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[ADDRESSES]

Chapter _____

§ 1 - Intent § 2 - Definitions§ 3 - Requirements§ 4 - Penalties for Offenses

[History: Enacted by theVillage of New Berlin as Local Law No. 1 of the year 1997. ]

Sec. 1 - Intent

The Board of Trustees of the Village of New Berlin, in support of the Village Fire Department Emergency Medical Services, local police and County Sheriff Department, and other emergency response personnel, adopts this local law to aid and assist these emergency response organizations and personnel in preserving and protecting the peace in the Village and in saving and protecting lives and property within the Village. This local law is adopted in recognition of the fact that oftentimes, time is of the essence when the aforesaid organizations are responding to an emergency.

Sec. 2 - Definitions.

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

1. “Owner” shall include one or more persons, natural persons, corporations, partnerships, associations, joint-stock companies, societies, Limited Liability Partnerships, Limited Liability Corporations and any other entity of any kind which is capable of being sued. 2. “Building” shall mean single and multi-family residences and mobile homes, places of business, places of worship, storage facilities, meeting halls, and any and all other structures or facilities whether or not such structure or facility is currently in use, vacant or abandoned.

Sec. 3 - Requirements.

All buildings within the village that have been assigned a specific street address by or on behalf of the village or which are identified by a specific street address suitable for postage or parcel delivery shall have the number of that address displayed in such a manner that it is easily visible and identifiable from the street. It shall be the obligation of all owners of buildings within the village to display the appropriate numbers upon the buildings which they own, according to the terms of this local law.

A. Such display shall be facing the street which corresponds to the address and shall be on or near the front door of said building, if the building has a front door facing the appropriate street.

B. Such display shall be of Arabic (numerical-style) characters of a minimum height of three (3) inches and of contrasting color to its background.

Sec. 4 - Penalties for Offenses.

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 to exceed two hundred and fifty dollars ($250.00) or by imprisonment for a term not to exceed fifteen (15) days or both, provided, however that the Village, upon first receiving notice of a violation, will serve written notice of the violation, upon the owner of the building, at the last known address of the owner. If the violation is corrected within thirty (30) days from the date of this written notice, said owner shall not be subject to any fine or imprisonment.

The continuation of an offense against the provisions of this chapter shall constitute, for each day that the violation continues, a separate and distinct offense hereunder, punishable by a maximum fine of two dollars per day ($2.00) that the violation continues. If the violation is not remedied within thirty (30) days from the date of

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the original warning letter, this two dollar per day fine shall be assessed in addition to the original penalties assessed and shall be assessed retroactive to the date of the original warning letter.

ANIMALS

Chapter 28

§ 28-1. Prohibited acts.

§ 28-2. Complaints.

§ 28-3. Owner to provide proof of animal's presence.

§ 28-4. Owner to pay cost of care and feeding by village.

§ 28-5. Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of New Berlin 2-28-77 as L.L. No. ~-1977. Amendments noted where applicable.]

§ 28-1. Prohibited acts.

A. It shall be unlawful for any person to allow any domesticated or tamed animal, e.g., dogs, cats, cows, horses or any "tamed" wild animal, in any place in the village except on the property of the owner, harborer or on the premises of another person with consent of such person, unless the animal is restricted by a leash or lead rope not longer than four (4) feet or is under the direct control of a person competent and able to manage and control such animal. B. It shall be unlawful for any person to keep or maintain within the village any animal which continually barks, howls or otherwise causes disturbances to the public peace and quiet or which is permitted to destroy or "litter" the property of others or to cause material damage thereto.

C. Any animal which is observed running at large in violation of this chapter may be seized either by the Warden, appointed by the Village Board, or by any peace officer and may be restrained.

Every effort will be made to find the animal's owner, who shall have the right to redeem the animal upon payment of the required fee. In the absence of any redemption of the animal seized under the provisions of this chapter, such animal may be disposed of after four (4) days. Any animal whose owner cannot be found due chiefly to the fact that there is no identification on the animal will be disposed of after three (3) days. Such seizure and disposal shall be governed by the provisions of the Agriculture and Markets Law of the State of New York.

§ 28-2. Complaints

All complaints regarding animals must be made in writing, with a description of the animal and the owner's name, if known, and signed by the complainant. Every effort must be made to identify the owner of the animal.

§ 28-3. Owner to provide proof of animal’s presence..

The Warden or peace officer may request the owner of an animal to produce such animal at any time and, if unable, it will be assumed the animal is running at large, and the owner shall be fined accordingly.

§ 28-4. Owner to pay cost of care and feeding by village.

For any animal that has been taken into custody by the Warden or peace officer that must be fed and housed, the owner will be charged the prevailing rate, per day, for the keeping of such animal.

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Any violation of any provisions of this chapter shall be punishable by a fine not to exceed ~ for each such violation.

AUCTIONS

Chapter 30

§ 30-1. Permit required.

§ 30-2. Definitions.

§ 30-3. Regulations.

§ 30-4. Permit: application, issuance and fee.


[HISTORY: Adopted by the Board of Trustees of the Village of New Berlin 2-28-77 as L.L. No.21-1977. Amendments noted where applicable.]

GENERAL REFERENCES Garage and lawn sale's - See Ch. 68, Art. I.

§ 30-1. Permit required.

It shall be unlawful for any person or persons to conduct an auction within the corporate limits of the Village of New Berlin without first obtaining a permit and complying with the regulations as set forth in § 30-3 of this chapter.


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

AUCTION - Includes any public sale of land or goods at public outcry to the highest bidder.

GOODS - Includes, but is not limited to, any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.


Auctions in the Village of New Berlin shall be regulated in the following manner:

A. Hours. Any auction in the Village of New Berlin shall not commence before 10:00 a.m. and must terminate by sundown.

B. Merchandise. Auctions shall offer only used, unwanted items of personal property owned by the resident of the property where the auction is held. No new merchandise shall be offered for sale, nor may new merchandise from other sources be brought in and offered for sale.

C. Signs. No signs shall be placed on the public right-of-way. No lighted sign shall be used. The signs shall be displayed only during the auction and shall be promptly removed after the auction.

§ 30-4. Permit: application, issuance and fee.

A. It shall be unlawful for any person or persons to conduct an auction on his or her property without first having received a permit.

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B. Upon application, either in person or by mail or telephone, at least seventy-two (72) hours prior to the commencement of the auction, the Village Clerk is authorized to issue such a permit.

C. The permit shall set forth the name, address and date of the auction.

D. There shall be a fee of fifteen dollars ($15.) for said permit.


Whoever shall violate or fail to comply with any of the provisions of this chapter shall be fined not more than fifty dollars ($50.), and each day that the violation continues shall constitute a separate offense.

CHAPTER 31BINGO

BINGO

Chapter 31

§ 31.1 - Purpose§ 31.2 - Definitions§ 31.3 - Authorization§ 31.4 - Application for license§ 31.5 - General restrictions§ 31.6 - Issuance and duration of license§ 31.7 - Hearing; amendment of license§ 31.8 - Form of license§ 31.9 - Control and supervision§ 31.10 - Sunday games prohibited§ 31.11 - Participation by minors § 31.12 - Prohibition§ 31.13 - Persons operating and conducting games; equipment; expenses; compensation§ 31.14 -Charge for admission and participation; amount of prizes; award of prizes§ 31.15- Advertising games§ 31.16 - Statement of receipts, expenses, etc. § 31.17 - Examination of books and records; examination of managers; etc.; disclosure of information§ 31.18 - Appeals to Control Commission§ 31.19 - Immunity from prosecution; exemption§ 31.20- Offenses; forfeiture of license; ineligibility to apply for license§ 31.21 - Amendment and repeal§ 31.22 - Severability§ 31.23 - Effective Date

History: Enacted as by the Village of New Berlin as Local Law No. 1 of 1978

Section 31.1 - Purpose

The purpose of this Chapter is to authorize the conduct of bingo in the Village of New Berlin pursuant to the provisions of Article One, Section Nine of the Constitution of the State of New York and Article Fourteen-H of the General Municipal Law of the State of New York.

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Section 31.2 - Definitions

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

1. "Control commission: shall mean the state lottery control commission.

2. 'Bingo" or "game" shall mean and include a specific game of chance, commonly known as bingo or lotto in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random.

3. "Authorized organization" shall mean and include only bona fide religious, charitable or non-profit organizations of veterans, volunteer firemen and similar non-profit organizations.

4. "License" shall mean a license issued pursuant to the provisions of this Chapter.

Section 31.3 - Authorization

It shall be lawful for any organization, upon obtaining a license therefor as hereinafter provided, to conduct the game of bingo within the territorial limits of the village of New Berlin, New York, subject

to the provisions of this Chapter, the provisions of Article Fourteen-H of the General Municipal Law and the provisions of the State Lottery Control Law.

Section 31.4 - Application for license

A. Each applicant shall file with the Village Clerk of the Village of New Berlin a written application in the form prescribed in the rules and regulations of the Control Commission duly executed and verified.

B. In each application there shall be designated an active member or members of the applicant organization under whom the game or games of chance described in the application are to be held, operated and conducted, and there shall be appended to the application a statement executed and verified by the applicant and by the member or members so designated that he, she or they will be

responsible for the holding, operation and conduct of such games of chance in accordance with the terms of the license and the provisions of this law, article fourteen-G of the General Municipal Law of the state of New York, and the rules and regulations of the control commission, if such license is granted.

C. In the event that any premises upon which any such game of chance is to be held, operated or conducted, or which is to be used for any other purpose in connection with the holding, operation or conduct thereof, is to be leased or rented from any person, persons or corporations the application shall be

accompanied by a written statement signed and verified under oath by such person or persons or on behalf of such corporation, stating his or its address, the amount of rent to be paid for such premises and stating that such lessor, lessors or if a corporation all of its officers and each of its stockholders who hold more than ten percent or more of its stock issued and outstanding, are of good moral character and have not been convicted of a crime.

Section 31.5 - General restrictions

Any game or games licensed hereunder shall be subjected to the following additional amended and renumbered restrictions concerning the conduct of the game of bingo by an authorized organization in said Village of New Berlin, New York, as required by section four hundred seventy-nine of the General Municipal Law of the state of New York, as amended by chapter four hundred thirty-eight of the laws of nineteen hundred sixty-two:

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1. No person, firm, association, corporation or organization other than a licensee under the provisions of article fourteen-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.

2. 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.

3. No authorized organization licensed under the provisions of article fourteen-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.

4. 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.

5. No prize shall exceed the sum or value of two hundred fifty dollars in any single game of bingo.

6. No series of prizes on any one bingo occasion shall aggregate more than one thousand dollars.

7. No person except a bona fide member of any such organization shall participate in the management or operation of such game.

8. No person shall receive any remuneration for participating in the management or operation o any

game of bingo.

9. 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.

Section 31.6 - Issuance and duration of license

A. The Village Clerk of the Village of New Berlin, New York, shall cause to be investigated the qualifications of each applicant and the merits of each application with due expedition after the filing of the application. The Village Clerk shall determine, among other things, the due qualifications of theapplicant to be licensed, the relationship of the members under whom such games are to be conducted with the applicant, whether such persons are of good moral character or have been convicted of a crime, whether the conduct of such games will comply with all the provisions of law and rules and regulations applicable thereto, whether the proceeds thereof, will be disposed of as provided by article fourteen-H of the General Municipal Law, whether a commission, salary,

compensation, reward or recompense of any nature will be paid to any person conducting or assisting in conducting such games of chance, whether a prize will be offered or given in excess of the sum or value of two hundred fifty dollars in any single game or an aggregate of all prizes given in a series of games on a given occasion will exceed the sum or value of one thousand dollars, and such other questions or inquiries as the Common Council may direct.

1. If the Village Clerk shall determine that the requisite conditions have been met by the applicant, he shall issue a license to the applicant for the holding, operation and conduct of the specific kinds of games of chance applied for upon payment of a license fee of $12.50 for each occasion upon which any

games of chance are to be conducted under such license, which fees are to be paid to the Village Clerk of the Village of New Berlin, New York. In the event that an occasion for which a license is obtained is not utilized by the licensee, there shall be no refund of any license fee.

2. On or before the thirtieth day of each month the Village Clerk of theVillage of New Berlin shall transmit to the State Comptroller a sum equal to fifty per cent of all license fees collected by the Village of New Berlin.

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

Section 31.7 - Hearing; amendment of license

A. No application for a license hereunder shall be denied by the Village 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 to the Village Clerk, if the subject matter of the proposed amendment could lawfully and properly have been included in the original license, and upon the payment of such additional license fee, if any, as would have been payable if it had been so included.

