer appropriate or desirable. Developments in a Senior Citizen Housing District may be one of the following in order to encourage a variety of dwelling types:

(a)

Rental housing development.

[1]

The following dwelling types are permitted in a rental project in a SH District:

[a]	Semi-attached two-family dwellings.
[b]	Townhouses.
[c]	Apartments.
[d]	Congregate housing.
[e]	Any combination of the above.

[2]

All such units shall be available for rent or lease. No sale units are to be permitted.

(b)

For-sale, individually owned housing development. The following dwelling types are permitted in a for-sale, individually owned housing project in the SH District: detached single-family dwellings or semi-detached single-family dwellings. All such units shall be offered for sale. Within 30 days of the sale of a dwelling, the HOA will provide the Building Department with verification that the new owner or owners meet the age-restricted requirement.

(2)

General requirements.

(a)

The occupancy for a senior citizen housing development shall be limited to persons who are 55 years of age or older with the following exceptions:

[1]

A husband or wife under the age of 55 years who is residing with his or her spouse who is of the age of 55 years.

[2]

Adults under the age of 55 years will be admitted as permanent residents if it is established that the presence of such persons is essential for the physical care or economic support of the eligible older occupant or occupants.

[3]

Maximum occupancy shall be four persons per dwelling unit.

[4]

Certifying documentation of the requirements of this section shall be provided in the following forms:

[a]	A certificate of occupancy shall be required for each dwelling unit in a senior citizen housing development, and said certificate shall only permit occupancy in accordance with the requirements as stated herein.
[b]	A certificate of compliance shall be filed for each unit occupied. It shall be the duty of the owner or his/her agent to file a certificate of compliance with the Town Building Inspector indicating compliance with this section and this chapter, as amended, as to its requirements relating to the number of occupants and the age of the occupants in each dwelling unit. The certificate shall be filed for each dwelling unit within 30 days after its initial occupancy. A new certificate shall be filed within 30 days after any change of occupancy.
[c]	In the case of rental projects, the applicant and/or owners of a development under this section shall file with the Building Inspector before the first Monday in December of each calendar year of operation a report on forms supplied by the Building Inspector for compliance with all provisions of this section. In the case of for-sale, individually owned housing projects, the Planning Board, prior to the signing of any subdivision plat, shall assure that proper restrictive covenants or other sufficient assurance of continued limitation on use under this section is recorded simultaneously with the subdivision plat. All building permits and certificates of occupancy for owner-occupied senior housing under this section shall provide that occupancy is limited under the provisions of this section.

(b)

First preference for dwelling units in a senior citizen housing development shall be given to existing residents of the Town of Woodbury or employees of the Town of Woodbury; second preference shall be given to relatives of Woodbury residents; third preference shall be given to residents of the Monroe-Woodbury School District or the Cornwall School District; fourth preference shall be given to other residents of Orange County. Proof of residency, such as a driver's license or voter registration card, will be accepted to determine residency.

(c)

Every renter of a senior citizen dwelling unit shall certify on a form provided by the Town that he/she is renting said unit for his/her primary place of residence. Renters of senior citizen housing units shall not be permitted to lease or sublease said units to other parties. This will be enforced by a lease restriction. The developer may not rent any unit without first obtaining such certificate from the tenant.

(d)

Housing units offered for rent for senior citizens in the SH District may be rented at any time following the date of original lease. However, the rental shall not exceed a rent that equals the original rental, plus the increase in the cost-of-living index for the region as determined by the United States Department of Labor consumer price index (CPI) between the date of original rental and the date of rerental. Base rental rates shall be established by the Town Board. If the initial rental rate exceeds the preestablished average rental for one-bedroom and two-bedroom units by up to $100, then 25% of the units in each respective category (one-bedroom and two-bedroom) shall carry rents that are 25% below the average rentals. If initial average rents exceed the preestablished average by between $100 and $200, 25% of the units shall carry rents that are 30% below the average. If initial average rents exceed the preestablished average by more than $200, 25% of the units shall carry rents 35% below the average.

(e)

No dwelling unit shall contain more than two bedrooms.

(f)

Senior citizen housing developments shall preserve, to the greatest extent possible, mature trees, rock outcrops, slopes, wetlands and stream corridors.

(g)

Sites shall emphasize pedestrian circulation and shall provide a safe and reasonable system of drives, service access and parking conveniently accessible to all occupants. Sidewalks shall link parking lots, transit stops and buildings on site and with adjacent properties.

(h)

In a senior citizen housing rental project, maximum density shall be four dwelling units per buildable acre as defined under "lot area" herein. In a senior citizen for-sale, individually owned housing project, minimum lot size for detached single-family homes shall be the same as the R-0.25 Zoning District. This lot size shall also be used for determining permitted lot size in a conservation cluster development, as further set forth in § 310-36D(2), below. However the permitted number of units in a conservation cluster development, whether it contains a senior housing development component or not, shall be determined under the provisions of § 310-31.1. No increase in permitted number of units above that provided in § 310-31.1 shall be allowed for senior housing units.

(i)

Exterior architectural features shall be of a quality, character, compatibility and appearance that is in harmony with the surrounding neighborhood and the Town of Woodbury and will not adversely affect the general welfare of the inhabitants of the Town. The Architectural Review Board shall be responsible for the review and recommendations of such exterior architectural features.

(j)

For rental projects, an area equivalent to approximately 5% of the total floor area in residential units may be set aside for community space, including lounges, workshops, game rooms and other facilities designed for the residents. This space may be part of a residential structure or as a separate structure.

(k)

Signs shall be permitted in accordance with Town sign regulations (§ 310-30 herein) with the following exceptions:

[1]	A maximum of two on-premises signs identifying the senior citizen housing development shall be permitted. The signs can be either freestanding or attached to a structure.
[2]	The total combined area of both senior citizen housing development signs shall not exceed 20 square feet. Such signs shall not exceed six feet in height and must be set back at least 15 feet from a public right-of-way.

(l)

Each dwelling unit shall be equipped with a fire alarm system that provides an exterior light designating the unit initiating the alarm. The system shall have an exterior alarm and shall be approved by the Town's Fire Marshal. Fire alarm systems shall also be provided for all common areas (i.e., halls, recreation areas, service areas and so on). An external fire warning light should be on the face of the building that is visible from the street for each building.

Design standards.

(1)

In a rental senior citizen project, any development approved under this section shall follow the standards set forth in § 310-27, Landscaping, screening and buffer regulations, and Article VIII, Site Plan and Special Permit Review and Approval, of this chapter, as well as the following standards:

(a)

The design of the senior citizen housing development shall be compatible with the design of the surrounding neighborhood.

(b)

The following dimensional requirements are applicable to all developments in the SH District created by this section:

[1]

Minimum lot size: 10 acres; maximum lot size: 20 acres.

[2]

Minimum lot width: 150 feet.

[3]

Minimum front yard setback from adjoining right-of-way:

[a]	State and county: 50 feet.
[b]	Town: 40 feet.

[4]

Minimum building setbacks from adjoining properties:

[a]

R-1A/R-0.25A/BB/LC/CR:

[i]	Side: 50 feet.
[ii]	Rear: 50 feet.

[b]

R-2A:

[i]	Side: 100 feet.
[ii]	Rear: 100 feet.

[5]

Maximum building height: two stories or 35 feet.

[6]

Maximum site coverage: 20%.

[7]

If more than one structure is proposed, the minimum distance between buildings shall be determined at the time of site plan approval by the Planning Board. Consideration shall be given to fire access, solar orientation, building massing and other relevant factors in determining any appropriate distance between buildings.

[8]

Off-street parking.

[a]

Minimum on-site off-street parking shall be provided pursuant to the following formula:

	Use	Parking Space
	Per dwelling unit	2.00
	Overflow/Visitor parking	0.50
	Superintendent	2.00
	Staff (per person)	0.50

[b]

Overflow parking area specifications shall be designated by the Town Engineer. All other parking areas shall be curbed, striped and have direction of travel lane painted over blacktop. Minimum paving specifications shall be designated by the Town Engineer of the Town of Woodbury. Parking areas shall be landscaped as required in this chapter (§ 310-27). The Planning Board may waive or postpone the actual paving of up to 25% of the spaces assigned to dwellings. No parking may be permitted within the front yard.

[9]

In Senior Citizen Housing Districts, all construction must conform to the New York State Multiple Dwellings Law, as appropriate, the New York State Energy Conservation Construction Code and the New York State Uniform Fire Prevention and Building Code, as may be amended from time to time.

(2)

In a senior citizen for-sale, individually owned housing project, the lot size and bulk provisions of the R-0.25 Zoning District shall apply. Where detached senior units are a part of a conservation cluster development, the lot size shall not be less than that set forth in the R-0.25 Zoning District. Where semi-detached senior citizen units are part of a conservation cluster development project, the Planning Board may reduce the minimum lot size, for semi-detached units only, by not more than 25% where it finds that such reduction, taking into account the physical features of the land, and the nature of the proposed dwellings, is conducive to a more appropriate layout. These reductions shall be subject to the further limitation that the Planning Board shall not allow lot size reductions for any more than 25% of the total number of lots allocated for senior units in the project.

Senior Citizen Housing Advisory Committee. The Town Board shall appoint a committee of from three to five persons who shall serve at the pleasure of the Town Board to advise the Town Board on rent policy and guidelines and to monitor and administer the Senior Citizen Housing Program.

[Added 10-15-1998 by L.L. No. 11-1998]

Purpose. This section is intended to regulate uses which, because of their very nature, are recognized as having serious objectionable operations and characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.

Regulated uses; restrictions.

(1)

Regulated uses include all adult uses, which include, but are not limited to, the following:

(a)	Adult bookstores.
(b)	Adult motion-picture theaters.
(c)	Adult mini motion-picture theaters.
(d)	Adult entertainment cabarets.

(2)

Adult uses shall be permitted subject to the following restrictions:

(a)	No such adult uses shall be allowed within 1,500 feet of another existing adult use or approved site for such use.
(b)	No such adult use shall be located within 1,500 feet of any zoning district which is zoned for residential use.
(c)	No such adult use shall be located within 1,500 feet of a preexisting school or place of worship.
(d)	No such adult use shall be located in any zoning district except an IB-zoned area.