Section 31.8 - Form of license

Each license shall be in such form as shall be prescribed in the rules and regulations promulgated by the Control Commission.

Section 31.9 - Control and supervision

The Village Clerk shall have and exercise control and supervision over all games of chance held operated or conducted under such license, and shall have the power and authority to suspend any

such license, and, after notice and hearing, to revoke the same for violation of any provision of such license, this Chapter, sections four hundred seventy-five to four hundred ninety-nine of the General Municipal Law or the rules and regulations of the Control Commission. The Village Clerk or any officer designated by the Village Clerk shall have the right of entry at all times into any premises where any such game of chance is being held, operated or conducted, or where it is intended that any such game of chance shall be held, operated or 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.

Section 31.10 - Sunday games prohibited

No games of chance shall be conducted under any license issued under this Chapter or article fourteen-H of the General Municipal Law on the first day of the week, commonly known and designated as Sunday.

Section 31.11 - Participation by minors

No person under the age of eighteen years shall be permitted to participate in any game or games of chance held, operated or conducted pursuant to any license issued under this Chapter unless accompanied by an adult.

Section 31.12 - Prohibition

No game or games of chance shall be held, operated or conducted under any license issued under this Chapter oftener than on six days in any one calendar month, or in any room or outdoor area where alcoholic beverages are sold or served during the progress of the game or games.

Section 31.13 - Persons operating and conducting games; equipment; expenses; compensation

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No person shall hold, operate or conduct any game or games of chance under any license issued under this law except an active member of the authorized organization to which the license is issued,and no person shall assist in the holding, operating or conducting of any game or games of chance

under such license except such an active member or a member of an organization or association an auxiliary or a member of an organization or association which is affiliated with the licensee by being, with it, auxiliary to another organization or association and except book-keepers or accountants as hereinafter provided and no such game of chance shall be therefor by the licensee, and no item of expense shall be incurred or paid in connection with the holding, operating or conducting of any game of chance held, operated or conducted pursuant to any license issued under this Chapter, except such as are bona fide items of reasonable amount for goods, wares and merchandise furnished or services rendered which are reasonably necessary to be purchased or furnished for the holding, operating or conducting thereof under any circumstances whatever; no rental shall be paid for the use of any premises for holding, operating or conducting any such game of chance, thereon or for any other purpose in connection with the holding, operating or conducting thereof unless the amount of such rental is stated in a statement annexed to the application for the license as provided in section four hundred eighty of the General Municipal Law or salary, compensation, reward or recompense whatever shall be paid or given, directly or indirectly, to any person holding, operating or conducting, or assisting in the holding,operation or conduct of any game of chance so held, operated or conducted, except that reasonable compensation may be paid to bookkeepers or accountants for bookkeeping or accounting services rendered according to a schedule of compensation prescribed by the rules of the Control Commission.

Chapter 35BUILDING PERMIT PROCEDURES

§ 35-1. Purpose and intent.

§ 35-2. Nonliability of village.

§ 35-3. Statutory authority.


§ 35-5. Building Agent.

§ 35-6. Board of Appeals.

§ 35-7. Permits.

§ 35-8. Alterations; additions.

§ 35.9. Refusal of permit.

§ 35-10. Permit data.

§ 35-11. Records.

§ 35.12. Amendments.

§ 35-13. Time limit for action on permit.

§ 35-14. Expiration of permit.

§ 35-15. Misrepresentation of facts.

§ 35-16. Fee.

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§ 35-17. Establishment of areas; area regulations.

§ 35-18. Applicability of regulations.

§ 35-19. Non-Flood Hazard Area regulations.

§ 35-20. Special Flood Hazard Area regulations.

§ 35-21. Amendments.


[HISTORY: Adopted by the Board of Trustees of the village of New Berlin 2-28-77 as L.L. No. 1~1977. Amendments noted where applicable.]

§ 35-1. Purpose and intent.

The purpose and intent of this chapter is to:

A. Protect the future health, safety and welfare of the habitants of the Village of New Berlin from hazards due to periodic flooding.

B. Minimize public and private damages, including expenditures for relief, insurance and flood control projects.

C. Protect human life and health.

D. Minimize surface and ground water pollution which may affect human, animal or plant life.

E. Require floodproofing of those structures that exist in or must, of necessity, be constructed on flood hazard areas.

F. Establish and maintain eligibility for the Village of New Berlin, Chenango County, New York, for its residents and property owners in the National Flood Insurance Program.

§ 35-2. Nonliability of village.

The Village of New Berlin does not guarantee, warrant or represent that those structures or other improvements designed and constructed in accordance with this chapter will not be subject to flood damage and hereby asserts that there is no liability on the part of the Village Board, its agencies or employees for any flood damage that may occur as a result of reliance upon and compliance with this chapter.

§ 35-3. Statutory authority.

This chapter is enacted pursuant to the provisions of the New York State Village Law, Chapter 64 of the Consolidated Laws, Article VI-A, Building Zones.

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

§ 35-4BUILDING PERMIT PROCEDURES

ALTERATION - As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height, or moving from one location or position to another; the term "alter," in its various modes and tenses and its participle form, refers to the making of an "alteration."

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FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers or other inland areas of water or abnormally rising lake waters resulting from severe storms or hurricanes.

FLOODPROOFING - Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduces or eliminates flood damage to lands, water and sanitary facilities, structures and contents of buildings.

PERMIT - A written approval from the Village Clerk or Planning Board, when authorized by this chapter or the Village Board, to construct or alter a structure or building.

SPECIAL FLOOD HAZARD AREA - That maximum area of the floodplaln that on the average is likely to be flooded once every one hundred (100) years, i.e., that has a one percent (1%) chance of being flooded each year (one-hundred-year. flood), and is delineated on the Flood Hazard Boundary Maps issued by the Federal Insurance Administration, Department of Housing and Urban Development.

STRUCTURE - Anything that is constructed or erected on or under the ground or upon another structure or building.

§ 35-5. Building Agent.

The Village Board, if it desires, may appoint a Building Agent to assist in carrying out the provisions of this chapter and shall prescribe his powers and duties as such Agent and fix his compensation.

§ 35-6. Board of Appeals.

A. The Village Board shall appoint a Board of Appeals consisting of five (5) members. Said members shall be appointed for five-year terms, except for the first year when one (1) member shall be appointed for one (1) year, one (1) member for two (2) years, one (1) member for three (3) years, one (1) member for four (4) years and one (1) member for five (5) years. A person may not be reappointed upon completion of his term until such person waits at least one (1) year from his term completion date.

B. Variance. The Board of Appeals shall have the power, in passing on appeals, to vary or modify the application of the regulations or provisions of this chapter where, as a result of exceptional physical conditions connected with a particular application or insurmountable hardships, it determines that carrying out the strict letter of this chapter would deprive the owner of the reasonable use of the land or building involved. An application for a variance shall be reviewed at a public hearing, the time and date of which shall be set by the Board of Appeals. Notice of the hearing shall be published in the official village paper at least five (5) days prior to the hearing date. To grant the variance, eighty percent (80%) of the voting members present must give affirmation. Such decision shall be rendered within twenty-one (21) days of the submission of the variance application. Upon the decision being made, the Board of Appeals shall issue a written reply to the applicant. The fee for the variance application shall be set by the Village Board.

§ 35-7. Permit.

No building or other structure shall be erected unless and until a permit shall first have been issued by the Village Clerk acting upon the instructions of the Village Board of Trustees.

§ 35-8. Alterations; additions.

No exterior structural alteration or addition to an existing structure having a value or cost in excess of one thousand five hundred dollars ($1,500.) shall be made until a permit shall first have been issued by the Village Clerk acting upon the instructions of the Board of Trustees. Ordinary repair (e.g., roof repair, porch, new siding, painting, etc.) and interior renovations (e.g. remodeling of ceilings, walls, floors, etc. to buildings or structures may be made without obtaining a permit. Conversion to a dwelling unit or increasing the number of habitable units requires a permit.

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§ 35-9. Refusal of permit.

Except upon written order of the Board of Appeals or the Planning Board as provided herein, no permit shall be issued for any structure, addition or alteration which violates or will violate any provision of this chapter.

§ 35-10. Permit data.

There shall be submitted to the Village Clerk, with each application for a permit, a copy of the layout or plan showing the actual dimensions of the lot or area where the structure or alteration is or will be located; the plan and dimensions of each structure or extension to be constructed; the proposed location of the lot; and map and Tax Map number used for fire protection, together with such other information as may be necessary, on a form provided by the Clerk, to determine whether the proposed construction or alteration will comply with this chapter. Such information may require a detailed statement or plans and drawings of the work showing precautions taken to minimize impairment and contamination from flooding.

§ 35-11. Records.

All applications, notices and signed statements required by this chapter shall be presented to and kept on file in the office of the Village Clerk.


Nothing in this chapter shall prohibit the filing of amendments to any application at any time before the completion of the work for which a permit was sought, and such amendments, after approval, shall be made a part of the application and filed as such.

§ 35-13. Time limit for action on permit.

The Clerk shall approve or reject any application or permit or amendment thereto, filed pursuant to the provisions of this chapter, within seven (7) working days. If rejected, the Clerk shall give written notice within ten (10) working days by certified mail, clearly stating the reasons for rejection.

§ 35-14. Expiration of permit.

Any permit issued by the Clerk under the provisions of this chapter, but for which no actual work is commenced within one (1) year from the date of issuance, shall expire and be null and void.

§ 35-15. Misrepresentation of facts.

The Clerk may reject any permit or approval issued under the provisions of this chapter when there is found to be any false statement or misrepresentation as to material fact in the application on which the permit or approval was based.

§ 35-16. Fee The fee for a permit issued under this chapter is five dollars ($5.).

§ 35-17. Establishment of areas; area regulations

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A. Area boundary lines. The delineation of Special Flood Hazard Areas (SFHA) and Non-Flood Hazard Areas(NFHA) and their boundary lines are drawn on the Official Map accompanying this chapter and said map shall be part of this chapter.

B. Official Map. Area boundary lines shall be interpreted from the Official Map accompanying this chapter. Dimensions of such lines will be scaled from the Official Map and compared with ground distances between definite natural or man-made points. Thereafter, said map shall become the Official Map when approved by the Village Board.

C. Interpretation. In the case of uncertainty as to the true location of area boundary lines or the interpretation of area regulations, the decision of the Board of Appeals or the Planning Board is final. Nothing in this chapter is intended to imply that areas outside the SFHA will be free from flooding.

D. Map modification. The area boundary lines will be further modified following the establishment of floodway and floodway fringe areas as delineated in a survey to be made by the Federal Flood Administrator from the United States Department of Housing and Urban Development. Further modification will be in accordance with amendment procedures as set forth in this chapter.

§ 35-18. Applicability of regulations.

The regulations for the Special Flood Hazard Areas and Non-Flood Hazard Areas shall be adhered to in compliance with this chapter.

§ 35-19. Non-Flood Hazard Area regulations.

A permit shall be issued when it is determined that the structure is located within the Non-Flood Hazard Area and the proposed construction or alteration is in full compliance with the statutes of the State of New York, the National Board of Fire Underwriters' standards and all other applicable village codes.

§ 35-20. Special Flood Hazard Area regulations.

A permit shall be issued when it is determined that the structure is located within the Special Flood Hazard Area and the proposed construction or alteration is in full compliance with the statutes of the State of New York, the National Board of Fire Underwriters' standards and all other applicable village codes and the following special Special Flood Hazard Area regulations:

A. Alterations or repairs shall use construction materials and utility equipment that are resistant to flood damage and shall use construction methods and practices that will minimize flood damage.

B. Proposed new construction or substantial improvements, including prefabricated and mobile homes, shall:

(1) Be protected against flood damage.

(2) Be designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure.

(3) Use construction materials and utility equipment that are resistant to flood damage.

(4) Use construction methods and practices that will minimize flood damage.

C. The village 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 the 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.

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D. Joist-bearing sills shall be anchored to the foundation walls at intervals not to exceed eight (8) feet and four (4) feet at the corners by anchor bolts not less than three-fourths (3/4) inch in diameter, with proper washers, embedded at least two (2) feet into such walls.

E. Foundation walls are to be of poured concrete, block-type.

F. Other Special Flood Hazard Area regulations. Before permit is issued in a Special Flood Hazard Area, the Clerk shall:

(1) Take into account floodplain management programs. if any, already in effect in neighboring areas.

(2) Provide that, within the Special Flood Hazard Area, the laws and ordinances concerning land use and control and other measures designed to reduce flood losses shall take precedence over any conflicting laws ordinances or codes.

(3) Review subdivision proposals and other proposed new developments to ensure 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 Village Board may from time to time, on its own motion or on petition by the public or the Planning Board, after public notice and hearing [the public hearing date and time to be set by the Village Board and such information to be published in the official paper at least five (5) days prior to the date of the scheduled hearing], amend, supplement or change the regulations or uses herein established and adopt rules and regulations for the purpose of construing, interpreting and carrying into effect this chapter as required for the adoption of a local law.


A. Every agent, architect, building contractor, owner, tenant or other person having charge of any building or lands who commences, takes part in or assists in any violation of any of the provisions of this chapter or who constructs or maintains any building, structure or premises in, upon or by which any provision of this chapter is violated shall, for each and every day that said violation continues, be subject to a fine of not more than two hundred fifty dollars ($250.) or imprisonment for a period not to exceed fifteen (15) days, or both such fine and imprisonment.

B. Whenever the Village Board shall certify that any building, or any part thereof or any lands are being used in violation of the provisions of this chapter, it shall authorize the Village Attorney to institute all actions and proceedings, either legal or equitable, that may be appropriate or necessary for the enforcement of the provisions of this chapter.

CHAPTER _____CANINE WASTE LOCAL LAW

§ A. Removal required§ B. Enforcement§ C. Penalty

History: Enacted by the Village of New Berlin as Local Law No. 1 of the year 1996

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A. Removal required.Any person who is the owner, keeper, harborer, person in charge of or person walking a dog shall

immediately pick up any feces expelled by such dog on any property, the owner of which has not given permission therefor, and deposit them in a container lawfully used for the disposal of refuse. In no event shall any feces be deposited in sewers or drains, whether storm or sanitary.

B. Enforcement.Any police officer or dog control officer of the Village of New Berlin is hereby authorized and

empowered to enforce this ordinance and to receive and act upon citizen complaints in reference thereto.

C. PenaltyAny person who shall violate any of the provisions of this Law shall, upon conviction, be punished by

the imposition of a fine not to exceed Twenty-five Dollars ($25.00) for the first violation, Fifty Dollars ($50.00) for the second violation within six months of the first violation, and One Hundred Dollars ($100.00) for the third and subsequent violations within six months of the first violation.

Chapter 39CEMETERIES

§ 39-1. Issuance of deeds; compliance with rules.§ 39-2. Use of lots.§ 39-3. Approval required for erection of a tomb or vault.§ 39-4. Control of vegetation.§ 39-5. Removal of improper or offensive objects.§ 39-6. Placement of monuments.§ 39-7. Maintenance of lots.§ 39-8. Enclosure of lots prohibited.§ 39-9. Permit required for interments.§ 39-10. Amendments.§ 39-11. Visitors.§ 39-12. Lots to be sold with provisions for perpetual care; exceptions.§ 39-13. Destruction of property; nonliability of village.


[HISTORY: Adopted by the Board of Trustees of the Village of New Berlin 6-4-51. Amendments noted where applicable.]

§ 39-1. Issuance of deeds; compliance with rules.

Deeds of conveyance of lots in village cemeteries shall be issued in the name of the Village of New Berlin and signed and acknowledged by the Mayor of the village and the Clerk of the Board of Trustees of the village and shall be issued in duplicate in substantially the form annexed hereto and shall be subject to the following rules, regulations and privileges, which said rules, regulations and privileges shall be incorporated in each deed hereafter issued.

§ 39-2. Use of lots.

All lots shall be held in pursuance of provisions of the Village Law of the State of New York and shall not be used for any other purposes than as a place for the burial of the dead.

§ 39-3. Approval required for erection of a tomb or vault.

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No vault or tomb shall be built without the approval of the Village Board of Trustees being first obtained, and such approval may be evidenced by permits issued by the Village Clerk at the direction of the Board of Trustees of the village.

§ 39-4. Control of vegetation.

If, in the judgment of the Board of Trustees, any trees, shrubs or plants situated on any lot shall, by means of roots, branches or otherwise, become detrimental to the adjacent lots or avenues, or dangerous or inconvenient, or may mar the effect and beauty of the scenery, it shall be the duty of said Trustees to cause the removal of any or all of such trees, shrubs or plants, or such parts thereof, as may be deemed objectionable for the purposes hereinbefore mentioned; nor shall any trees, shrubs or plants more than eight (8) feet in height be allowed on any lot or lots, and no flowers are to be planted farther than twelve (12) inches from any monument or markers.

§ 39-5. Removal of improper or offensive objects.

If any monument, vault, tomb or structure whatever or any inscription placed in or upon any lot shall be determined by a majority of the Trustees to be offensive or improper, the said Trustees shall have the right, and it shall be their duty, to cause the removal of the offensive or improper. object or objects, and they or their agents shall have the right to enter upon such lot or lots for the purpose hereinbefore mentioned.

§ 39-6. Placement of monuments.

All cornerstones for lots shall be set so that the tops shall be even with the surrounding surface. No foundation for the erection of a monument shall be less than four (4) feet deep from the surface of the surrounding ground. No foundation for the placing of markers shall be less than eighteen (18) inches to two (2) feet deep from the surface of the surrounding ground, and the placing of all cornerstones, monuments and markers shall be directed by some agent of the Board of Trustees.

§ 39-7. Maintenance of lots.

All earth or rubbish accumulated in any erection or improvement upon any lot or lots must be removed and the grass cut and trimmed and the respective lots kept in good order at all times. When any lot shall be graded, it shall be graded so that the surface shall be on the level with the surface of the surrounding lots.

§ 39-8. Enclosure of lots prohibited.

No enclosure of lots will be allowed; nor shall any curbing, coping stone or fences be allowed to be erected on any lot or lots at any time.

§ 39-9. Permit required for interments.

Proprietors shall not allow interments to be made upon lots for a compensation, nor shall any transfer or assignment of any lot or any interest therein be valid, without the written consent of the Trustees. All persons are forbidden to dig or open graves for burial purposes, nor shall any disinterment in said cemeteries be made, except by permit of the Board of Trustees and under the direction and control of its agent or agents.


All conveyances shall, subsequent to the adoption of these rules, be made and accepted, subject to the right on the part of the Board to adopt other reasonable rules, regulations and ordinances, to make reasonable amendments to the present rules, etc.

§ 39-11. Visitors.

The proprietors of lots and their families shall be allowed access to the grounds at all times, observing the rules which have been or may be adopted for the regulation of visitors.

§ 39-12. Lots to be sold with provisions for perpetual care; exceptions.

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All lots are to be sold with perpetual care from June 4, 1951, on, with the exception of the designated portion which is the unsold balance of Section I. This portion is saved for individual graves or lots without perpetual care.

§ 39-13. Destruction of property; nonliability of village. [Added 2-28-77 by L.L. No.3-1977]

No person shall write upon, deface, mark, cut or otherwise injure any monument, tree, fence or other structure, nor shall any person pick any flowers, wild or cultivated, or deface or injure any tree, shrub or plant belonging to or within the confines of any village cemetery. The Village of New Berlin assumes no responsibility should any damage occur, and nothing herein shall be construed as an acceptance on the village's part of any such liability.

§ 39-14. Penalties. for offenses. [Added 2-28-77 by L.L. No.3-1977]

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 two hundred fifty dollars ($25O.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

CURFEWChapter _____

§ I - Hours effective for minors under sixteen; exceptions§ II - Responsibility of parents.§ III - Penalties for Offenses§ IV - Severability

History: Enacted by the Village of New Berlin as Local Law No. 1 of 1990

LEGISLATIVE INTENT

The Village Board of the Village of New Berlin deems it is in the best interest of the citizens of the Village of New Berlin to prevent vandalism and loitering on Village streets.

STATUTORY AUTHORITY

This law is enacted pursuant to the authority granted in Article 2 Sec 10 of Municipal Home Rule Law of New York.

SECTION I - Hours effective for minors under sixteen; exceptions.

It shall be unlawful for any minor under the age of sixteen (16) years to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, public building, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 10:00 p.m. and 6:00 a.m. of the following day, provided, however, that the provisions of this section shall not apply to a minor accompanied by his parent, guardian or other person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor.

SECTION II - Responsibility of parents.

It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of sixteen (16) years to permit such minor to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 10:00 p.m. and 6:00 a.m. of the following day, provided, however, that the provisions of this section do not apply when the minor is accompanied by his parent, guardian or other adult person having

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the care or custody of the minor, or unless the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor.

SECTION III - Penalties for Offenses

A. Any minor violating the provisions of Sec. I shall be held in the Police Department Office until the parents, guardian or other adult person having the control of such child or minor is personally notified of such detention, and, further, said minor apprehended for the violation of this local law shall be charged in the Family Court with the violation of this ordinance and dealt with therein under the Family Court Act of the State of New York. Each violation of Sec. I shall constitute a separate offense.

B. Any parent, guardian or other adult person having the care and custody of a minor violating SEC. II hereof, upon conviction of a violation of the provisions of this local law, shall be subject to a penalty not to exceed two hundred fifty dollars ($250.) for each offense. Each violation of SEC. II shall constitute a separate offense.

SECTION IV - Severability.

It is the intention of the Village Board of Trustees that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the Village Board of Trustees that if any provision of the local law be declared invalid, all other provisions thereof shall remain valid and enforceable.

CHAPTER _____DANGEROUS DOGS

§ II - Restrictions on dangerous dogs§ III - Vicious dogs prohibited§ IV - Exceptions§ V - Registration§ VI - Insurance required§ VII - Enforcement§ VIII - Penalties for offenses§ IX - Severability

SECTION I - DEFINITIONS

As used in the chapter, the following words and terms shall have the following meanings: DANGEROUS DOG:

A. Any Dog:

1. Which when unprovoked approaches any person upon the streets, sidewalks, or on any public grounds or places in a vicious or terrorizing manner or in any apparent attitude of attack;

2. With a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals;

3. Which bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal without provocation on public or private property;

4. Which has been ordered confined pursuant to the provisions of Section121 of the Agriculture and Markets Law, or

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5. Which is a vicious dog as defined in this statute but was acquired prior to the effective date of this chapter.

B. Not withstanding the foregoing, except pursuant to Subsection A (4) above, no dog may be considered to be a dangerous dog by reason of any injury or damage sustained by a person when such person was teasing, tormenting, abusing, or assaulting the dog or was committing or attempting to commit a crime; any injury or damage sustained by a domestic animal which, at the time such injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog; or any injury or damage caused by the dog in protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

KEEPER: Any person other than the owner of a dangerous/vicious dog who harbors or has in his or her possession a dangerous/vicious dog or manages, controls or cares for a dangerous/vicious dog.

OWNER: Any person or legal entity having a possessory property right in an animal or who harbors, cares for or exercises control over an animal or knowingly permits an animal to remain on premises occupied by him.

UNCONFINED: Outside the confines of a residence or commercial structure commonly occupied by human beings or an enclosure of at least six (6) feet in height with secure sides, top and bottom or, if there is no bottom, with sides which extend at least one (1) foot underground, and which shall be locked and designed to prevent the escape of the animal or the entry of young children.

VICIOUS DOG:

A. Any dog owned, harbored or trained primarily or in part for the purpose of dog fighting;

B. Any dog owned, harbored or trained primarily or in part for the purpose of attacking a human being or domestic animal upon command; or

C. Any dog known by the owner to be or identifiable as in whole or in part of a breed commonly known as a "pit bull", which shall include dogs wholly or partly of the breeds known as "American Staffordshire Terrier", "American Pit Bull Terrier", "Bull Terrier" and "Staffordshire Bull Terrier", but shall not include any purebred dog of the breed "Bull Terrier" or "Staffordshire Bull Terrier" which is registered as such with the American Kennel Club.

SECTION II - RESTRICTIONS ON DANGEROUS DOGS.

No person should suffer, permit or allow any dangerous dog to remain unconfined on property within the Village of New Berlin or to go beyond the boundaries of such property unless such dog is securely muzzled and restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not exceeding (3) feet in length and is under direct control and supervision of the owner of the dog. The owner or keeper of a dangerous dog shall post conspicuous notices on the perimeter of the property where such dog is kept to warn persons of the nature of the dog confined therein.