Registration with Town Clerk required.

(1)

The owner of a building or premises, his agent for the purpose of managing, controlling or collecting rents or any other person managing or controlling a building or premises, any part of which contains an adult use, shall register with the Town Clerk of the Town of Woodbury the following information:

(a)	The address of the premises.
(b)	The name of the owner of the premises and the names of the beneficial owners if the property is in a land trust.
(c)	The address(es) of the owner and the beneficial owners.
(d)	The name(s) of the owner and the beneficial owners.
(e)	The name(s) of the owner, beneficial owner or the major stockholders of the business or the establishment subject to the provisions of this section.
(f)	The address of those persons named in Subsection C(1)(e).
(g)	The date of initiation of the adult use.
(h)	The nature of the adult use.
(i)	If the premises or building is leased, a copy of said lease must be attached.

(2)

It is unlawful for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate an adult use without first having properly registered and received certification of approved registration.

(3)

The owner, manager or agent of a registered adult use shall display in a conspicuous place on the premises a copy of the registration form approved by the Town Board of the Town of Woodbury.

Exterior display prohibited. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.

Severability; penalties for offenses.

(1)	If any provision of this section or the application of any provision to any item in this section is held invalid, the invalidity of that provision or application shall not affect any of the other provisions or the application of those provisions to other items in this section.
(2)	Any person violating any of the provisions of this section shall be fined not less than $50 nor more than $250 for each offense and may, in addition to any such fine, be imprisoned for a term not to exceed six months; each day such violation shall continue shall be regarded as a separate offense.

Site plan and special permit required. Any use permitted by this section shall be deemed a special permit use and shall be treated as all other special permit uses in the manner set forth in § 310-45, including the holding of a public hearing. All such uses shall qualify for a special permit use from the Planning Board after complying with the guiding principles and standards set forth in § 310-45 of this chapter.

[Added 9-23-1999 by L.L. No. 8-1999]

Purpose and legislative intent. The Telecommunications Act of 1996 affirmed the Town of Woodbury's authority concerning the placement, construction and modification of wireless telecommunications facilities. The Town Board of the Town of Woodbury finds that wireless telecommunications facilities may pose a unique hazard to the health, safety, public welfare and environment of the Town of Woodbury and its inhabitants. The Town Board also recognizes that facilitating the development of wireless service technology can be an economic development asset to the Town and of significant benefit to the Town and its residents. In order to ensure that the placement, construction or modification of wireless telecommunications facilities is consistent with the Town's land use policies, the Town Board is adopting a single, comprehensive wireless telecommunications facilities application and permit process. The intent of this local law is to minimize the negative impact of wireless telecommunications facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety and welfare of the Town of Woodbury.

Definitions; word usage. For purposes of this law, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

ACCESSORY FACILITY OR STRUCTURE — An accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities and located on the same property or lot as the wireless telecommunications facilities, including but not limited to utility or transmission equipment storage sheds or cabinets.

APPLICANT — Any person submitting an application to the Town of Woodbury for a special permit for wireless telecommunications facilities.

APPLICATION — The form approved by the Board, together with all necessary and appropriate documentation that an applicant submits in order to receive a special permit for wireless telecommunications facilities.

ANTENNA — A system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include but are not limited to radio, television, cellular, paging, personal communications services (PCS), and microwave telecommunications.

BOARD — The Planning Board of the Town of Woodbury.

COLLOCATION — The use of the same telecommunications tower or structure to carry two or more antennas for the provision of wireless services by two or more persons or entities.

COMMERCIAL IMPRACTICABILITY OR COMMERCIALLY IMPRACTICABLE — Shall have the meaning in this section and any special permit granted hereunder as is defined and applied under the New York Uniform Commercial Code (UCC).

COMPLETED APPLICATION — An application that contains all information and/or data necessary to enable the Board to evaluate the merits of the application, and to make an informed decision with respect to the effect and impact of wireless telecommunications facilities on the Town in the context of the permitted land use for the particular location requested.

DIRECT-TO-HOME SATELLITE SERVICES OR DIRECT BROADCAST SERVICE OR "DBS" — Only programming transmitted or broadcast by satellite directly to subscribers' premises without the use of ground-receiving equipment, except at the subscribers' premises or in the uplink process to the satellite.

EAF — The environmental assessment form approved by the New York Department of Environmental Conservation.

EPA — The State and/or Federal Environmental Protection Agency or its duly assigned successor agency.

FAA — The Federal Aviation Administration or its duly designated and authorized successor agency.

FCC — The Federal Communications Commission or its duly designated and authorized successor agency.

FREESTANDING TOWER — A tower that is not supported by guy wires and ground anchors or other means of attached or external support.

HEIGHT — When referring to a tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna.

NIER — Nonionizing electromagnetic radiation

PERSON — Any individual, corporation, estate, trust, partnership, joint-stock company, association of two or more persons having a joint common interest, or any other entity.

PERSONAL WIRELESS FACILITY — See the definition for "wireless telecommunications facilities."

PERSONAL WIRELESS SERVICES OR "PWS" OR "PERSONAL TELECOMMUNICATIONS SERVICE" OR "PCS" — Shall have the same meaning as defined and used in the 1996 Telecommunications Act.

SPECIAL PERMIT — The official document or permit by which an applicant is allowed to construct and use wireless telecommunications facilities as granted or issued by the Town. This will include a site plan.

STATE — The State of New York.

TELECOMMUNICATIONS — The transmission and reception of audio, video, data and other information by wire, radio frequency, light and other electronic or electromagnetic systems.

TELECOMMUNICATIONS SITE — See the definition for "wireless telecommunications facilities."

TELECOMMUNICATIONS STRUCTURE — A structure used in providing the services described in the definition of "wireless telecommunications facilities."

TEMPORARY — In relation to all aspects of this law, something intended to, or that does, exist for fewer than 90 days.

TOWN — The Town of Woodbury, New York.

VISUAL EAF — A visual environmental assessment form.

WIRELESS TELECOMMUNICATIONS FACILITIES OR TELECOMMUNICATIONS TOWER OR TELECOMMUNICATIONS SITE OR PERSONAL WIRELESS FACILITY — A structure, facility or location designed or intended to be used as, or used to support, antennas. It includes, without limit, freestanding towers, guyed towers, monopoles and similar structures that employ camouflage technology, including, but not limited to structures such as a multistory building, church steeple, silo, water tower, sign or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such. It is a structure intended for transmitting and/or receiving radio, television, cellular, paging, personal telecommunications services, or microwave telecommunications, but excluding those used exclusively for fire, police and other dispatch telecommunications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar telecommunications.

Policy and goals for special permits. In order to ensure that the placement, construction and modification of wireless telecommunications facilities protects the Town's health, safety, public welfare, environmental features and other aspects of the quality of life specifically listed elsewhere in this law, the Town Board hereby adopts an overall policy with respect to a special permit for wireless telecommunications facilities for the express purpose of achieving the following goals:

(1)	Implementing an application process for person(s) seeking a special permit for wireless telecommunications facilities.
(2)	Establishing a policy for examining an application for issuing a special permit for wireless telecommunications facilities that is both fair and consistent.
(3)	Establishing reasonable time frames for granting or not granting a special permit for wireless telecommunications facilities, or recertifying or not recertifying or revoking the special permit granted under this law.
(4)	Promoting and encouraging, wherever possible, the sharing and/or collocation of wireless telecommunications facilities among service providers.
(5)	Promoting and encouraging, wherever possible, the placement, height and quantity of wireless telecommunications facilities in such a manner as to minimize adverse aesthetic impacts to the land, property, buildings and other facilities adjacent to, surrounding and in general the same area as the requested location of such wireless telecommunications facilities.

Special permit application; other requirements.

(1)

All applications for a special permit for wireless telecommunications facilities or any modification of such facility shall comply with the requirements set forth in this section. The Board is the officially designated agency or body of the community to whom applications for a special permit for wireless telecommunications facilities must be made and that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying or revoking special permits for wireless telecommunications facilities. The Board may at its discretion, delegate or designate other official agencies of the Town to accept, review, analyze, evaluate and make recommendations to the Board with respect to the granting or not granting, recertifying or not recertifying or revoking special permits for wireless telecommunications facilities.

(2)

An application for a special permit for wireless telecommunications facilities shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different from the applicant, shall also sign the application. At the discretion of the Board, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.

(3)

Applications not meeting the requirements stated herein or which are otherwise incomplete may be rejected by the Board.

(4)

The applicant(s) shall include a statement in writing:

(a)

That the applicant's proposed wireless telecommunications facilities shall be maintained in a safe manner, and in compliance with all conditions of the special permit, without exception, unless specifically granted relief by the Board, in writing, as well as all applicable and permissible local codes, ordinances and regulations, including any and all applicable federal, state and county laws, rules and regulations;

(b)

That the construction of the wireless telecommunications facilities is legally permissible, including, but not limited to the fact that the applicant is authorized to do business in New York State.

(5)

No wireless telecommunications facilities shall be installed or constructed until the site plan is reviewed and approved by the Board pursuant to Article VIII, Site Plan and Special Permit Review and Approval, § 310-45, and the special permit has been issued.