SECTION III - VICIOUS DOGS PROHIBITED

No person shall sell, purchase, possess, rent, lease, or harbor a vicious dog within the jurisdiction of the Village of New Berlin other than a vicious dog that has been acquired prior to the effective date of this Local Law and registered as required pursuant to this local law.

SECTION IV - EXCEPTIONS

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A. The provisions of this section shall not apply to:

1. Animal shelters designated by the Department of Health to keep or hold animals, including all shelters operated by the American Society for the Prevention of Cruelty to Animals;

2. Facilities which are maintained by or are under the control of the Village;

3. Places of public exhibition, contest, or show sponsored by a dog club association or similar organization and persons who have brought a dog temporarily within the jurisdiction of the Village of New Berlin for the purpose of showing a dog to such an exhibition, contest, or show or for other entertainment purposes as

defined in regulations promulgated by the Village Board, provided that the sponsor of the exhibition, contest, show, or entertainment has obtained written

permission from the Village Board and has provided protective measures adequate to prevent dogs from escaping or injuring the public;

4. Laboratories operated pursuant to section 504 of the Public Health Law or educational or scientific institutions; and

5. Persons authorized to enforce the provisions of the Local Law.

B. This section shall not be deemed to prohibit any business transaction concerning a dog that is not physically present in the Village.

SECTION V - REGISTRATION.

The owner of any dangerous/vicious dog who acquired such dog prior to the effective date of this local law shall register such dog with the office of the Village Clerk no later than sixty (60) days after the effective date of this local law.

SECTION VI - INSURANCE REQUIRED

A. No owner of any dangerous/vicious dog shall be allowed to register said animal unless such owner produces proof that he has obtained liability insurance in the amount of at least one million dollars ($1,000,000) covering any damage or injury which may be caused by such dog during the twelve-month period for which registration is sought.

B. The owner of a dangerous/vicious dog shall maintain liability insurance in full force and effect at all times as required by Subsection A of this section, unless he shall cease to own, keep or harbor the dog prior to the expiration of such registration.

SECTION VII - ENFORCEMENT.

A. Any police office, animal control officer, or code enforcement officer of the Village of New Berlin is authorized to issue an appearance ticket or uniform appearance ticket for the violation of any provision of this local law.

B. Any animal which is observed running at large in violation of the provisions of this local law may be picked up or captured by a dog warden, animal control officer, police officer, or by any other person or agency duly designated by the Village of New Berlin to perform such service. Any such dog warden, animal control officer, police officer, or the authorized person or agency who picks up or captures such animal shall be empowered to exercise such degree of force as shall be necessary to effect such pickup or capture without intentionally injuring or harming the animal.

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C. When the animal seized is a dog, it shall be held, cared for, and disposed of in a manner consistent with Section 118 of the Agriculture and Markets Law of the State of New York.

D. Every reasonable effort will be made by the Village of New Berlin to locate and notify the owner of the pickup or capture of his or her animal. Upon such location and notification to the owner, the Department of Health will return the animal to its owner within a prompt and reasonable period of time, provided that such return of the animal is not contrary to the provisions of this local law. The Village may require reasonable proof of ownership. The return of such animal to its owner shall be deemed proof of ownership, unless such animal has valid license tag pursuant to the provisions of the Agriculture and Markets Law of the State of New York, in which case such tagging shall be deemed proof of such ownership. The owner shall be subject to the penalties provided in this Local Law.

SECTION VIII - PENALTIES FOR OFFENSES.

A violation of this local law shall be publishable for the first offense by a minimum fine of twenty five dollars ($25) but not exceeding five hundred dollars ($500), for the second offense by a minimum fine of fifty dollars ($50) but not exceeding five hundred dollars ($500), for the third and any succeeding offense by a fine of five hundred dollars ($500). Each day on which a violation of this local law occurs shall constitute a separate and distinct offense.

SECTION IX - SEVERABILITY

If any provision, section, paragraph, subdivision, or clause of this local shall be adjudged invalid, such adjudication shall apply only to the provision, section, paragraph, subdivision, or

clause so adjudged, and the balance of this local law shall remain valid and effective.

CHAPTER _______EMPLOYEE BONUSES

§ 1 - Purpose§ 2 - Bonuses Authorized§ 3 - Effective Date

History: Enacted by The Village of New Berlin as Local Law No.1 of the year 1991

Section 1 - Purpose

The purpose of this local law is to maintain morale of employees of the Village of New Berlin at a positive level by granting a Christmas bonus.

Section 2 - Bonuses Authorized

The Village of New Berlin board of Trustees may authorize a monetary Christmas bonus to village employees at the November meeting of each year, in an amount not to exceed $100.00, per employee, to be paid on December 15th of each year.

Section 3 - Effective Date

This local law shall take effect upon its adoption by the Village Board of Trustees.

CHAPTER _______

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[EMPLOYEE WAGE DEDUCTION AUTHORIZATION]

§ 1 - Purpose§ 2 - Authorization§ 3 - Effective Date


Section 1PurposeThe purpose of this local law is to authorize deductions from village employee payrolls.

Section 2AuthorizationThe Board of Trustees will provide for village employees to authorize the village to make deductions

from their wages and transmit the moneys to employee designated accounts.

Section 3Effective DateThis local law shall take effect upon its filing with the State of New York.

Chapter 44

FIREARMS

§ 44-1. Discharge of firearms within village prohibited.§ 44-2. Exceptions.§ 44-3. Penalties for offenses.


GENERAL REFERENCES Peace and good order - See Ch. 61.

§ 44-1. Discharge of firearms within village prohibited.

No person shall discharge any type of firearm or compressed-air pellet gun, including but not limited to hand guns, pistols, revolvers, rifles or shotguns, within the village at any time for any purpose.

§44-2. Exceptions. [Added 2-28-77 by L.L. No.4-1977] The provisions of this chapter shall not apply to:

A. Any peace officer while engaged in carrying out his duties.,,

B. Programs conducted by public schools and other authorized organizations offering instruction and training in the use of firearms.

§ 44-3. Penalties for offenses. [Amended 2-28-77 by L.L. No.4-1977]

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 two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

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Chapter 46FIRE PREVENTION

§ 46-1. Creation of Division of Fire Prevention.§ 46-2. Duties.§ 46-3. Right to inspect; areas to be inspected.§ 46-4. Power to order removal of fire hazards.§ 46-5. Power to order alteration of premises.§ 46-6. Appeals; results to be final.§ 46-7. Service of notice.§ 46-8 Frequency of inspections.§ 46-9 Investigation of fires.§ 46-10 Records.§ 46-11. Liability.§ 46-12. Inspection of proposed facilities for storage of hazardous materials; license required.§ 46-13. Supervision of school fire drills.§ 46-14. Definitions.§ 46-15. Removal of hazardous conditions by village; cost to become lien.§ 46-16. Penalties for offense.

[HISTORY: Adopted by the Board of Trustees of the Village of New Berlin 11-6-47. Amendments noted where applicable.

§ 46-1. Creation of Division of Fire Prevention.

A Division of Fire Prevention in the Fire Department of the Village of New Berlin is hereby created, which Division shall be operated under the Chief of the Fire Department. Such Chief is empowered and authorized to assign such and as many members of the uniform force to make inspections and perform other fire prevention work hereinafter provided for as he deems necessary for the proper performance of the functions and duties of the Division.

§ 46-2. Duties.

A. It shall be the duty of the Division of Fire Prevention to enforce all laws and ordinances of the state and village covering the following:

(1) The prevention of fires.

(2) The storage and use of explosives and flammables.

(3) The installation and maintenance of automatic and other fire alarm systems and fire extinguishing equipment.

(4) The maintenance and regulations of fire escapes

(5) The means and adequacy of exit in case of fire from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters and all other places in which numbers of persons work,

live or congregate from time to time for any purpose.

. (6) The investigation of causes, origin and circumstances of fires.

(7) The conducting of fire prevention campaigns and the preparation and circularization of fire prevention literature.

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B. The Division of Fire Prevention shall have such other powers and perform such other duties as are set forth in other sections of this chapter and as may be conferred and imposed upon it from time to time by law.

§ 46-3. Right to inspect; areas to be inspected.

The Division of Fire Prevention is hereby empowered and authorized, at any time and all reasonable times and as often as necessary, to enter upon and into any premises, building and structure within the limits of the Village of New Berlin, except the interior of private dwellings, for the purpose of examining and inspecting the same to ascertain the condition thereof with regard to the presence and arrangements of deposits of any articles, materials, substances, goods, wares or merchandise which may have a tendency to create danger of or from fire in such premises, building or structure, or to create danger in case of fire on or in the same, or personal injury to or loss of life of the occupants of or persons on or in such premises, building or structure; also with regard to the condition, size, arrangement and efficiency of any and all appliances for protection against fire on or in such premises, building or structure; also any violations of any ordinances of the village or laws or regulations of the State of New York affecting or dealing with fire hazards. Any person refusing to permit such entrance and inspection or who shall interfere with or hinder the same shall be guilty of a violation of this chapter. Assistants shall report, in writing, to the Chief the result of their inspections.

§ 46A. Power to order removal of fire hazards.

If the Chief of the Fire Department or those acting under or for him shall find upon such inspection of such premises, building or structure any rubbish, debris, waste or flammable or combustible materials and that the same are not so arranged or disposed of as to afford a reasonable safeguard against the danger of fire; or shall find that the articles, materials, goods, wares and merchandise on or in such premises, building or structure are so arranged and disposed that the occupants there of or persons rightfully in or on the same would not, because of such arrangement and disposition, be afforded reasonable access to the exits of such premises, building or structure in case of fire; or shall find that, by reason of such arrangement or disposition, the members of the Fire Department would unnecessarily or unreasonably be interfered with in the exercise of their duties in and about such premises, building or structure in the case of fire in the same, the Chief may order, in writing, the removal of such rubbish, debris, waste or flammable or combustible materials from such premises, building or structure or the disposing or arranging of the same on or in such premises, building or structure in such manner as will remove such danger from fire. He may also order, in writing, that such articles, materials, goods, wares or merchandise be so arranged and disposed of on or in such premises, building or structure so that the occupants thereof, or the persons rightfully in or on the same, will be afforded all reasonable access to the exits from the same in case of fire, and the members of the Fire Department will be afforded all reasonable facilities for the discharge of their duties in and about such premises, building and structure in the case of fire.

§ 46-5. Power to order alteration of premises.

Whenever the Chief of the Bureau of Fire Prevention or those acting under or for him shall find any building or other structure which, for want of repair., lack of or insufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated condition or from any other cause, is especially liable to fire or is so situated as to endanger other property or the occupants thereof, or whenever any officers shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or occupants there of, he or they shall order such dangerous conditions or materials to be removed or remedied, and such orders shall forthwith be complied with by the owner or occupant of such premises or building.

§ 46.6. Appeals; results to be final.Should any owner, lessee or occupant of any premises, building or structure or the owner or person in control of any materials, goods, wares or merchandise consider himself aggrieved by the orders of the Chief of the Fire Department, he may within twenty-four (24) hours after such order has been served on him, appeal to the Village Board, which shall thereupon make such order on the premises as it may deem right and reasonable, and such order shall be final.

§ 46-7. Service of notice.

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The orders provided for in §§ 46-4, 46-5 and 46-6 shall be directed to the owner, lessee or occupant of such premises, building or structure or to the owner or person in control of the articles, materials, goods, wares or merchandise herein referred to, as the circumstances may require. The service of order or notice required in this chapter shall be made by mailing a copy thereof to the last known address of the owner of the premises in question, or his duly authorized agent, or by mailing or delivering a copy thereof to the owner, occupant or person in charge or by delivering a copy thereof to any person of suitable age and discretion in charge or apparently in charge of the premises or, if no person is found to be in charge of the premises, then by affixing a copy of such order or notice in a prominent place on the exterior of such premises. It is hereby made the duty of such owner, lessee or occupant of such premises, building or structure and of such person in control of such articles, materials, goods, wares and merchandise, or the owner thereof, to comply with such order or orders within the time and in the manner directed.

§ 46-8. Frequency of inspections.

It shall be the duty of the Division of Fire Prevention to inspect:

A. As often as necessary, but not less than four (4) times a year, all specially hazardous manufacturing processes, storage or installations of acetylene or gases, chemicals, oils, explosives and flammable materials, all interior fire alarms and automatic sprinkler systems and such other hazards and appliances as the Chief of the Fire Department shall designate.

B. As often necessary, but not less than twice a year in outlying districts and four (4) times a year in the closely built portions of the village, all buildings, premises and public thoroughfares, except the interior of private dwellings.