(6)

All applications for the construction or installation of new wireless telecommunications facilities shall be accompanied by a report containing the information hereinafter set forth. The report shall be signed by a licensed professional engineer registered in the state. Where this section requires certification, such certification shall be by a licensed New York State professional engineer acceptable to the Board, unless otherwise noted, and will provide the Town a file copy of the engineer's license at time of filing the application. The application shall include, in addition to the other requirements for the special permit, the following information:

(a)	Documentation that demonstrates the need for the wireless telecommunications facility to provide service primarily within the Town.
(b)	Name, address and phone number of the person preparing the report.
(c)	Name, address and phone number of the property owner, operator and applicant, to include the legal form of the applicant.
(d)	Postal address and tax map parcel number of the property.
(e)	Zoning district or designation in which the property is situated.
(f)	Size of the property, stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines.
(g)	Location of nearest residential structure.
(h)	Location of nearest habitable structure.
(i)	Location, size and height of all structures on the property which is the subject of the application.
(j)	Location, size and height of all proposed and existing antennas and all appurtenant structures.
(k)	Type, locations and dimensions of all proposed and existing landscaping and fencing.
(l)	The number, type and design of the telecommunications tower(s) antenna(s) proposed and the basis for the calculations of the telecommunications tower's capacity to accommodate multiple users.
(m)	The make, model and manufacturer of the tower and antenna(s).
(n)	A description of the proposed tower and antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, color and lighting.
(o)	The frequency, modulation and class of service of radio or other transmitting equipment.
(p)	Transmission and maximum effective radiated power of the antenna(s).
(q)	Direction of maximum lobes and associated radiation of the antenna(s).
(r)	Applicant's proposed tower maintenance and inspection procedures and related system of records.
(s)	Certification that NIER levels at the proposed site are within the threshold levels adopted by the FCC.
(t)	Certification that the proposed antenna(s) will not cause interference with existing telecommunications devices.
(u)	A copy of the FCC license applicable for the use of wireless telecommunications facilities.
(v)	Certification that a topographic and geomorphologic study and analysis has been conducted and that, taking into account the subsurface and substrata, and the proposed drainage plan, the site is adequate to assure the stability of the proposed wireless telecommunications facilities on the proposed site.
(w)	Propagation studies of the proposed site and all adjoining proposed, in-service or existing sites.
(x)	The applicant shall disclose, in writing, any agreement in existence prior to submission of the application that would limit or preclude the ability of the applicant to share any new telecommunications tower that it constructs.

(7)

Unless waived by the Board, there shall be a preapplication meeting. The purpose of the preapplication meeting will be to address issues which will help to expedite the review and permitting process. A preapplication meeting may also include a site visit if required. Where the application is for the shared use of an existing telecommunications tower(s) or other high structure, the applicant should seek to waive any section or subsection of this law that may not be required. At the preapplication meeting, the waiver requests, if appropriate, will be decided by the Board. Costs of the Town's consultants to prepare for and attend the preapplication meeting will be borne by the applicant.

(8)

In the case of a new telecommunications tower, the applicant shall be required to submit a written report demonstrating its efforts to secure shared use of existing telecommunications tower(s) or use of existing buildings or other structures within the Town. Copies of written requests and responses for shared use shall be provided to the Board.

(9)

The applicant shall furnish written certification that the telecommunications facility, foundation and attachments are designed and will be constructed "as built" to meet all federal, state, county and local structural requirements for loads, including wind and ice loads.

(10)

The applicant shall submit a completed long-form EAF and a completed visual EAF addendum. The Board may require submission of a more detailed visual analysis based on the results of the visual EAF addendum.

(11)

If requested by the Board, the applicant shall furnish a visual impact assessment which shall include:

(a)	A zone of visibility map which shall be provided in order to determine locations where the tower may be seen.
(b)	Pictorial representations of "before" and "after" views from key viewpoints both inside and outside of the Town, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. The Board, acting in consultation with its consultants or experts, will provide guidance concerning the appropriate key sites at a preapplication meeting.
(c)	An assessment of the visual impact of the tower base, guy wires and accessory buildings from abutting and adjacent properties and streets.

(12)

Any representations made by the applicant to the Board, on the record, during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon by the Board.

(13)

The applicant shall, in a manner approved by the Board, demonstrate and provide in writing and/or by drawing how it shall effectively screen from view its proposed wireless telecommunications facilities' base and all related facilities and structures.

(14)

All utilities from wireless telecommunications facility sites shall be installed underground and in compliance with all laws, rules and regulations of the Town, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate. The Board may waive or vary the requirements of undergrounding installation of utilities whenever, in the opinion of the Board, such variance or waiver shall not be detrimental to the health, safety, general welfare and environment, including the visual and scenic characteristics of the area.

(15)

All wireless telecommunications facilities shall contain a demonstration that the facility be sited so as to have the least adverse visual effect on the environment and its character and the residences in the area.

(16)

Both the wireless telecommunications facility and any and all accessory or associated facilities shall maximize use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings.

(17)

At a telecommunications site, an access road and parking shall be provided to assure adequate emergency access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and vegetation-cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion as well as to provide proper drainage.

(18)

A person who holds a special permit for wireless telecommunications facilities shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted wireless telecommunications facilities in strict compliance with all current technical, safety and safety-related codes adopted by the federal government, state, county or Town, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsibly workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include but are not limited to construction, building, electrical, fire, safety, health and land-use codes. In the event of a conflict between any of the preceding, the more stringent shall apply.

(19)

A holder of a special permit granted under this section shall obtain, at its own expense, all permits and licenses required by applicable rules, regulations or laws and must maintain the same, in full force and effect, for as long as required by the Town or other governmental entity or agency having jurisdiction over the applicant.

(20)

With respect to this application process, the Board will declare itself lead agency, pursuant to the State Environmental Quality Review Act (SEQRA). Editor's Note: See Environmental Conservation Law Article 8. The Board shall conduct an environmental review of the proposed project in combination with its review of the application under this section.

(21)

An applicant shall submit to the Building Department the number of completed applications determined to be needed at the preapplication meeting. A copy of the application form shall be provided to the legislative bodies of all adjacent municipalities and to the Orange County Planning Department.

(22)

The applicant shall examine the feasibility of designing a proposed telecommunications tower to accommodate future demand for at least three additional commercial applications, for example, future collocations. The scope of this examination shall be determined by the Board. The telecommunications tower shall be structurally designed to accommodate at least three additional antenna arrays equal to those of the applicant and located as close to the applicant's antenna as possible without causing interference. This requirement may be waived, provided that the applicant, in writing, demonstrates that the provisions of future shared usage of the telecommunications tower is not technologically feasible or is commercially impracticable and creates an unnecessary and unreasonable burden, based upon:

(a)	The foreseeable number of FCC licenses available for the area;
(b)	The kind of wireless telecommunications facility site and structure proposed;
(c)	The number of existing and potential licenses without wireless telecommunications facility spaces/sites;
(d)	Available space on existing and approved telecommunications towers.

(23)

The applicant shall submit to the Board a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the Board. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special permit. The letter shall commit the new tower owner and their successors in interest to:

(a)	Respond within 60 days to a request for information from a potential shared-use applicant;
(b)	Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers;
(c)	Allow shared use of the new tower if another telecommunications provider agrees in writing to pay reasonable charges. The charges may include, but are not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity less depreciation and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

(24)

The holder of a special permit shall notify the Board of any intended modification of a wireless telecommunications facility and shall reapply to the Board to modify, relocate or rebuild a wireless telecommunications facility.

(25)

In order to better inform the public, in the case of a new telecommunications tower, the applicant shall, prior to the public hearing on the application, hold a "balloon test" as follows:

(a)	Applicant shall arrange to fly or raise upon a temporary mast, a minimum three-foot-diameter brightly colored balloon at the maximum height of the proposed new tower.
(b)	The dates, (including a second date, in case of poor visibility on the initial date) times and location of this balloon test shall be advertised by the applicant, at least seven and not more than 14 days in advance of the first test date in the Town's official newspaper.
(c)	The applicant shall inform the Board, in writing, of the dates and times of the test, at least 14 days in advance.
(d)	The balloon shall be flown for at least eight consecutive hours between 7:00 a.m. and 4:00 p.m. on the dates chosen.
(e)	The primary date shall be on a weekend, but the second date, in case of poor visibility on the initial date, may be on a weekday.

(26)

After construction and prior to receiving a certificate of occupancy, the applicant shall furnish written certification that the wireless telecommunications facilities are grounded and bonded so as to protect persons and property and installed with appropriate surge protectors.

Location of facilities.

(1)

Applicants for wireless telecommunications facilities shall locate, site and erect said wireless telecommunications facilities in accordance with the following priorities, one being the highest priority and six being the lowest priority: [Amended 4-3-2003 by L.L. No. 2-2003]

(a)	One: on existing telecommunications towers.
(b)	Two: collocation on a site with existing wireless telecommunications facilities or structures.
(c)	Three: on other tall structures not located in residential areas.
(d)	Four: on municipally owned property not located in residential areas.
(e)	Five: on municipally owned property in any area in the Town with the exception of school buildings.
(f)	Six: on any other property in the Town.

(2)

If the proposed property site is not the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.

(3)

An applicant may not bypass sites of higher priority by stating that the site presented is the only site leased or selected. An application shall address collocation as an option, and, if such option is not proposed, the applicant must explain why collocation is commercially or otherwise impracticable. Agreements between providers limiting or prohibiting collocation shall not be a valid basis for any claim of commercial impracticability or hardship.

(4)

Notwithstanding the above, the Board may approve any site located within an area in the above list of priorities, provided that the Board finds that the proposed site is in the best interest of the health, safety and welfare of the Town and its inhabitants.

(5)

The applicant shall submit a written report demonstrating the applicant's review of the above locations in order of priority and demonstrating the technological reason for the site selection. If the site selected is not the highest priority, then a detailed written explanation as to why sites of a higher priority were not selected shall be included with the application.

(6)

The applicant shall, in writing, identify and disclose the number and locations of any additional sites that the applicant has been, is or will be considering, reviewing or planning for wireless telecommunications facilities in the Town and all municipalities adjoining the Town for a two-year period following the date of the application.

(7)

Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Board may disapprove an application for any of the following reasons:

(a)	Conflict with safety and safety-related codes and requirements.
(b)	Conflict with traffic needs or traffic laws or definitive plans for changes in traffic flow or traffic laws.
(c)	Conflict with the historic nature of a neighborhood or historical district.
(d)	The use or construction of wireless telecommunications facilities which is contrary to an already stated purpose of a specific zoning or land use designation.
(e)	The placement and location of wireless telecommunications facilities which would create an unacceptable risk or the probability of such to residents, the public, employees and agents of the Town or employees of the service provider or other service providers.
(f)	Conflicts with the provisions of this section.

Shared use of facilities and other structures.