C. Upon the complaint of any citizen, any premises, building or structure within the village, including the interior of private dwellings.

§ 46-9. Investigation of fires.

The Division of Fire Prevention shall investigate the cause, origin and circumstances of every fire occurring in the village by which property has been destroyed and damaged and, so far as possible, shall determine whether the fire is the result of carelessness or design. Such investigation shall be begun immediately, upon the occurrence of such a fire, by the Chief of the Fire Department, who shall take charge immediately of the physical evidence, shall notify the proper authorities designated by the law to pursue the investigation of such matters and shall further cooperate with the authorities in the collection of evidence and the prosecution of the case. Every fire shall be reported, in writing, to the Division of Fire Prevention within two (2) days after the occurrence of the same by the officer in whose jurisdiction such a fire has occurred. Such report shall be in such form as shall be prescribed by the Chief and shall contain a statement of all facts relating to the cause, origin and circumstances of such fire, the extent of the damage thereof, the insurance upon such property and such other information as shall be required.

§ 46-10. Records.

The Chief of the Division of Fire Prevention shall sign, or cause to be signed, all notices and orders required to be issued from the division and shall keep a record of the same. He shall also keep, or cause to be kept, a proper record of all inspections, investigations or examinations made by the Bureau, including: the date of inspection, investigation or examination and a summary of the violation or violations found to exist, if any, the date of the service the order or notice, a memorandum of the final disposition of all violations found to exist and a proper record of all other transactions and operations of the Division.

§ 46-11. Liability.

In the event of a fire resulting directly or indirectly from any omission or neglect to comply properly with any written order of the Chief as provided in this chapter, any such owner, lessee, occupant or person culpable or negligent in respect thereto shall be liable to the Village of New Berlin for the payment of all costs and expenses of the Fire Department incurred in and about the use of employees, apparatus and materials in the extinguishment of any fire resulting from such cause. The amount of such costs and expenses shall be fixed by the Village Board and shall be collected by it in a civil action wherein the Village of New Berlin shall be plaintiff and the party

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culpable or negligent as above set forth shall be defendant. When collected, such costs and expenses shall be paid into the village treasury and credited to the general fund.

§ 46-12. Inspection of proposed facilities for storage of hazardous materials; license required.

Before licenses may be issued for the keeping, storage, use, manufacture, sale, handling, transportation or other disposition of highly flammable materials and rubbish, crude petroleum or any of its products, gun- or blasting powder, dynamite or explosives of any kind, including fireworks, firecrackers and signaling explosives, the Chief of the Division shall inspect, or cause to be inspected, and approve the receptacles, vehicles, buildings or storage places to be used for any such purposes.

§ 46-13. Supervision of school fire drills.

It shall be the duty of the Chief of the Division to require teachers of public, private and parochial schools and educational institutions to have at least one (1) fire drill quarterly and to keep all doors and exits unlocked during school hours.



OWNER, LESSEE, OCCUPANT, PERSON IN CONTROL OF or PERSON - Includes one (l) 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.

§ 46-15. Removal of hazardous conditions by village; cost to become lien. [Added 2-28-77 by L.L. No.5-1977]

In the event that the person served with a notice to the effect that a hazardous condition exists, as provided for in § 46-4, falls to remedy the situation within the time limit set forth in such notice, the village may cause the removal of such hazard to be accomplished, and the expense thereof shall be assessed against the property on which the hazard existed and shall constitute a lien and charge on such property until paid, satisfied or otherwise discharged and shall be collected in the same manner as other village charges. This expense shall be in addition to any other penalty provided for in this chapter or by law.

§ 46-16. Penalties for offenses. [Amended 2-28-77 by L.L. No-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 two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (.15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

CHAPTER _______FLOOD DAMAGE PREVENTION

SECTION 1.0STATUTORY AUTHORIZATION AND PURPOSE

§ 1.1 FINDINGS§ 1.2 STATEMENT OF PURPOSE§ 1.3 OBJECTIVES

SECTION 2.0DEFINITIONS

SECTION 3.0GENERAL PROVISIONS

§ 3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES

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§ 3.2 BASIS FOR ESTABLISHING THE AREA OF SPECIAL FLOOD HAZARD§ 3.4 SEVERABILITY§ 3.5 PENALTIES FOR NON-COMPLIANCE§ 3.6 WARNING AND DISCLAIMER OF LIABILITY

SECTION 4.0ADMINISTRATION

§ 4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR § 4.2 ESTABLISHMENT OF DEVELOPMENT PERMIT§ 4.2-1 APPLICATION STAGE§ 4.2-2 CONSTRUCTION STAGE§ 4.3 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR§ 4.3-1 PERMIT APPLICATION REVIEW§ 4.3-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA§ 4.3-3 INFORMATION TO BE OBTAINED AND MAINTAINED§ 4.3-4 ALTERATION OF WATERCOURSES§ 4.3-5 INTERPRETATION OF FHRM, FIRM OR FBFM BOUNDARIES§ 4.3-6 STOP WORK ORDERS§ 4.3-7 INSPECTIONS§ 4.3-8 CERTIFICATE OF COMPLIANCE

SECTION 5.0PROVISIONS FOR FLOOD HAZARD REDUCTION

§ 5.1 GENERAL STANDARDS§ 5.1-1 ANCHORING§ 5.1-2 CONSTRUCTION MATERIALS AND METHODS§ 5.1-3 UTILITIES§ 5.1-4 SUBDIVISION PROPOSALS§ 5.1-5 ENCROACHMENTS§ 5.2 SPECIFIC STANDARDS§ 5.2-1 HAVE THE LOWEST FLOOR, INCLUDING BASEMENT OR CELLAR, ELEVATED TO OR ABOVE THE BASE FLOOD ELEVATION § 5.2-2 NONRESIDENTIAL CONSTRUCTION§ 5.2-3 CONSTRUCTION STANDARDS FOR AREAS OF SPECIAL FLOOD HAZARDS

WITHOUT BASE FLOOD ELEVATIONS§ 5.3 FLOODWAYS

SECTION 6.0VARIANCE PROCEDURE

§ 6.1 APPEALS BOARD§ 6.2 CONDITIONS FOR VARIANCES

ATTACHMENTS & SAMPLE FORMSA. Flood Hazard Area Development Permit Application Form.B. Certificate of ComplianceC. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONVERSATIONMODEL LOCAL LAW for FLOOD DAMAGE PREVENTIOND. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION INSTRUCTIONS FOR FLOOD DAMAGE PREVENTION LOCAL LAW

History: Enacted by the Village of New Berlin as Local Law No. 1 of the year 1987, as authorized by the New York State Constitution, Article IX, Section 2, and Environmental Conservation Law, Article 36.

(FOLLOWING COMPLIES WITH NATIONAL FLOOD INSURANCEPROGRAM FLOOD PLAIN MANAGEMENT CRITERIA FOR FLOOD-PRONE AREAS

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(44 CFR 60.3[b] & [c] AS REVISED 10/1/86)

FLOOD DAMAGE PREVENTION LOCAL LAW

SECTION 1.0STATUTORY AUTHORIZATION AND PURPOSE

1.1 FINDINGS

The Board of Trustees of the Village of New Berlin finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Village of New Berlin 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 local law is adopted.

1.2 STATEMENT OF PURPOSE

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

(1) 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;

(2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;

(4) control filling, grading, dredging and other development which may increase erosion or flood damages;

(5) regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; and

(6) qualify and maintain participation in the National Flood Insurance Program.

1.3 OBJECTIVES

The objectives of this local law are:

(1) to protect human life and health;

(2) to minimize expenditure of public money for costly flood control projects;

(3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4) to minimize prolonged business interruptions;

(5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard;

(6) to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(7) to provide that developers are notified that property is in an area of special flood hazard; and,

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(8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

SECTION 2.0DEFINITIONS

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

"Appeal" means a request for a review of the Local Administrator’sinterpretation of any provision of this Local Law or a request for avariance.

"Area of shallow flooding" means 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 exit, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of Special flood hazard" is 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, Al-99, V, VO, VE, or Vl-30. It is also commonly referred to as the base floodplain or 100-year floodplain.

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.

"Basement" means that portion of a building having its floor subgrade (below ground level) on all sides.

"Breakaway wall" means 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" means any structure built for support, shelter, or enclosure for occupancy or storage.

"Cellar" - has the same meaning as "Basement".

"Coastal high hazard area" means the area subject to high velocity waters including, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone Vl - 30, VE, VQ or V.

"Development" means 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" means a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), or shear walls.

"Flood" or "Flooding" means 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.

Flood Boundary and Floodway Map (FBFM)" means an official map of the community published by the Federal Emergency Management Agency as part of a river in a Community’s Flood insurance Study. The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study.

"Flood Hazard Boundary Map (FHBM)" means 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 data is provided.

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"Flood Insurance Rate Map (FIRM)" means 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" is 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 proofing" means any combination of structural and non-structural 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" means 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" means 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" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

“Lowest Floor” means 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 or cellar 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 non-elevation design requirements of this Local Law.

“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes ark 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” means, 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 Ted in 1929 is a vertical control used as a reference for establishing elevations within the flood plain.

"New construction" means structures for which the "start of construction" commenced on or after the effective date of this Local Law.

"Principally Above Ground" means that at least 51 percent of the actual cash value of the structure, excluding land value, is above ground.

"100-year Flood" - has the same meaning as "Base Flood."

"Regulatorv Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Section 4.3-2 of this Law.

"Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

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"Start of construction" means the initiation, excluding planning and design, of any phase of a project, physical alteration of the property, and shall include land preparation, such as clearing, grading, and filling; installation of streets and/or walkways; excavation for a basement, footings, piers, or foundations or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers, and building materials.

"Structure" means a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.

"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure, excluding land values, either:

(1) before the improvement or repair is started; or

(2) if the structure has been damaged and is being restored, before the damage occurred.

For the purposes of this definition "substantial improvement" is considered to 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" means a grant of relief from the requirements of this local. law which permits construction or use in a manner that would otherwise be prohibited by this local law.

SECTION 3.0GENERAL PROVISIONS

3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES

This local law shall apply to all areas of special flood hazards within the jurisdiction of The Village of New Berlin.

3.2 BASIS FOR ESTABLISHING THE AREA OF SPECIAL FLOOD HAZARD

(1) The areas of special flood hazard identified by the Federal Insurance Administration on its Flood Hazard Boundary Map (FHBM) , or Flood Insurance Rate Map (FIRM) No. 01 360160B dated Nov. 4, 1983 is hereby adopted and

declared to be a part of this Local Law. The FHBM or FIRM is on file at the Village of New Berlin, 20 So. Main, New Berlin, N.Y.

This Local Law 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.

In their interpretation and application, the provisions of this local law shall be held to be minimum

requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this local law 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.

3.4 SEVERABILITY

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The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof.

3.5 PENALTIES FOR NON-COMPLIANCE

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 Local Law and any other applicable regulations. Any infraction of the provisions of this Local Law 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 Local Law or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Village of New Berlin

from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this Local law for which the developer and/or owner has not applied for and received an approved variance under Section 6.0 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.

3.6 WARNING AND DISCLAIMER OF LIABILITY

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

SECTION 4.0ADMINISTRATION

4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR

The Code Enforcement Officer is hereby appointed Local Administrator to administer and implement this local law by granting or denying development permit applications in accordance with its provisions.

4.2 ESTABLISHMENT OF DEVELOPMENT PERMIT

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 Section 3.2. 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.

4.2-1 APPLICATION STAGE.

The following 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 flood-proofed;

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(c) When required, a certificate from a licensed professional engineer or architect that the Utility flood proofing will meet the criteria in Section5.1-3(1);

(d) Certificate from a licensed professional engineer or architect that the non-residential flood-proofed structure will meet the flood-proofing criteria in Section 5.2-2; and

(e) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

4.2-2 CONSTRUCTION STAGE.

Upon placement of the lowest floor, or flood-proofing by whatever means, it shall be the duty of the permit holder to submit to the Local Administrator a certificate of the as-built elevation of the lowest floor, or flood-proofed 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 flood-proofing is utilized for a particular building, the flood proofing 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 certificate 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.

4.3 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR

Duties of the Local Administrator shall include, but not be limited to:

4.3-1 PERMIT APPLICATION REVIEW

(1) Review all development permit applications to determine that the requirements of this local law have been satisfied.

(2) Review all development permit applications to determine that all necessary permits have been obtained from those Federal,

State or local governmental agencies from which prior approval is

required.