(1)	Shared use of existing wireless telecommunications facilities shall be preferred by the Town, as opposed to the proposed construction of a new telecommunications tower. Where such shared use is unavailable, location of antennas on other preexisting structures shall be considered and preferred. The applicant shall submit a comprehensive report inventorying existing towers and other appropriate structures within four miles of any proposed new tower site, unless the applicant can show that some other distance is more reasonable, and outlining opportunities for shared use of existing facilities and the use of other preexisting structures as a preferred alternative to new construction.
(2)	An applicant intending to share use of an existing telecommunications tower or other structure shall be required to document the intent of the existing owner to share use. In the event that an application to share the use of an existing telecommunications tower does not increase the height of the telecommunications tower, the Board may waive such requirements of the application required by this section.
(3)	Such shared use shall consist only of the minimum antenna array technologically required to provide service within the Town, to the extent practicable, unless good cause is shown.

Height of telecommunications tower(s).

(1)	The applicant must submit documentation justifying to the Board the total height of any telecommunications tower, facility and/or antenna and the basis therefor. Such justification shall be to provide service within the Town, to the extent practicable, unless good cause is shown.
(2)	Telecommunications towers shall be no higher than the minimum height necessary. Unless waived by the Board upon good cause shown, the maximum height shall be one 110 feet, based on three collocated antenna arrays with 10 feet of separation between antennas, and a surrounding tree height of 80 feet.

Visibility of facilities.

(1)	Wireless telecommunications facilities shall not be artificially lighted or marked, except as required by law.
(2)	Telecommunications towers shall be of a galvanized finish, or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings, as approved by the Board, and shall be maintained in accordance with the requirements of this section.
(3)	If lighting is required, applicant shall provide a detailed plan for sufficient lighting as unobtrusive and inoffensive an effect as is permissible under federal and state regulations, and an artist's rendering or other visual representation showing the effect of light emanating from the site on neighboring habitable structures within 1,500 feet of all property lines of the parcel on which the wireless telecommunications facilities are located.

Security of facilities. All wireless telecommunications facilities and antennas shall be located, fenced or otherwise secured in a manner which prevents unauthorized access, specifically as follows:

(1)	All antennas, towers and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be run into or climbed.
(2)	Transmitters and telecommunications control points shall be installed so that they are readily accessible only to persons authorized to operate or service them.
(3)	A monitor process or security alarm system shall be provided that will be contracted with an alarm company to contact Woodbury Police Department.

Signage. Wireless telecommunications facilities shall contain a sign no larger than four square feet to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities. The sign shall contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be located so as to be visible from the access point of the site. The sign shall not be lighted unless the Board shall have allowed such lighting or unless such lighting is required by applicable provisions of law. The sign shall be approved by the Board before installation. No other signage, including advertising, shall be permitted on any facilities, antennas, antenna supporting structures or antenna towers, unless required by law.

Lot size and setbacks.

(1)

All proposed wireless telecommunications facilities shall be set back from abutting parcels. recorded rights-of-way and road and street lines a distance sufficient to substantially contain on-site ice-fall or debris from a tower or tower failure and to preserve the privacy and sanctity of any adjoining properties.

(2)

Wireless telecommunications facilities shall be located with a minimum setback from any property line a distance equal to the height of the wireless telecommunications facility or the existing setback requirement of the underlying zoning district, whichever is greater. Further, any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated.

Retention of expert assistance and reimbursement by applicant.

(1)	The Board may hire any consultant and/or expert necessary to assist the Board in reviewing and evaluating the application and any requests for recertification.
(2)	An applicant shall deposit with the Town funds sufficient to reimburse the Town for all reasonable costs of consultant and expert evaluation and consultation to the Board in connection with the review of any application. The initial deposit shall be $7,500. These funds shall accompany the filing of an application and the Town will maintain a separate escrow account for all such funds. The Town's consultants/experts shall bill or invoice the Town no less frequently than monthly for its services in reviewing the application and performing its duties. If at any time during the review process this escrow account has a balance less than $2,500, the applicant shall immediately, upon notification by the Town, replenish said escrow account so that it has a balance of at least $2,500. Such additional escrow funds must be deposited with the Town before any further action or consideration is taken on the application. In the event that the amount held in escrow by the Town is more than the amount of the actual billing or invoicing at the conclusion of the review process, the difference shall be promptly refunded to the applicant.
(3)	The total amount of the funds set forth in Subsection L(2) of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed by the Board or its consultant/expert to complete the necessary review and analysis. Additional escrow funds as required by the Town shall be paid by the applicant.

Exceptions from special permit.

(1)	No person shall be permitted to site, place, build, construct or modify or prepare any site for the placement or use of wireless telecommunications facilities as of the effective date of this law without having first obtained a special permit for wireless telecommunications facilities. Notwithstanding anything to the contrary in this section, no special permit shall be required for those exceptions noted in the definition of "wireless telecommunications facilities," such as those used exclusively for fire, police and other dispatch telecommunications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar telecommunications.
(2)	New construction, including routine maintenance on existing wireless telecommunications facilities, shall comply with the requirements of this section.
(3)	All wireless telecommunications facilities existing on or before the effective date of this section shall be allowed to continue as they presently exist; provided, however, that any modification to existing wireless telecommunications facilities must comply with this section.

Public hearing required.

(1)

Prior to the approval of any application for a special permit for wireless telecommunications facilities, a public hearing shall be held by the Board, notice of which shall be published in the official newspaper of the Town no less than 10 calendar days prior to the scheduled date of the public hearing. In order that the Town may notify nearby landowners, the applicant, at least three weeks prior to the date of said public hearing, shall be required to provide names and address of all landowners whose property is located within 500 feet of any property line of the lot on which the new wireless telecommunications facilities are proposed to be located.

(2)

The Board shall schedule the public hearing referred to in Subsection N(1) of this section once it finds the application is complete. The Board, at any stage prior to issuing a special permit, may require such additional information as it deems necessary.

Action on application for special permit.

(1)	The Board will undertake a review of an application pursuant to this law in a timely fashion, consistent with its responsibilities with SEQRA, and shall act within a reasonable period of time given the relative complexity of the application and the circumstances, with due regard for the public's interest and need to be involved, and the applicant's desire for a timely resolution.
(2)	The Board may refer any application or part thereof to any advisory or other committee for a nonbinding recommendation.
(3)	After the public hearing and after formally considering the application, the Board may approve and issue or deny a special permit. Its decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the grant of the permit shall always be upon the applicant.
(4)	If the Board approves the special permit for wireless telecommunications facilities, then the applicant shall be notified of such approval in writing within 30 calendar days of the Board's action, and the special permit shall be issued simultaneously with such approval.
(5)	If the Board denies the special permit for wireless telecommunications facilities, then the applicant shall be notified of such denial in writing within 10 calendar days of the Board's action.
(6)	A special permit shall authorize the Town to enter the site for purposes of enforcing Subsection BB of this section. The applicant, by signing the special permit, is authorizing the Town Board or its agents to enter onto the site to enforce Subsection BB of this section.

Recertification of special permit.

(1)

At any time between 12 months and six months prior to the five-year anniversary date after the effective date of the special permit and all subsequent fifth anniversaries of the effective date of the original special permit for wireless telecommunications facilities, the holder of a special permit for such wireless telecommunications facilities shall submit a signed written request to the Board for recertification. In the written request for recertification, the holder of such special permit shall note the following:

(a)	The name of the holder of the special permit for the wireless telecommunications facilities.
(b)	If applicable, the number or title of the special permit.
(c)	The date of the original granting of the special permit.
(d)	Whether the wireless telecommunications facilities have been moved, relocated, rebuilt or otherwise modified since the issuance of the special permit and, if so, in what manner.
(e)	If the wireless telecommunications facilities have been moved, relocated, rebuilt or otherwise modified, then whether the Board approved such action, under what terms and conditions, and whether there has been compliance with the terms and conditions.
(f)	Any requests for waivers or relief of any kind from the requirements of this section and any requirements for a special permit.
(g)	That the wireless telecommunications facilities are in compliance with the special permit and compliance with all applicable federal, state, county and local codes, laws, rules and regulations.
(h)	Recertification that the telecommunications tower and attachments are designed and constructed "as built" and continue to meet all local, federal, state and county structural requirements for loads, including wind and ice loads. Such recertification shall be by a New York State licensed professional engineer acceptable to the Town, the cost of which shall be borne by the applicant.
(i)	The facility is subject to an annual inspection by the Woodbury Building Inspector to make certain that the facility conforms to all safety and building codes.

(2)

If, after such review, the Board determines that the permitted wireless telecommunications facilities are in compliance with the special permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations, then the Board shall issue a recertification special permit for the wireless telecommunications facilities, which may include any new provisions or conditions that are mutually agreed upon or required by applicable statutes, laws, local laws, ordinances, codes, rules and regulations. If, after such review, the Board determines that the permitted wireless telecommunications facilities are not in compliance with the special permit and all applicable statutes, local laws, ordinances, codes, rules and regulations, then the Board may refuse to issue a recertification special permit for the wireless telecommunications facilities, and, in such event, such wireless telecommunications facilities shall not be used after the date that the applicant receives written notice of such decision by the Board. Any such decision shall be in writing and supported by substantial evidence contained in a written record.

(3)

If the applicant has submitted all of the information requested by the Board and required by this section, and if the Board does not complete its review, as noted in Subsection P(2) of this section, prior to the five-year anniversary date of the special permit, or subsequent fifth anniversaries, then the applicant for the permitted wireless telecommunications facilities shall receive an automatic extension of the special permit for up to six months in order for the Board to complete its review.

(4)

If the holder of a special permit for wireless telecommunications facilities does not submit a request for recertification of such special permit within the time frame noted in Subsection P(1) of this section, then such special permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special permit, or subsequent fifth anniversaries, unless the holder of the special permit adequately demonstrates to the Board that extenuating circumstances prevented a timely recertification request. If the Board agrees that there were legitimately extenuating circumstances, then the holder of the special permit may submit a late recertification request or application for a new special permit.

Extent and parameters of special permit. The extent and parameters of a special permit for wireless telecommunications facilities shall be as follows:

(1)	Such special permit shall be nonexclusive.
(2)	Such special permit shall not be assigned, transferred or conveyed without the express prior written consent of the Board, and such consent shall not be unreasonably withheld or delayed.
(3)	Such special permit may, following a hearing upon due prior notice to the applicant, be revoked, canceled or terminated for a violation of the conditions and provisions of the special permit for wireless telecommunications facilities or for a material violation of this law after prior written notice to the applicant and the holder of the special permit.

Application fee.

(1)

At the time that a person submits an application for a special permit for a new telecommunications tower, such person shall pay an application fee of $5,000 to the Town. If the application is for a special permit for collocating on an existing telecommunications tower or high structure where no increase in height of the tower or structure is required, the fee shall be $2,000.

(2)

No application fee is required to recertify a special permit for wireless telecommunications facilities, unless there has been a modification of the wireless telecommunications facility since the date of the issuance of the existing special permit for which the conditions of the special permit have not previously been modified. In the case of any modification, the fees provided in Subsection R(1) shall apply.

Performance security. The applicant and the owner of record of any proposed wireless telecommunications facilities property site shall, at its cost and expense, be jointly required to execute and file with the Town a bond or other form of security acceptable to the Town as to type of security and the form and manner of execution, in an amount of at least $75,000 and with such sureties as are deemed sufficient by the Board to assure the faithful performance of the terms and conditions of this section and conditions of any special permit issued pursuant to this section. The full amount of the bond or security shall remain in full force and effect throughout the term of the special permit and/or until the wireless telecommunications facilities are removed and any necessary site restoration is completed. The failure to pay any annual premium for the renewal of any such security shall be a violation of the provisions of the special permit and shall entitle the Board to revoke the special permit, after prior written notice to the applicant and holder of the permit and after a hearing upon due prior notice to the applicant and holder of the special permit.

Reservation of authority to inspect facilities.

(1)	In order to verify that the holder of a special permit for wireless telecommunications facilities and any and all lessees, renters and/or licensees of wireless telecommunications facilities, place and construct such facilities, including towers and antennas, in accordance with all applicable technical, safety, fire, building and zoning codes, laws, ordinances and regulations and other applicable requirements, the Town may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including but not limited to towers, antennas and buildings or other structures constructed or located on the permitted site.
(2)	The Town shall pay for costs associated with such an inspection, except for those circumstances occasioned by said holder's, lessee's or licensee's refusal to provide necessary information, or necessary access to such facilities, including towers, antennas and appurtenant or associated facilities, or refusal to otherwise cooperate with the Town with respect to an inspection, or if violations of this section are found to exist, in which case the holder, lessee or licensee shall reimburse the Town for the cost of the inspection.
(3)	Payment of such costs shall be made to the Town within 30 days from the date of the invoice or other demand for reimbursement. In the event that the finding(s) of violation is/are appealed in accordance with the procedures set forth in this section. Said reimbursement payment must still be paid to the Town, and the reimbursement shall be placed in an escrow account established by the Town specifically for this purpose, pending the final decision on appeal.

Annual NIER certification. The holder of the special permit shall, annually, certify in writing to the Town that NIER levels at the site are within the threshold levels adopted by the FCC. The certifying engineer need not be approved by the Town. The certifying engineer shall file a copy of its license with the Town of Woodbury.

Liability insurance.

(1)

A holder of a special permit for wireless telecommunications facilities shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the special permit in amounts as set forth below:

(a)	Commercial general liability covering personal injuries, death and property damage: $1,000,000 per occurrence/$2,000,000 aggregate.
(b)	Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate.
(c)	Workers' compensation and disability: statutory amounts.

(2)

The commercial general liability insurance policy shall specifically include the Town and its officers, boards, employees, committee members, attorneys, agents and consultants as additional named insureds.

(3)

The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least "A."

(4)

The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town with at least 30 days' prior written notice in advance of the cancellation of the insurance.

(5)

Renewal or replacement policies or certificates shall be delivered to the Town at least 15 days before the expiration of the insurance which such policies are to renew or replace.

(6)

Before construction of a permitted wireless telecommunications facility is initiated, but in no case later than 15 days after the grant of the special permit, the holder of the special permit shall deliver to the Town a copy of each of the policies or certificates representing the insurance in the required amounts.

Indemnification.

(1)

Any application for wireless telecommunications facilities that is proposed for Town property, pursuant to this section, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the law, to at all times defend, indemnify, protect, save, hold harmless and exempt the Town, and its officers, boards, employees, committee members, attorneys, agents and consultants, from any and all penalties, damages, costs or charges arising out of any and all claims, suits, demands, causes of action or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal or restoration of said wireless telecommunications facilities. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees and expert witness fees are included in those costs that are recoverable by the Town.

(2)

Notwithstanding the requirements noted in Subsection W(1) of this section, an indemnification provision will not be required in those instances where the Town itself applies for and secures a special permit for wireless telecommunications facilities.

Penalties for offenses.

(1)	In the event of a violation of this section or any special permit issued pursuant to this section, the Board may impose and collect, and the holder of the special permit for wireless telecommunications facilities shall pay to the Town, fines or penalties as set forth below.
(2)	A violation of this section is hereby declared to be an offense, punishable by a fine in the amount of $1,000 or imprisonment for a period not to exceed six months, or both, for conviction of any offense. Each day of continued violation shall constitute a separate additional violation.
(3)	Notwithstanding anything in this section, the holder of the special permit for wireless telecommunications facilities may not use the payment of fines, liquidated damages or other penalties to evade or avoid compliance with this section or any subsection of this section. An attempt to do so shall subject the holder of the special permit to termination and revocation of the special permit. The Town may also seek injunctive relief to prevent the continued violation of this section, without limiting other remedies available to the Town.

Default and/or revocation.

(1)

If wireless telecommunications facilities are repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this section or of the special permit, then the Board shall notify the holder of the special permit, in writing, of such violation. Such notice shall specify the nature of the violation or noncompliance and that the violations must be corrected within seven days of the date of the postmark of the notice or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other subsection of this section, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Board may, at its sole discretion, order the violation remedied within 24 hours.

(2)

If, within the period set forth in Subsection Y(1) above, the wireless telecommunications facilities are not brought into compliance with the provisions of this section, or of the special permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facilities into compliance, then the Board may revoke such special permit for wireless telecommunications facilities and shall notify the holder of the special permit within 48 hours of such action.

Removal of facilities.

(1)

Under the following circumstances, the Board may determine that the health, safety and welfare interests of the Town warrant and require the removal of wireless telecommunications facilities:

(a)	Wireless telecommunications facilities with a permit have been abandoned (i.e., not used as wireless telecommunications facilities) for a period exceeding 90 consecutive days or a total of 180 days in any three-hundred-sixty-five-day period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within 90 days;
(b)	Permitted wireless telecommunications facilities fall into such a state of disrepair that it creates a health or safety hazard;
(c)	Wireless telecommunications facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required special permit, or any other necessary authorization.

(2)

If the Board makes such a determination as noted in Subsection Z(1) of this section, then the Board shall notify the holder of the special permit for the wireless telecommunications facilities within 48 hours that said wireless telecommunications facilities are to be removed. The Board may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facilities.

(3)

The holder of the special permit, or its successors or assigns, shall dismantle and remove such wireless telecommunications facilities, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the Board. However, if the owner of the property upon which the wireless telecommunications facilities are located wishes to retain any access roadway to the wireless telecommunications facilities, the owner may do so with the approval of the Board.

(4)

If wireless telecommunications facilities are not removed or substantial progress has not been made to remove the wireless telecommunications facilities within 90 days after the permit holder has received notice, then the Board may order officials or representatives of the Town to remove the wireless telecommunications facilities at the sole expense of the owner or special permit holder.

(5)

If the Town removes or causes to be removed wireless telecommunications facilities, and the owner of the wireless telecommunications facilities does not claim them and remove them from the site to a lawful location within 10 days, then the Town may take steps to declare the wireless telecommunications facilities abandoned and sell them and their components.

(6)

Notwithstanding anything in this section to the contrary, the Board may approve a temporary use permit/agreement for the wireless telecommunications facilities, for no more than 90 days, during which time a suitable plan for removal, conversion or relocation of the affected wireless telecommunications facilities shall be developed by the holder of the special permit, subject to the approval of the Board, and an agreement to such plan shall be executed by the holder of the special permit and the Town. If such a plan is not developed, approved and executed within the ninety-day time period, then the Town may take possession of and dispose of the affected wireless telecommunications facilities in the manner provided in this section.

AA.

Relief. Any applicant desiring relief or exemption from any site plan aspect of § 310-45 may request such from the Board at a preapplication meeting, provided that the relief or exemption is contained in the original application for either a special permit or, in the case of an existing or previously granted special permit, a request for modification of its tower and/or facilities. Such relief may be temporary or permanent, partial or complete, at the sole discretion of the Board. However, the burden of proving the need for the requested relief or exemption is solely on the applicant to prove to the satisfaction of the Board. The applicant shall bear all costs of the Board or the Town in considering the request, and the relief shall not be transferable to a new or different holder of the permit or owner of the tower or facilities without the specific written permission of the Board. Such permission shall not be unreasonably withheld or delayed. No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted, the relief or exemption will have no significant effect on the health, safety and welfare of the Town, its residents and other service providers.

AB.

Adherence to state and/or federal rules and regulations.

(1)

To the extent that the holder of a special permit for wireless telecommunications facilities has not received relief, or is otherwise exempt, from appropriate state and/or federal agency rules or regulations, then the holder of such a special permit shall adhere to, and comply with, all applicable rules, regulations, standards and provisions of any state or federal agency, including but not limited to the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.

(2)

To the extent that applicable rules, regulations, standards and provisions of any state or federal agency, including but not limited to the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting and security are changed and/or are modified during the duration of a special permit for wireless telecommunications facilities, then the holder of such a special permit shall conform the permitted wireless telecommunications facilities to the applicable changed and/or modified rule, regulation, standard or provision within a maximum of 24 months of the effective date of the applicable changed and/or modified rule, regulation, standard or provision, or sooner as may be required by the issuing entity.

AC.

Conflict with other laws. Where this section differs or conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by the county, state or federal government, the more restrictive or protective of the Town and the public shall apply.

AD.

Severability; effect on special permits.

(1)

If any word, phrase, sentence, part, section, subsection or other portion of this section or any application thereof to any person or circumstance is declared void, unconstitutional or invalid for any reason, then such word, phrase, sentence, part, section, subsection or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this section, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect.

(2)

Any special permit issued under this section shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon determination by the Town Planning Board.