(3) Review all development permit applications to determine if the proposed development adversely effects the area of special flood hazard. For the purpose of this local law,

“adversely affects” means physical damage to adjacent properties. A hydraulic engineering be required of the applicant for this purpose.

(i) If there is no adverse effect, then the permit shall be granted consistent with the provisions of this local law.

(ii) If there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit.

(4) Review all development permits for compliance with the provisions of Section 5.1-5, Encroachments.

4.3-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA

When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the 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 Section 5.1-4(4) in order to administer Section 5.2, SPECIFIC STANDARDS and Section 5.3 FLOODWAYS.

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4.3-3 INFORMATION TO BE OBTAINED AND MAINTAINED

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

(2) For all new or substantially improved flood proofed structures:(i) obtain and record the actual elevation, in relation to mean sea level, to which the structure has been flood proofed; and

(ii)maintain the flood proofing certifications required in Sections 5.1 and 5.2.

(3) Maintain for public inspection all records pertaining to the provisions of this local law including variances, when granted, and Certificates of Compliance.

4.3-4 ALTERATION OF WATERCOURSES

(1) Notify adjacent communities and the New York State Department of Environmental Conservation, prior to and 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, NY 10278.

(2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

4.3-5 INTERPRETATION OF FHRM, FIRM OR FBFM BOUNDARIES

The Local Administrator shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions.

Base flood elevation data established pursuant to Section 3.2 and/or Section 4.3-2, when available, shall be used to accurately delineate the area of special flood hazards.

The Local Administrator shall use flood information from any other authoritative source, including historical data, to establish the limits of the area of special flood hazards when base flood elevations are not available.

4.3-6 STOP WORK ORDERS

(1) All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop work order by the Local Administrator. Disregard of a stop work order shall be subject to the penalties described in Section 3.5 of this Local Law.

(2) All floodplain development found noncompliant with the provisions of this law 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 Section 3.5 of this Local Law.

4.3-7 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 this Local Law.

4.3-8 CERTIFICATE OF COMPLIANCE

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(1) It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a Certificate of Compliance has been issued by the Local Administrator stating that the building or land conforms to the requirements of either the Development Permit or the approved variance.

(2) All other development occurring within the area of special flood hazard will have upon completion a Certificate of Compliance issued by the Local Administrator.

All certificates shall be based upon the inspections conducted subject to Section 4.3-7 and/or any certified elevations, hydraulic information, flood proofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit.

SECTION 5.0PROVISIONS FOR FLOOD HAZARD REDUCTION

5.1 GENERAL STANDARDS

In all areas of special flood hazards the following standards are required:

5.1-1 ANCHORING

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

(2) All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. 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.

5.1-2 CONSTRUCTION MATERIALS AND METHODS

(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

5.1-3 UTILITIES

(1) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. when designed for location below the base flood elevation, a professional engineer's or architect's certification is required.

(2) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

(3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters.

(4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

5.1-4 SUBDIVISION PROPOSALS

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(1) All subdivision proposals shall be consistent with the need to minimize flood damage.

(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(4) Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than either 50 lots or 5 acres.

5.1-5 ENCROACHMENTS

(1) All proposed development in river 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 area of special flood hazards set forth in section 4.3-1 (3), Permit Review. This may require the submission of additional technical data to assist in the determination.

(2) In all areas of special flood hazard in which base flood elevation data is available pursuant to Section 4.3-2 or Section 5.1-4 (4) 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. (3) In all areas of the special flood hazard where floodway data is provided or available pursuant to Section 4.3-2, the requirements of Section 5.3 FLOODWAYS, shall apply.

5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 3.2 (1) BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD and Section 4.3-2, USE OF OTHER BASE FLOOD DATA, the following standards are required:

5.2-1 Have the lowest floor, including basement or cellar, elevated to or above the base flood elevation.

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

(i) 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;

(ii) the bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; and

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(iii) openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters.

5.2-2 NONRESIDENTIAL CONSTRUCTION

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 to the base flood level.

(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:

(i) 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;


(iii) openings may be equipped with louvers, valves, screens or other coverings or devices providedthey permit the automatic entry and exit of floodwaters.

(2) If the structure is to be floodproofed:

(i) 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

(ii) 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.

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

5.2-3 CONSTRUCTION STANDARDS FOR AREAS OF SPECIAL FLOOD HAZARDS WITHOUT BASE FLOOD ELEVATIONS

(1) New construction or substantial improvements of structures including manufactured homes shall have the lowest floor (including basement) elevated at least feet above the highest

adjacent grade next to the proposed foundation of the structure.

(2) Fully enclosed areas below the lowest floor that are subject to flooding designed to automatically floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following criteria:

(i) a minimum of two openings having a total net area of not less than one square inch for every foot of enclosed area subject to


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(iii) openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters.

5.3 FLOODWAYS

located within areas of special flood hazard are areas designated as floodways (see definition, Section 2.0). The floodway is an extremely hazardous area due to high velocity flood waters carrying debris and posing additional threats from potential erosion forces. then floodway data is available for a particular site as provided by Section 4.3-2, 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 an" increase in flood levels during the occurrence of the base flood discharge.

SECTION 6.0 VARIANCE PROCEDURE

6.1 APPEALS BOARD

(1) The Village Board of Trustees as established by Village of New Berlin shall hear and decide appeals and requests for variances from the requirements of this local law.

(2) The Village Board of Trustees shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local Administrator in

the enforcement or administration of this local law.

(3) Those aggrieved by the decision of the Village Board of Trustees may appeal such decision to the Supreme Court pursuant to Article 76 of the Civil Practice Law

and Rules.

(4) In passing upon such applications, the Village Board of Trustees shall consider all technical evaluations, all relevant factors, standards specified in other sections of local law and:

(i) the danger that materials may be swept onto other lands to the injury of others;

(ii) the danger to life and property due to flooding or erosion damage;

(iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(iv) the importance of the services provided by the proposed facility to the community;

(v) the necessity to the facility of a waterfront location, where applicable,

(vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

. (vii) the compatibility of the proposed use with existing and anticipated development;

(viii) the relationship of the proposed use to the comprehensive plan and flood plain management program of that area;

(ix) the safety of access to the property in times of flood for ordinary and emergency vehicles;

(x) the costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding;

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(xi) the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

(xii) 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 Section 6.1(4) and the purposes of this local law, the Village Board of Trustees may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law.

(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.

6.2 CONDITIONS FOR VARIANCES

(1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing item (i-xii) in Section 6.1(4) have been fully considered. As the lot size increases beyond the one-half 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 Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this local law.

(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:

(i) the criteria of subparagraphs 1, 4, 5, and 6 of this Section are met;

(ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats 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:

(i) a showing of good and sufficient cause;

(ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(iii) 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 when 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.

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Be it enacted this 13th day of April, 1987 by the Village of New Berlin of Chenango County, New York, to be effective immediately.

ATTACHMENTS

A. Flood Hazard Area Development Permit Application Form.

B. Certificate of Compliance.

FOR OFFICIAL USE ONLYPermit No. ____________Fee received _______ Date_______________

_____________________________________________of _______________________________________ ________________________________________County, New York

Permit Application for Developmentin

Flood Hazard Areas

______________________________________________________________________________________

A. General instructions page 4 (Applicant to read and sign)

B. For assistance in completing or submittal of this application contract:

__________________________ , Floodplain Administrator, (Name)

_______________________________________________ (Address)

_______________________________ , NY ( ) _______ - ___________.

______________________________________________________________________________________

2. Name and Address of Owner (If Different)

____________________ ______ _______________________ (First Name) (MI) (Last Name)

Street Address: ______________________________________________________

Post Office: _____________________ State: ___________________ Zip Code: ___________

Telephone: ( ) ______ - ___________

______________________________________________________________________________________

3. Engineer, Architect, Land Surveyor (If Applicable)

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_________________ _____ _____________________ (First Name) (MI) (Last Name)

Street Address: _____________________________________________________

Post Office: ____________________ State: ____________________ Zip Code: __________

Telephone: ( ) ________ - _____________

PROJECT LOCATION

Street Address: _________________________ Tax Map No. ____________________

_________________________

Name of, distance and direction from nearest intersection or other landmark

__________________________________________________________________________

__________________________________________________________________________

Name of Waterway: _________________________________________________________________________________________________________________________________

PROJECT DESCRIPTION (Check all applicable boxes and see Page 4, Item 3)

Structures Structure Type

_____ New Construction _____ Residential (1-4 family)

_____ Addition _____ Residential (More than 4 family)

_____ Alteration _____ Commercial

_____ Relocation _____ Industrial

_____ Demolition _____ Mobile Home (single lot)

_____ Replacement _____ Mobile Home (Park)

_____ Bridge or Culvert

Estimated value of improvements if addition or alteration: ____________________________________________________________________________________________________________

Other Development Activities

_____ Fill _____ Excavation _____ Mining _____ Drilling _____ Grading

_____ Watercourse alteration _____ Water System _____ Sewer System

_____ Subdivision (New) _____ Subdivision (Expansion)

_____ Other (Explain)_____________________________________________________________________________________

CERTIFICATION

Application is hereby made for the issuance of a floodplain development permit. The applicant certifies that the above statements are true and agrees that the issuance of the permit is based on the accuracy thereof. False

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statements made herein are punishable under law. As a condition to the issuance of a permit, the applicant accepts full responsibility for all damage, direct or indirect, of whatever nature, and by whomever suffered, arising out of the project described herein and agrees to indemnify and save harmless to the community from suits, actions, damages and costs of every name and description resulting from the said project. Further, the applicant agrees that the issuance of a permit is not to be interpreted as a guarantee of freedom from risk of future flooding. The applicant certifies that the premised, structure, development, etc. will not be utilized or occupied until a Certificate of Compliance has been applied for and received

______________________ _________________________________ Date Signature of Applicant

_______________________________of _________________________________Flood Hazard Development Permit

Administrative ActionCompleted by Floodplain Administrator

Proposed project located in _____ “A” zone with elevation

_____ “A” zone without elevation

_____ Floodway

_____ Coastal High Hazard Area (V-Zone)

Base flood elevation at site is _____________________

Source documents: ____________________________________________________________________________________________________________________________________________________

PLAN REVIEW

Elevation to which lowest floor is to be elevated _____ ft. (NGVD)Elevation to which structure is to be floodproofed _____ ft. (NGVD)

Elevation to which compacted fill is to be elevated _____ ft. (NGVD)______________________________________________________________________________________

ACTION

_____ Permit is approved, proposed development in compliance with applicable floodplain management standards.

_____ Additional information required for review. Specify: (i.e., encroachment analysis)

________________________________________________________________________

_____ Permit is conditionally granted, conditions attached.

_____ Permit is denied. Proposed development not in conformance with applicable floodplain management standards. Explanation attached. A variance, subject to Public Notice and Hearing,

is required to continue project.

Signature ____________________________ Date _____________________ (Permit Issuing Officer)

This permit is valid for a period of one year from the above date of approval.______________________________________________________________________________________ BUILDING CONSTRUCTION DOCUMENTATION

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The certified “As Built” elevation of lowest floor (including basement) of structure is ______ft. NGVD.

Certification of registered professional engineer, land surveyor of other recognized agent, documenting these elevations is attached.______________________________________________________________________________________ CERTIFICATE OF OCCUPANCY / COMPLIANCE

Certificate of Occupancy and / or Compliance Issued:

Date ________________________ Signature __________________________________________

3

_________________________of___________________________

_________________________ County, New York______________________________________________________________________________________

Development in Flood Hazard AreasInstructions

1. Type or print in ink

2. Submit _____ copies of all papers including detailed construction plans and specifications.

3. Furnish plans drawn to scale, showing natural, dimension and elevation of area in question; existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically the following is required: (A) NGVD (Mean Sea Level) elevation of lowest floor including basement of all structures; (B) description of alterations to any watercourse; (C) statement of techniques to be employed to meet requirements to anchor structures, use flood resistant materials and construction practices; (D) show new and replacement potable water supply and sewage systems will be constructed to minimize flood damage hazards; (E) Plans for subdivision proposal greater than 50 lots or 5 acres (whichever is least) must provide base flood elevations if they are not available; (F) Additional information as may be necessary for the floodplain administrator to evaluate application.

4. Where a non-residential structure is intended to be made watertight below the base flood level, a registered professional engineer or architect must develop and/or review structural design, specifications, and plans for the construction and certify that the design and methods of construction are in accordance with accepted standards or practice for meeting the applicable provisions of the local floodplain management regulations.