[Added 9-23-1999 by L.L. No. 8-1999]

In no case shall the storage or maintenance of radioactive, toxic, explosive or controlled substances be permitted in self-service storage facilities.

The site and structure shall be designed so that no accidental spill can exit at the structure or its immediate environs.

The servicing or repair of automotive equipment, tools or machinery and the construction or fabrication of goods or materials shall not be permitted on the site, either inside or outside the bounds of an individual storage unit.

The operation of power tools, spray equipment, compressors and other equipment shall not be permitted as an adjunct to the use or lease of any storage unit.

Auctions, garage or tag sales or any other commercial or private sales shall not take place on the site, either by lessees of storage units or by the owners or operators of the site.

Parking spaces.

(1)

Required parking spaces may not be rented as, nor used for, vehicular storage spaces.

(2)

No parking spaces, including those required by Article VI herein, may be provided or used for the unenclosed storage of vehicles or items, including but not limited to automobiles, motorcycles, trucks, trailers, vans, recreational vehicles, campers, boats or other watercraft. However, in the event that the applicant can demonstrate that under no circumstances would the above-listed vehicles or items be visible to any other off-site location, either by virtue of existing conditions such as topography or other permanent screening or by virtue of proposed permanent screening, such open storage may be permitted subject to Planning Board approval. No other open storage may be permitted.

Notwithstanding the foregoing, nothing in this paragraph shall be construed as permitting the unenclosed storage of wrecked, inoperable or dismantled vehicles.

[Added 10-5-2000 by L.L. No. 13-2000]

A.	Winery must possess a New York State license for a farm winery.
B.	Winery access must be to New York State Route 32.
C.	Actual wine-making area shall be limited to 4,000 square feet or less, which area may include a wine tasting facility.
D.	Where a structure or structures of local or national historic or architectural significance exist on the site, existing structures shall be utilized, and any additions shall be, to the maximum practical extent, designed to be consistent with said original structures.

[Added 12-7-2000 by L.L. No. 14-2000]

A.	Vehicular traffic generated by uses in an LIO District shall be planned to occur primarily during off-peak hours. Peak hours shall include weekend peak hours.
B.	Vehicles shall not be permitted to idle for more than five minutes.

Schedule of requirements.

(1)

Accessory off-street parking spaces, open or enclosed, shall be provided according to the particular uses listed below in any district.

(2)

An area not less than nine feet by 18 feet shall be provided per parking space.

(3)

Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purposes of these regulations.

(4)

The following shall be the required minimums for off-street parking spaces:

	Use	Number of Spaces
	Residential unit	2 per dwelling unit
	Professional office in a residence	3 per office or 2 for each professional maintaining office hours for consultation, whichever is greater, in addition to that required for the residential use
	Medical/dental office, including an office in a residence	1 for each 150 square feet of gross floor area, but not fewer than 3 per practitioner
	Office building other than medical or dental	1 for each 200 square feet of gross floor area
	Health club or fitness center	1 per 200 square feet of gross floor area
	Home occupation	2 in addition to those which are required for the residential use
	Restaurant or drinking establishment	1 for each 3 seats or 50 square feet of customer service area (i.e., all area other than kitchen and storage), whichever is greater
	Fast-food restaurant	1 for each 40 square feet of cus- tomer service area
	Theater, cinema, auditorium or place of public assembly	1 for each 4 seats or 1 for each 75 square feet of gross floor area, whichever is greater
	Motel, hotel, bed-and- breakfast or boardinghouse	1 per guest unit, plus 1 for every 2 employees
	Hospital	1 per bed, plus 1 for every 2 employees
	Sanatarium or nursing home	1 per every 3 beds, plus 1 for every 2 employees
	Retail sales, arts, crafts and personal service establishment	1 for each 200 square feet of gross floor area
	Light industry	1 for each 300 square feet of gross floor area or 1 per em- ployee for the largest shift, whichever is greater
	Wholesale, warehouse and storage [Amended 9-23-1999 by L.L. No. 8-1999]	1 for each 2,000 square feet of gross floor area, plus 1 per em- ployee; one parking space per 100 units unless in the Planning Board's judgment additional parking is re- quired to accommodate the proposed size and layout of the self-storage spaces
	Laboratory and research	1 for each 200 square feet of gross floor area
	Museum or gallery	1 per 300 square feet of gross floor area
	Commercial recreation	At least 2 for staff use or 1 per employee, whichever is greater, in addition to patron parking as follows:
	Bowling alleys	4 per bowling lane
	Swimming pools	1 per 25 square feet of water area, excluding wading pools
	Tennis courts	4 per court
	Racquetball courts	1 per 100 square feet of activity area
	Funeral home	1 per 3 seats or 60 square feet of space available for public use, whichever is greater
	Farm winery [Added 10-5-2000 by L.L. No. 13-2000]	One space per 300 square feet or one per employee, whichever is larger
	Wine tasting facility [Added 10-5-2000 by L.L. No. 13-2000]	One space per 200 square feet
	All other uses not mentioned or variations of above uses	Reasonable and appropriate off- street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined by the Planning Board

When more than one use is to be located on a lot, the site plan shall provide for the sum of the off-street parking space requirements for each use. Where, in the Planning Board's judgment, the combination of uses on a lot will generate parking needs that do not overlap or will not occur simultaneously, the number of required spaces may be reduced by up to 25%.

The storage of not more than one recreation vehicle or not more than one boat is permitted, provided that such trailer or boat is unoccupied and not stored between the street line and the front building line, except that one such vehicle or boat may be stored in a driveway. Under no circumstance may such a vehicle or boat be stored within 15 feet of a street line or closer to a property line than the minimum distance permitted for an accessory structure.

No off-street parking shall be permitted within a required front yard in any district, except in the case of a driveway for a one- or two-family residence on other than a corner lot or where an exception is established pursuant to Subsection E as hereinafter provided. [Amended 9-22-1994 by L.L. No. 6-1994]

One unlicensed vehicle may be parked on the premises for a period of not exceeding six months, provided such vehicle is in running condition and is covered by an earth-tone cover. Any such vehicle shall be parked in the rear yard or side yard, but in no event closer than the front building line in the side yard. Where in the opinion of the Building Inspector it is impossible to locate such vehicle in the rear or side yard due to topographic conditions, then the Building Inspector may approve of a different location provided it is not aesthetically obtrusive. [Added 9-22-1994 by L.L. No. 6-1994]

Permitted accessory loading berths. Off-street loading berths, open or enclosed, are permitted accessory to any use except residences for one or two families. However, no off-street loading berth shall be located in a front yard.

Uses requiring off-street loading berths. Open or enclosed accessory off-street loading berths shall be provided for any lot or any use specified herein. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purposes of such requirements.

(1)	For a public library, museum, art gallery or similar quasi-public institution or governmental building, community center, hospital or sanitarium, nursing or convalescent home, institution for children or the aged or school with a floor area less than 10,000 square feet: one berth; for each additional 25,000 square feet or fraction thereof: one additional berth.
(2)	For buildings with professional, governmental or business offices or laboratory establishments with a floor area of 5,000 to 50,000 square feet: one berth; for each additional 50,000 square feet or fraction thereof: one additional berth.
(3)	For buildings with a combination of offices and retail sales and service establishments: one berth for 5,000 to 25,000 square feet of floor area and one additional berth for each additional 25,000 square feet of floor area or fraction thereof so used.
(4)	For manufacturing, wholesale and storage uses, and for dry-cleaning and rug-cleaning establishments and laundries: one berth for 5,000 to 10,000 square feet of floor area in such use and one additional berth for each additional 10,000 square feet of floor area or fraction thereof so used.
(5)	For hotels or motels: one berth for each 25,000 square feet of floor area.

Size, location and access. Unless otherwise specified, each required loading berth shall be at least 15 feet wide, 45 feet long and 14 feet high if enclosed. Unobstructed access at least 15 feet wide to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory.

Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the total required for all such establishments.

Access near streets/street corners.

(1)	No entrance or exit for any accessory off-street parking area with over 10 parking spaces nor any loading berth shall be located within 75 feet of the intersection of any two street lines.
(2)	The entrance to any individual parking space must be at least 10 feet from a street.

On lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces or loading berths shall apply to all of the lot. Parking spaces or loading berths on such a lot may be located without regard to district lines, provided that no such parking spaces or loading berths shall be located in any residence district, unless the use to which they are accessory is permitted in such district.

Supplementary regulations for any parking spaces adjacent to residence districts. (Residence districts are R-3A, R-2A, R-1A, R-0.25A and CR)

(1)	No parking space may be located within 10 feet of a residence district.
(2)	Wherever a parking lot abuts the side or rear lot line of a lot in a residence district, said parking lot shall be screened from such adjoining lot by an opaque wall or fence or thick hedge with a height of not less than five feet nor more than 61/2 feet.
(3)	Wherever a parking lot is located across the street from any residence district, it shall be screened from the view of such land by a thick hedge located along a line drawn parallel to the street and a distance of five feet therefrom, such hedge to be interrupted only at points of ingress and egress and to allow adequate site distance. The open area between such hedge and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street.

Traffic storage. All uses shall provide sufficient space on the same lot so that any storage lanes for traffic will be provided and will not obstruct traffic or utilize public rights-of-way.

Driveways.

(1)	No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located.
(2)	For parking areas with 10 spaces or fewer, driveways shall be 10 feet wide per lane.
(3)	For parking areas with over 10 spaces, driveways shall be 12.5 feet wide per lane.

Purpose. The purpose of this article is to reduce or minimize impacts of uses and buildings which do not conform to the use or bulk requirements set forth in this chapter, all uses and buildings that become nonconforming by reason of any subsequent amendment to this chapter and all buildings containing nonconforming uses.

Nonconforming uses. Except as provided hereinafter, the nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely, except that such building or use:

(1)	Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use of the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, except as provided in § 310-43E herein.
(2)	Shall not be moved to another location where such use would be nonconforming.
(3)	Shall not be changed to another nonconforming use without approval by the Board of Appeals, and then only to a use which, in the opinion of said Board, is of the same or of a more-restrictive nature.
(4)	If changed to a more-restrictive nonconforming use, shall not be changed back to a less-conforming use.
(5)	Shall not be reestablished or changed to another nonconforming use if such use has been discontinued for any reason for a period of one year. Intent to resume a nonconforming use shall not confer the right to do so.
(6)	Shall not be reestablished if such use has been changed to or replaced by a conforming use.
(7)	Shall not be repaired or rebuilt unless the use is changed to a conforming use if the nonconforming use is damaged by fire or other causes to the extent of 50% or more of its fair market value as determined by the Town of Woodbury Assessor.