5. No work on the project shall be started until a permit has been issued by the floodplain administrator.

6. Applicant is hereby informed that other permits may be required to fulfill local, state and federal regulatory compliance.

7. Applicant will provide all required elevation certifications and obtain a certificate of compliance prior to any use or occupancy of any structure or other development.

Applicant’s signature _____________________________ Date ___________________________

CERTIFICATE OF COMPLIANCEfor

FLOODPLAIN DEVELOPMENT_____________________________________________________________________________________

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_______________________________of _______________________________ _________________________________ County, NY (Applicant shall fill in all pertinent information in Section A including 1 or 2______________________________________________________________________________________

Section A

Premises location ______________________ Permit No. _______________________ Variance No. ______________________

______________________ Date _______________________

______________________ CHECK ONE

Applicant ______________________ New Building _____ Name and Address Existing Building _____

______________________ Other (List) _____

Telephone No. ______________________ _______________________________

______________________________________________________________________________________

1. I certify that I have completed the above project in accordance with the Community’s floodplain management regulations and have met all the requirements which were conditions of my permit. I now request completion of this Certificate of Compliance by the program administrator.

Signed _____________________________

Date _____________________________

2. I certify that I have completed the above project in accordance with conditions of variance number ______________ , dated ____________________ to the Community’s floodplain

management regulations and have met all requirements which were a condition of the variance. I now request completion of this certificate of compliance by the program administrator.

Signed ______________________________

Date ___________________________________________________________________________________________________________________

Section B (Local Administrator will complete, file, and return a copy to the applicant.)

Final Inspection Date ________________________ by ________________________________

This certifies that the above described flood plain development complies with requirementsof Flood Damage Prevention Local Law No. ________________ , or has a duly granted variance.

Signed ______________________________(Local Administrator)

Date ______________________________

Supporting Certifications: Floodproofing, elevation, hydraulic analysis, etc.; (List)

__________________________________________________________________________

NEW YORK STATEDEPARTMENT OF ENVIRONMENTAL CONVERSATION

MODEL LOCAL LAWfor

FLOOD DAMAGE PREVENTION

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NFIP - 44 CFR 60.3 (b) & (c)

January 1987

60.3 (b) & (c)

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATIONINSTRUCTIONS FOR

FLOOD DAMAGE PREVENTIONLOCAL LAW

The attached is a MODEL LOCAL LAW designed to comply with the floodplain management requirements of the National Flood Insurance Program contained in 44 CFR 60.3 (b) and (c),

including revisions effective on October 1, 1986. The Department of Environmental Conservation has included several optional administrative provisions in the MODEL LOCAL LAW which are strongly recommended for proper administration. Any changes made to this MODEL should be carefully reviewed by the community’s attorney. The following sections must be completed by the community:

Page 1 - DOS Filing Form Introduction Sheet

Page 2 Sect. 1.1 - Insert legislative body and the name of the community twice.

Page 6 Sect. 3.1 - Insert the name of the community.

Page 6 Sect. 3.2 - Complete either (1) or (2)

(1) Communities with Flood Insurance Studies (Base Flood Elevations only) Insert community name, county name, date of study, and location (office and address

where the studies and maps are on file locally.

(2) Communities with Floodplain mapping only insert the community number and date of community’s Flood Hazard Boundary Maps or Flood Insurance Rate

Maps. If the maps have been revised, use the latest revision date. Also insert the location (office and address) where the maps are on file locally.

Page 6 Sect. 3.5 - Same as 3.1

Page 7 Sect. 3.6 - Same as 3.1

Page 7 Sect. 4.1 - Insert the title of the individual or group responsible for administering the local law, such as the Building Inspector, Zoning Officer or Planning Board.

Page 13 Sect. 6.1 (1) - Insert the name of the appeal board (The Zoning Board of Appeals, for example) and the name of the community.

Page 13 Sect. 6.1 (2) - Insert the name of the appeal board.

Page 13 Sect. 6.1 (3) - Insert the name of the appeal board.

Page 14 Sect. 6.1 (4) - Same as 6.1 (3) .

Page 14 Sect 6.1 (5) - Same as 6.1 (3) .

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Insert date of enactment, the names of the governing body, community and county, and the date on which the law becomes effective.

Pages 16 & 17 - Department of State Filing Forms - Insert all required information.

Attachment “A” (4 pages) to this document provides a recommended “Permit Application for Development in Flood Hazard Areas.” This form or its equivalent shall be used in conjunction

with Section 4.2 of this model local law.

Attachment “B” (1 page) to this document provides a recommended "Certificate of Compliance for Development

in Flood Hazard Areas." These forms or their equivalents shall be used in conjunction with Section 4.3-8 of this model local law.

Please contact one of the DEC Central Office Program Coordinators listed below should you find any errors or emissions to these instructions, content or attachments of this model local law.

INSTRUCTIONS FOR FILING AND DISTRIBUTION

For filing with FEMA, County Planning, the New York State Department ofEnvironmental Conservation, the New York Department of State and theState Comptroller, please follow the attached instructions and utilizethe official filing form.

Send certified copies (number indicated) to each of the following:

FEDERAL AGENCY (1)

Federal Emergency Management AgencyNatural & Technical Hazards Division26 Federal Plaza - Room 1321 New York, New York 10278

COUNTY PLANNING DEPARTMENT (1)

SECRETARY OF STATE (4) including at least one original

State Records and Law BureauDepartment of State162 Washington AvenueAlbany, New York 12231

STATE COMPTROLLER (1)

Office of the State ComptrollerDivision of Municipal AffairsState Office BuildingAlbany, New York 12236

DEC CENTRAL OFFICE (1)

New York State Department of Environmental Conservation Program Coordinators Flood Protection Bureau Frank Dwyer50 Wolf Road - Room 330 Ben KemperAlbany, NY 12233-3507 Alton Knapp(518) 457-3157 Robert Wood

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DEC REGIONAL OFFICE (1)

New York State Department of Environmental ConservationRegion No. _______ HeadquartersNumber and address varies depending upon Community’s County of location

See following list.

[Games of Chance Law] Chapter _____

§ 1. Title§ 2. Legislative Intent§ 3. Statutory Authority§ 4. Definitions§ 5. Incorporation of Article 9-A of the General Municipal Law § 6. Games of Chance Authorized§ 7. Sunday, conduct of games on§ 8. Enforcement§ 9. Severability§ 10. Effective Date

1. Title This law shall be known as the "Games of Chance Law of the Village of New Berlin, New York."

2. Legislative Intenta. The New York State Legislature has declared in adopting Art 9-A of the General Municipal

Law entitles "Local Option for Conduct of Games of Chance by Certain Organizations", that the raising of funds for the promotion of a bonafide charitable, educational, scientific, health, religious and patriotic causes and undertakings where the beneficiaries are undetermined, is in the public interest, and

b. The Legislature of the State of New York has declared it to be the policy of said Legislature that all phases of the supervision, licensing, and regulations of games of chance and the conduct of games of chance should be closely controlled and the laws and regulations pertaining thereto should be strictly construed for the purpose of discouraging commercialism in such games and to insure a maximum availability of the net proceeds of games of chance exclusively for the application of worthy causes; and

c. The Village Board of the Village of New Berlin deems it in the best interests of the citizens of the Village of New Berlin that said games of chance should be permitted in the Village of New Berlin as authorized by Article 9-A of the General Municipal Law.

3. Statutory AuthorityThis law is enacted pursuant to the authority granted in Art. 9-A of the General Municipal.. Home

Rule Law.

4. DefinitionsA. i. "Municipality" shall mean the Village of New Berlin

ii. "Village" shall mean the Village of New Berlin.B. Other Terms:

All other terms used in this law shall have, for the purposes of this law, the meanings respectively ascribed to them by Section 186 of the General Municipal Law.

(If additional space is needed, please attach sheets of the same size as this and number each)(1)

5. Incorporation of Article 9-A of the General Municipal Law This law shall be deemed to include all of the provisions of Art 9-A of the General Municipal Law,

and the Rules and Regulations of the State of New York Racing and to the provisions of said Article 9-A or said

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Rules and Regulations are hereby deemed to be incorporated into this law, to the extent such amendments are otherwise applicable to games of chance authorized under this law.

6. Games of Chance AuthorizedAuthorized organizations may, upon the obtainment of a license from the Village Clerk,

conduct games of chance within the Village of New Berlin as provided in Article 9-A of the General Municipal Law and as provided further in the Chapter. Such games of chance shall be conducted in accordance with Article 9-A of the General Municipal Law and with the rules and regulations of the New York State Racing and wagering Board and this Chapter.

7. Sunday, conduct of games on No games of Chance will be conducted on Sunday,

Christmas Day or New Year's Day.

8. Enforcement The Police Department of the Village of New Berlin shall have all the powers and duties set

forth in Section 194 of the General Municipal Law.

9. SeverabilityIf any clause, sentence, paragraph, word, section or part of this local law shall be adjudged by any

court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not effect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which said judgment shall have been rendered.

10. Effective DateThis local law shall take effect upon approval by the electors of the Village of New Berlin at a

Village election to be held on March 2O, 1990 and filing in the office of the Secretary of State.

LOCAL LAW NO. 3 OF 1990

A local law regarding Games of Chance in the Village of New Berlin, New York.

BE IT ENACTED by the Village Board of the Village of New Berlin as follows:

1. Title

This law shall be known as the "Games of Chance Law of the Village of New Berlin, New York."

2. Legislative Intent

a) The New York State Legislature has declared in adopting Article 9-A of the General Municipal Law entitled "Local Option for Conduct of Games of Chance by Certain Organizations", that the raising of funds for the promotion of a bona fide charitable, educational, scientific, health, religious and patriotic causes and undertakings where the beneficiaries are undetermined, is in the public interest, and

b) The Legislature of the State of New York has declared it to be the policy of said Legislature that all phases of the supervision, licensing, and regulations of games of chance ad the conduct of games of chance should be closely controlled and the laws and regulations pertaining thereto should be strictly construed for the purpose of discouraging commercialism in such games and to insure a maximum availability of the net proceeds of games of chance exclusively for the application of worthy causes; and

c) The Village Board of the Village of New Berlin deems it in the best interests of the citizens of the Village of New Berlin that said games of chance should be permitted in the Village of New Berlin as authorized by Article 9-A of the General Municipal Law.

3. Statutory authority

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This law is enacted pursuant to the authority granted in Article 9-A of the General Municipal Law of the State of New York and pursuant to Section 10 of the Municipal Home Rule Law.

4. Definitions

A. i. "Municipality" shall mean the Village of New Berlin

ii. "Village" shall mean the Village of New Berlin.

B. Other Terms:All other terms used in this law shall have, for the purposes of this law, the

meanings respectively ascribed to them by Section 186 of the General Municipal Law.

5. Incorporation of Article 9-A of the General Municipal Law

This law shall be deemed to include all of the provisions of Article 9-A of the General Municipal Law, and the Rules and Regulations of the State of New York Racing and Wagering Board adopted pursuant to said Article 9-A, except as otherwise provided in this law; and all amendments to the provisions of said Article 9-A or said Rules and Regulations are hereby deemed to be incorporated into this law, to the extent such amendments are otherwise applicable to games of chance authorized under this law.

6. Games of Chance Authorized

Authorized organizations may, upon the obtainment of a license from the Village Clerk, conduct games of chance within the Village of New Berlin as provided in Article 9-A of the General Municipal Law and as provided further in this Chapter. Such games of chance shall be conducted in accordance with Article 9-A of the General Municipal Law and with the rules and regulations of the New York State Racing and Wagering Board and this Chapter.

7. Sunday. conduct of games on ~

(What does the Village want to do? They can authorize Sunday games but only from noon to midnight and not on Easter Sunday, Christmas Day or New Year’s Day}

8. EnforcementThe Police Department of the Village of New Berlin shall have all

the powers and duties set forth in Section 194 of the General Municipal Law.

9. Severability

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

10. Effective Date

This local law shall take effect upon approval by the electors of the Village of New Berlin at a ___________________________ election to be held ___________________ ____________________and filing in the office of the Secretary of State.

Chapter 49

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GARBAGE AND REFUSE

§ 49-1. Definitions.§ 49-2. Scope.§ 49-3. Placement of receptacles.§ 49-4. Type of receptacles; preparation of materials.§ 49-5. Enforcement.§ 49-6. Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village 0f New Berlin 2-28-77 as L.L. No.16-1977. Amendments noted where applicable.]