Noncomplying buildings.

(1)

Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a noncomplying building, provided that such action does not create any new noncompliance or increase the degree of noncompliance with regard to the regulations pertaining to such building.

(2)

Reconstruction of a damaged building.

(a)

A noncomplying building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than 50% of its fair market value shall not be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the Bulk Schedule. Editor's Note: The Schedule of Zoning District Regulations is included at the end of this chapter.

(b)

Application for a permit to rebuild or restore the damaged portion of any noncomplying building damaged or destroyed as set forth in Subsection C(2)(a) above shall be filed within one year of the day of such damage and shall be accompanied by plans for reconstruction which shall comply with the requirements set forth above. If such permit is issued, it shall expire two years thereafter, unless reconstruction in accordance with the approved plans has been completed.

Repairs and maintenance. Notwithstanding any of the foregoing regulations, nothing in this article shall be deemed to prevent normal maintenance and repair of any building or the carrying out, upon the issuance of a building permit, of major structural alterations or demolitions necessary in the interest of public safety, unless otherwise covered by the provisions of the Historic Preservation Local Law of the Town of Woodbury.

Expansion of nonconforming use. Notwithstanding any other provision herein, the Zoning Board of Appeals may issue a special permit for the expansion of a nonconforming use by up to 10% of the floor area of the principal structure, provided that:

(1)	Said expansion is not detrimental to surrounding properties or to the health, safety and general welfare of the immediate neighborhood.
(2)	No expansion of off-street parking or traffic generation will occur in a residential district.

A.	A residential lot separated by other land not in the same ownership and made nonconforming as to area or width by the enactment of the 1990 revision to this chapter, whether or not located in and part of a subdivision approved by the Planning Board of the Town of Woodbury and filed in the office of the Orange County Clerk, which does not have a total lot area or width as specified for residential use in § 310-7, may be used for a single-family dwelling, provided that the lot complies with the setback requirements of the district in which it is located.
B.	Lots that are nonconforming prior to enactment of the 1990 revision to this chapter shall be subject to the provisions in effect prior to the effective date of the 1990 revision.
C.	Two or more adjacent nonconforming subdivision lots, not in separate ownership, in a subdivision approved by the Planning Board prior to the effective date of this chapter shall have three years from the date of final approval by the Planning Board to obtain a building permit under the provisions of Subsection A. Any nonconforming lot in a subdivision finally approved by the Planning Board more than three years prior to the effective date of this chapter shall not be eligible to receive a building permit, and said subdivision or part or lot thereof shall be resubmitted to the Planning Board in accordance with the applicable provisions of this chapter and of the Town Subdivision Regulations. Editor's Note: See Ch. 272, Subdivision of Land, Part 2, Subdivision Regulations.
D.	Any lot in a subdivision approved by the Planning Board after the effective date of this chapter which conforms to the lot area or width requirements of this chapter but which is made nonconforming as to bulk, width or depth by any future amendment of this chapter shall have three years from the effective date of the future amendment or three years from the date of final approval, whichever is sooner, to obtain a building permit under Subsection A. Any subdivision lot for which a permit is applied for after the time periods specified herein shall conform to all the bulk regulations of this chapter, and Subsection A shall be inapplicable to such a lot.
E.	Any separate lot, nonconforming as to bulk, which becomes subsequently attached to or merged with other adjoining land in the same ownership shall be entitled to the benefit of the provisions of Subsection A only if the total contiguous lot remains nonconforming as to bulk after the lots become attached. Said merged lot may be used for any permitted use or special permit use if the minimum lot area and width requirements are met.
F.	Residential lots that were made nonconforming as a result of the enactment of the 1990 revision to this chapter shall not be required to secure a variance from the Board of Appeals for the area of the lot in the event that construction is contemplated, so long as the lot complies with the setback requirements for the zoning district wherein the lot is located. [Added 4-6-1995 by L.L. No. 6-1995; amended 6-1-1995 by L.L. No. 9-1995]

Editor's Note: See also Ch. 92, Bonding: Subdivision and Site Plans.

Purpose. The purpose of this article is to standardize the procedure for the review of site plans and the requirements for site plan applications, regardless of district.

Authorization; approval required.

(1)

The Town Board hereby authorizes the Planning Board, pursuant to Town Law § 274-a, to review and approve, approve with modification or disapprove site plans, prepared as hereinafter set forth in this chapter, and, where provided in this chapter, the Planning Board is further authorized to issue special permits upon determining that the public health, safety and welfare shall be served and neighboring properties will not be injured. The procedure for a special permit shall be the same as a site plan. Whenever the Board of Appeals or Planning Board is required to issue a special permit for any use in this chapter, no action shall be taken by either Board on the application for a special permit until the Planning Board has reviewed the site plan and granted approval.

(2)

Further, the Planning Board is authorized to implement its Architectural Review Board responsibilities, as provided in Chapter 8 of the Code of the Town of Woodbury, as part of the site plan review process.

Applicability.

(1)

In all districts, site plan approval by the Planning Board shall be required for:

(a)	The erection or enlargement of all buildings in all districts other than one-family residences in R-3A, R-2A, R-1A and R-0.25A Districts, except that one-family residences shall be subject to site plan approval in flood hazard areas as defined on the Flood Insurance Rate Map.
(b)	All uses of vacant land.
(c)	Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, utilities or other municipal services.
(d)	Any application for a special permit or exception.

(2)

In any cases where an amendment of any such plan is proposed, the applicant must also secure the approval of the amendment by the Planning Board.

Objectives and design requirements. In reviewing site plans, consideration shall be given to the public health, safety and welfare; the comfort and convenience of the public in general and of the residents or users of the proposed development as well as of the immediate neighborhood; and appropriate conditions and safeguards as may be required to further the expressed intent of this chapter and the accomplishment of the following objectives:

(1)	That the site plan is in conformance with any relevant portions of the Comprehensive Plan of the Town.
(2)	That the design of all structures is compatible with that of surrounding structures. Compatibility shall be determined by a review of the proposed use of materials, scale, mass, height, color, texture, architectural style and the location of the structure or structures on the site.
(3)	That all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; and not located too near street corners or other places of public assembly; and other similar safety considerations.
(4)	That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the use and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots, loading bays and building services.
(5)	That all playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is such as to enhance the character of the Town and is in character with that generally prevailing in the neighborhood.
(6)	That all existing trees over 12 inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible.
(7)	That all plazas and other paved areas intended for use by pedestrians utilize decorative pavements and plant materials so as to prevent the creation of vast expanses of pavement.
(8)	That all outdoor lighting is of such nature and so arranged as to preclude glare onto adjoining properties and streets.
(9)	That no sound from a public-address system should be audible on adjoining properties or on the adjacent street.
(10)	That all mechanical equipment necessary to operate the building's services, which equipment is located on the roof of a structure, shall be screened in a manner approved by the Planning Board.
(11)	That the drainage system and the internal water and sewer systems are adequate and that all wells and sewage treatment systems are in accordance with Town, state, federal and county standards.
(12)	That the site plan and building design accommodate the needs of the handicapped and are in conformance with the state standards for construction concerning the handicapped.
(13)	That the site plan and building design maximize the conservation of energy.

Procedure. No certificate of occupancy may be issued for any building or use of land within the purview of this section unless the building is constructed or used or the land is developed or used in conformity with an approved site plan.

(1)

Presubmission.

(a)

Prior to the submission of a formal site plan, the applicant shall meet in person with the Planning Board and/or its designated representative to discuss the proposed site plan in order to determine which of the subsequent requirements may be necessary in developing and submitting the required site plan.

(b)

Upon findings by the Planning Board that, due to special conditions peculiar to a site, certain of the information normally required as part of the site plan is inappropriate or unnecessary or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board may vary or waive the provision of such information, as outlined in § 310-45I, provided that such variance or waiver will not have detrimental effects on the public health, safety or general welfare or have the effect of nullifying the intent and purpose of this chapter or the Official Map or Master Plan.

(2)

Final submissions. At least 15 days in advance of the Planning Board meeting at which a site plan, or an amendment of it, is to be presented, 10 copies of the information enumerated herein must be submitted to the Secretary of the Planning Board along with a letter of application. The Building Administrator shall verify that the application is complete. The actual date of application is the Planning Board meeting at which a complete application is presented.

(3)

Public hearing; decision. Where a completed application for review and approval of site plans or where an application for a special permit has been filed, the Planning Board shall fix a time, within 62 days from the date of an application for site plan approval or special permit, for the public hearing of such matter and give public notice thereof by publication in the official Town newspaper of such hearing at least five days prior to the date thereof and shall decide the same within 62 days after such hearing. The decision of the Planning Board shall immediately be filed in the office of the Town Clerk and a copy mailed to the applicant. By mutual consent, the time may be extended within which the decision is to be rendered by the Planning Board. [Amended 1-5-1995 by L.L. No. 1-1995]

Expiration of site plan approval. Final site plan approval shall expire one year from the date it is granted unless the applicant shall secure a building permit, site work permit and/or begin on-site work. If on-site work ceases for a period of more than six months, then the applicant shall be required to secure a renewal of the site plan approval from the Planning Board. In the event that final site plan approval expires, then the applicant shall be required to file a new application. The Planning Board may extend site plan approval for a reasonable period not to exceed one year where the circumstances are such that the applicant is unable to begin on-site work. If a governmental agency has imposed a moratorium that prevents the developer from either starting construction or continuing construction on the project, then the year or that portion of the year remaining as required by this section shall be suspended until the moratorium is removed.

Special permit. Where the Planning Board is authorized to issue a special permit, the same procedure as site plan review shall be utilized, and said review may be carried out simultaneously with the site plan review.

Special permit renewal; waiver. The Planning Board is authorized to require as a condition to the issuance of a special permit that such special permit be renewed at a specified period after a public hearing. However, the Planning Board may waive such requirement where the circumstances do not require renewal.

Plan requirements.

(1)

The information which is to be submitted and which in total constitutes a site plan follows:

(a)

All applications for site plan approval shall be accompanied by a site plan prepared, signed and sealed by a licensed professional engineer or a licensed land surveyor, which site plan shall be drawn to a scale of not more than 100 feet to the inch and shall show the following information:

[1]	The identifying title and the name of the Town and county.
[2]	The names and addresses of the record owners, developer and designer of the site plan.
[3]	The number of acres within the proposed site and the location of property lines, existing buildings, watercourses and other essential features.
[4]	The date, North point and written and graphic scale.
[5]	The locations of any existing sewage disposal systems and locations and sizes of wells, water mains, culverts and drains on and immediately adjacent to the site.
[6]	The locations, names and present widths of existing and proposed streets, highways, easements, curblines, alleys, parks and other proposed public open spaces and similar facts regarding adjacent property.
[7]	The provisions of this chapter applicable to the site, any zoning district boundaries affecting the site and any proposed changes in this chapter as it affects the site.
[8]	The locations and owners of all adjoining lands as shown on the latest tax records.
[9]	Deed restrictions or covenants applying to the site.
[10]	The widths and locations of any streets and other public ways or places shown upon the Official Map and the Master Plan, if any, within the site and the widths, locations, grades and street profiles of all streets or other public ways proposed by the applicant.
[11]	Typical cross sections of the proposed grading, roadways, sidewalks and unusual topographic conditions. The location and access points to the site shall be shown, as well as the distances to the nearest intersecting street.
[12]	The approximate boundaries of any area subject to flooding or stormwater overflows as shown on the Flood Hazard Boundary Maps for the Town of Woodbury or as determined by the project design engineer or the design surveyor or as documented by other studies performed by a qualified professional.
[13]	A list of all special improvement districts affecting the site and the boundaries of such districts within the site, if any.
[14]	The location of existing marshes, wooded areas, rock outcrops, wetlands, ponds, watercourses (seasonal or year-round), isolated trees with a diameter of 12 inches or more measured three feet above the base of the trunk and other significant existing features.
[15]	Contour lines at intervals of two feet, based on United States Geological Survey data, of existing grades and of proposed finished grades. A larger contour interval will be permitted on approval of the Town Engineer.
[16]	A metes-and-bounds description and map of the survey or site boundary, made and certified by a licensed land surveyor or a qualified licensed professional engineer, referenced to established Town reference points and related to the state system of plane coordinates established by Chapter 545 of the Laws of 1938.
[17]	The locations of uses and outlines of structures, drawn to scale, within 100 feet of any property line of the site.
[18]	Paved areas, sidewalks and vehicular access between the site and public streets.
[19]	The location of proposed buildings or structural improvements.
[20]	The location and design of all uses requiring structures, such as off-street parking and loading areas.
[21]	The location, direction, power and time of use for any proposed outdoor lighting or public-address systems.
[22]	The locations and plans for any outdoor signs.
[23]	Any proposed grading, screening and other landscaping, including types and locations of proposed trees. Where the property is located adjacent to a limited access highway, a buffer zone shall be shown on the site plan, the depth of which buffer zone and any appropriate tree plantings shall be at the discretion and approval of the Planning Board. The Planning Board may require that landscaping plans shall be prepared by a qualified licensed professional.
[24]	The source of water supply and the location of all proposed water lines, valves and hydrants and available fire protection.
[25]	Documentation of the quantity and quality of water based on samples taken by and tests submitted by a qualified laboratory under the review of the office of the Town Engineer as a condition of approval. Said condition shall be satisfied prior to map signing by the Chairman of the Planning Board.
[26]	Until a sanitary sewer system is available, the alternative means of treatment and disposal of sewage proposed, including the location and results of percolation and other tests to ascertain subsurface soil, rock and groundwater conditions and depth to groundwater. If a sanitary sewer system is available or proposed, the location of all proposed sewer lines and treatment plants and discharge points shall be shown.
[27]	The provisions for collecting and discharging storm drainage in the form of a drainage plan.
[28]	The location of temporary markers adequate to locate and appraise the basic layout in the field. Unless an existing street intersection is shown, the distance along the street from one corner of the site to the nearest existing street intersection shall be shown.
[29]	If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
[30]	A suitable vicinity map, drawn to a scale of not over 400 feet to the inch, showing the relation of the proposed site to the adjacent properties and to the general surrounding area.
[31]	Architectural drawings, illustrating building elevations and all exterior characteristics.
[32]	Any other information deemed necessary for the Board to determine conformity of the site plan to the intent and regulations of the Woodbury Zoning Law and Master Plan.
[33]	Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of §§ 267-1 through 267-11 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in §§ 267-7 through 267-11. The approved site plan shall be consistent with the provisions of chapter 267. [Added 5-3-2007 by L.L. No. 3-2007]

(2)

The ingress and egress from state, county and Town roads shall be subject to the approval of the Planning Board; and where, in the opinion of the Planning Board, such ingress and egress shall create or add to the congestion or safety factors of a given road, the Planning Board shall have the right to deny to the applicant the use of such ingress or egress and may require the applicant to provide alternative ingress or egress to the site.

A.	"To erect," "to construct" and "to build" a building, as used in this chapter, include "to alter," "to add to" and "to relocate" a structure of any kind and to excavate or grade a lot in preparation for building a structure thereon or changing the use of the property; and before any such undertaking is commenced, including initiation of construction of infrastructure, including roads, utilities and drainage systems for any approved subdivision or site plan, a building permit therefor is required, except that no such permit shall be required for interior additions to or alterations of a building if the total cost or value of such additions or alterations is less than $1,500 or exterior additions to or alterations of a building if the total cost or value is less than $1,000, provided that such cost or value shall include the value of the labor, no matter by whom performed; and any additions to or alterations of a building to be occupied for the first time as living quarters for a person or any conversion of a one-family dwelling unit to a two-family unit or summer dwelling to a year-round residence shall require a building permit, no matter what the cost or value of such additions, alterations or conversion.
B.	With the exception of real estate signs and other nonilluminated signs not over two square feet in area referring to the premises on which located, no sign shall be erected or displayed without a building permit.
C.	There shall be submitted with each application for a building permit duplicate written copies of all the information, building plans, plot plans and plans for disposal of sewage and wastewater, drawn with reasonable accuracy to scale, showing the dimensions of the lot to be built upon, the size and the location on the lot of both the existing and proposed buildings and installations and such other information necessary to enable the Administrator to determine whether the proposed building and use of the premises complies with the provisions of this chapter.
D.	The fee for a building permit shall be as established by the Town Board.
E.	One copy of such submitted information or plans shall be returned to the applicant when approved by the Building Administrator, or by the Board of Appeals when its approval is necessary, together with such permit.
F.	Every such permit shall expire at the end of two years from the date of issue; and if construction is not completed within that period, the applicant shall apply for a new permit, which shall be granted only on payment of fees therefor in accordance with the fee schedule as established by the Town Board.

A.	Where a building permit therefor is required, no building hereafter erected or relocated and no addition to or alteration of any building shall be used or occupied for any purpose until a certificate of occupancy shall have been issued, stating that the building or altered part of or addition to the same and proposed use thereof comply with the provisions of this chapter.
B.	Although a building permit may not be required in a specific instance, a certificate of occupancy is required for each new use or change in use of any building or land. No such new or changed use of any building or land shall be undertaken and no such building or land shall be occupied for such new or changed use until a certificate of occupancy shall have been issued stating that the building or land and proposed new use or change in use thereof complies with the provisions of this chapter.
C.	A certificate of occupancy shall be issued within 10 days after any building erected, added to, altered or relocated or proposed change in use of any building or land shall have been approved as complying with the provisions of this chapter. A new certificate of occupancy supersedes any certificate of a prior date for the same premises.
D.	Upon written application from the owner or occupant, the Building Administrator shall issue a certificate of occupancy for any existing lawful nonconforming use and occupancy of a building or land after inspection of the same, certifying the extent and kind of use made of the building or premises, provided that there are no violations of law or orders of the Building Administrator or Board of Appeals or other ordinances of the Town of Woodbury pending at the time of issuing such certificate.
E.	Application for a certificate of occupancy shall be made at the time that application is made for a building permit.
F.	The fee for a certificate of occupancy or certified copy of the same shall be in accordance with the fee schedule established by the Town Board, payable to the Building Administrator at the time that application for the same is made.

A.	In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, morals, safety or the general welfare of the community and shall not be held to repeal, abrogate, annul or in any way to impair or interfere with any easements, covenants or agreements between parties imposing restrictions on the use of land or buildings or any existing provisions of law, except the Zoning Law herein repealed.
B.	Whenever the requirements of this chapter differ from the requirements of any other lawful rules, regulations or law, the most restrictive or that imposing the higher standards shall govern.
C.	In respect to the use of lands owned by the United States of America or Palisades Interstate Park Commission, this chapter shall not be deemed to limit or affect any proprietary powers mandated to either such owner.
D.	Uses not listed as permitted or permitted by special permit shall be deemed to be prohibited, and any list of prohibited uses included herein is for purposes of emphasis and/or illustration.

A.	The Town Board may, from time to time, on its own motion or on petition or on recommendation of the Planning Board, after public notice and hearing, amend, supplement, modify or repeal this chapter, pursuant to provisions of the Town Law. Every proposed amendment shall be referred to the Planning Board for report prior to public hearing thereon.
B.	On petition, duly signed and acknowledged, of the owners of 50% or more of the area in any district requesting amendment, change or modification of the regulations, including the Zoning Map application prescribed for such district, the Town Board may hold a public hearing on such proposal in the manner prescribed by law unless a public hearing has been held within the prior year on substantially the same proposal.
C.	Where the Town Board schedules a hearing for a Zoning Map amendment, it shall notify by mail all owners of real property located in the area of the land included in such proposed Zoning Map change and owners of real property located within 200 feet from the area of the proposed Zoning Map change. A copy of the notice of public hearing shall be mailed to such owners at the addresses shown on the latest assessment roll of the Town of Woodbury.

District	Property
PUD	Timber Ridge Sections 1, 2, 3 and 4
MR	Smith Clove Apartments
MR	Tax Lot Section 41, Block 1, Lot 19 (Woodbury Heights)