GENERAL REFERENCES

Motor vehicle Junkyards -- See Ch. 53.Littering -- See Ch. 55Property maintenance- -See Ch. 65.

§ 49-1. Definitions. [Amended by Local Law No. 1 of 1989]


COLLECTOR - That person, firm or corporation with whom the Village has contracted for the regular collection of garbage, refuse, recyclables and rubbish.

GARBAGE - all vegetable, animal or other matter, liquid or otherwise, likely to ferment or decompose and produce noxious odors or become injurious to health, and other materials commonly considered as "garbage”.

REFUSE and RUBBISH - includes ashes, sweepings, bags of leaves, grass and other materials commonly designated within the aforesaid terms.

REFUSE - includes ashes, sweepings, bags of leaves, grass and other materials commonly designated within the aforesaid terms.

RECYCLABLES - includes clear glass, colored glass, newsprint, corrugated cardboard, magazines, aluminum, ferrous metal, non-ferrous metal and plastics.

RUBBISH - includes tires, tire with rims, white goods and appliances.

49-2 Scope.

The following regulations shall be in addition to any requirements placed upon the village, collector or residents of the village by any contract agreed upon or entered into by such parties or imposed by Refuse District #3 of Chenango County.

49-3 Placement of receptacles. . [Amended by Local Law No. 1 of 1989]

A. All receptacles with domestic garbage or household refuse or recyclables shall be transferred to the curb or roadside, not the sidewalk, by the householder not more than twelve (l2) hours before the pickup by the refuse collector.

B. The refuse collector shall collect and transfer the same from this point to his vehicle.

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C. Such receptacles are to be returned to the curb or roadside, not the sidewalk, by the refuse collector and removed therefrom by the householder not more than twelve (12) hours after said collection.

49-4 Type of receptacles; preparation of materials. . [Amended by Local Law No. 1 of 1989]

A. Garbage. All garbage must be placed in garbage receptacles made of material that is not soluble in water and designed so that neither the receptacle itself nor the contents thereof may be blown away by the wind. Said receptacle shall not exceed a weight of thirty-five (35) pounds when filled, shall be of the type that can be readily handled by the collector and shall be of the approximate dimensions of eighteen (l8) inches in diameter and twenty-eight (28) inches in height.

B. Recyclables. All recyclables must be places in receptacles made of material that is not soluble in water and designed so that neither the receptacle itself nor the contents thereof may be blown away by the wind. All receptacles must be clearly marked "Recycle". Said receptacles shall not exceed a weight of thirty-five(35) pounds filled and shall be of the type that can be readily handled by the collector.

C. Refuse - All refuse and ashes which cannot be properly bundled for ease in collection shall be placed in closed containers as are generally used for such materials, the combined weight of such containers and contents not exceeding one hundred (100) pounds. Materials which can be bundled may be placed for collection securely fastened bundles of the dimensions of eighteen by eighteen by thirty-six (18X18X36) inches, the weight of which shall not exceed one hundred (100) pounds. Such refuse shall be placed for collection at the same time, place and days as are provided for garbage collection and at no other times.

D. Rubbish All rubbish will be collected upon payment to the Village Clerk Treasurer of the fees established by Chenango County Refuse District #3.

49-5 Enforcement

The provisions of this chapter shall be enforced by the Village Board of Trustees or its designated representative. No collection will be made until properly separated as indicated in 49-4 of this local law.

49-6 Penalties for offenses.

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 two hundred fifty dollars ($250.) or by

imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute,

for each day (24 hours) the offense is continued, a separate and

distinct offense hereunder.

Chapter ______HISTORIC PRESERVATION LAW [REPEALER]


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Section 1This local law hereby repeals Local Law No. 1 of 1992, the Historic Preservation Law.

Section 2This law shall take effect upon filing with the Secretary of State.

Chapter 53

JUNKYARDS, MOTOR VEHICLE

§ 53-1. Legislative intent.§ 53-2. Definitions.§ 53-3. License and certificate of approval required.§ 53-4. Application for license and certificate.§ 53-5. Hearing; notice.§ 53-6. Conduct of hearing; matters to be considered.§ 53-7. Location requirements.§ 53-8. Aesthetic considerations.§ 53-9. Final determination; appeal.§ 53-10. Fees and costs.§ 53-11. Fencing.§ 53-12. Established junkyards.§ 53-13. Proximity to places of public assembly.§ 53-14. Penalties for offenses.


GENERAL REFERENCES

Garbage and refuse -- See Ch.. 49.Littering -- See Ch. 55.Property maintenance - - See Ch. 65Vehicles and traffic -- See Ch. 85.

§ 53-1. Legislative intent.

A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants and the safeguarding of their material rights against unwarrantable invasion, and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the state and the general welfare of its citizens. It is further declared that the unrestrained accumulation of junk motor vehicles is a hazard to such health, safety and welfare of citizens of the state, necessitating the regulation, restraint and elimination thereof. At the same time, it is recognized that the maintenance of junkyards, as hereinafter defined, is a useful and necessary business and ought to be encouraged when not in conflict with the express purposes of this section.



JUNKYARD, AUTOMOTIVE - Any place of storage or deposit, whether in connection with another business ornot, where two (2) or more unregistered, old or secondhand motor vehicles, no longer intended or in condition for legal use on the public highways, are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of

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disposing of the same or for any other purpose. Such term shall include any place of storage or deposit, for any such purposes, of used parts or waste materials from motor vehicles which, taken together, equal in bulk two (2) or more such vehicles; provided, however, that the term "junkyard" shall not be construed to mean an establishment having the facilities for processing iron, steel or nonferrous scrap and whose principal produce is scrap iron or steel or nonferrous scrap for sale for remelting purposes. only. [Amended 2-28-77 by L.L. No. 6-1977]

MOTOR VEHICLE - Any vehicle propelled or drawn by power other than muscular power, originally intended for use on public highways.

MUNICIPALITY--The Village of New Berlin, New York.

§ 53-3. License and certificate of approval required.

No person shall operate, establish or maintain a junkyard until he has obtained a license to operate a junkyard business and has obtained a certificate of approval for the location of such junkyard.

§ 53.4. Application for license and certificate.

Application for the license and the certificate of approved location shall be made in writing to the Village Board of the Village of New Berlin. The application shall contain a description of the land to be included within the junkyard.

§ 53-5. Hearing; notice.

A hearing on the application shall be held within the village not less than two (2) nor more than four (4) weeks from the date of the receipt of the application by the Village Board. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and shall be published once in a newspaper having a circulation within the municipality, which publication shall be not less than seven (7) days before the date of the hearing.

53-6. Conduct of hearing; matters to be considered.

At the time and place set for hearing, the Village Board shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish or maintain the junkyard. In considering such application, the Board shall take into account the suitability of the applicant with reference to: his ability to comply with the fencing requirements or other reasonable regulations concerning the proposed junkyard; any record of convictions for any type of larceny or receiving of stolen goods; and any other matter within the purposes of this section.

§ 53-7. Location requirements.

At the time and place set for hearing, the Village Board shall hear the applicant and all other persons wishing to be heard on the application for a certificate of approval for the location of the junkyard. In passing upon the same, the Board shall take into account, after proof of legal ownership or right to such use of the property for the license period by the applicant, the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings or other places of public gathering and whether or not the proposed location can be reasonably protected from affecting the public health and safety by reason of offensive or unhealthy odors or smoke, or of other causes.

§ 53-8. Aesthetic considerations.

At the hearing regarding the location of the junkyard, the Village Board may also take into account the clean; wholesome and attractive environment, which has been declared to be of vital importance to the continued general welfare of its citizens, by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this connection, the Village Board may consider, collectively, the type of road servicing the junkyard or from which the junkyard may be seen, the natural or artificial barriers protecting

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the junkyard from view, the proximity of the proposed. junkyard to established residential and recreational areas or main access routes thereto, as well as the reasonable availability of other suitable sites for the junkyard

§ 53-9. Final determination; appeal.

After the hearing, the Village Board shall, within two (2) weeks, make a finding as to whether or not the application should be granted, giving notice of its finding to the applicant by mail, postage prepaid, to the address given on the application. If approved, the license, including the certificate of approved location, shall be forthwith issued to remain in effect until the following April 1. Approval shall be personal to the applicant and not assignable. Licenses shall be renewed thereafter upon payment of the annual license fee without a hearing, provided that all provisions of this chapter are complied with during the license period, that the junkyard does not become a public nuisance under the common law and that the applicant is not convicted of any type of larceny or the receiving of stolen goods. The determination of the governing body may be reviewed under Article 78 of the Civil Practice Law and Rules.

§ 53-10. Fees and costs.

The annual license fee shall be twenty-five dollars ($25.), to be paid at the time the application is made and annually thereafter in the event of renewal. In the event that the application is not granted, the fee shall be returned to the applicant. The village, in addition to the license fee, may assess the applicant with the costs of advertising such application and such other reasonable costs incident to the hearing as are clearly attributable thereto and may make the license conditional upon payment of same.

§ 53-11. Fencing.

Before use, a new junkyard shall be completely surrounded with a fence at least eight (8) feet in height, which substantially screens, and with a suitable gate which shall be closed and locked except during the working hours of such junkyard or when the applicant or his agent shall be within. Such fence shall be erected not nearer than fifty (50) feet from a public highway. All motor vehicles and parts thereof stored or deposited by the applicant shall be kept within the enclosure of the junkyard except as removal shall be necessary for the transportation of same in the reasonable course of the business. All wrecking or other work on such motor vehicles and parts and all burning of same within the vicinity of the junkyard shall be accomplished within the en closure. Where the topography, natural growth of timber or other considerations accomplish the purposes of this chapter, in whole or in part, the fencing requirements hereinabove may be reduced by the legislative body upon granting the license; provided, however, that such natural barrier conforms with the purposes of this chapter.

§ 53-12. Established junkyards.

For the purposes of this section, the location of a junkyard already established shall be considered approved by the Village Board and the owner thereof deemed suitable for the issuance of a license. Within sixty (60) days from the passage of this section, however, the owner shall furnish the Village Board with the in formation as to location which is required in an application, together with the license fee, and the governing board shall issue him a license valid until the next April 1, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this section, including the fencing requirements set forth in § 53-11 of this chapter.

§ 53-13. Proximity to places of public assembly;

Notwithstanding any of the foregoing provisions of this chapter, no junkyard hereafter established shall be licensed to operate if such junkyard or any part there of shall be within five hundred (500) feet of a church, school, hospital, public building or place of public assembly.


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Chapter 55

LITTERING

§ 55-1. Disposition of litter restricted.§ 55.2. Placement of litter in receptacles.§ 55-3. Sweeping litter into gutters; sidewalk cleanliness.§ 554. Duties of merchants.§ 55-5. Throwing litter from vehicles.§ 55-6. Trucks causing litter.§ 55-7. Litter in parks.§ 55-8. Litter on occupied private property.§ 55-9 Owner to maintain premises free of litter.

§ 55-10. Litter on vacant lots.§ 55-11. Clearing litter from open private property by village.§ 55-12. Posting signs.§ 55-13. Posting political campaign and election advertising.§ 55-14. Penalties for offenses.

(HISTORY: Adopted by the Board of Trustees of the Village of New Berlin 2-28-77 as L.L. No.17-1977. Amendments noted where applicable.]

GENERAL REFERENCE5

Garbage and refuse - See Ch. 49.Motor vehicle junkyards - see Ch. 53.Property maintenance - see Ch. 65.Streets and sidewalks - see Ch. 76.

§ 55-1. Disposition of litter restricted.

No person shall throw or deposit litter (hereinafter defined as a disorderly accumulation of objects, especially carelessly discarded waste materials or scraps) in or upon any street, sidewalk or other public place within the village except in public receptacles, in authorized private receptacles for collection or in areas approved by the village for dumping of refuse.

§ 55-2. Placement of litter in receptacles.

Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

§ 55-3. Sweeping litter into gutters; sidewalk cleanliness.

No person shall sweep into or deposit in any gutter, street or other public place within the village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

§ 55-4. Duties of merchants.

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No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the village shall keep their business premises free of litter.

§ 55-5. Throwing litter from vehicles.

No person, while a driver or passenger, in a vehicle, shall throw or deposit litter upon any street or other public place within the village or upon private property.

§ 55-6. Trucks causing litter.

No person shall drive or move any truck or other vehicle within the village, unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place; nor shall any person drive or move any vehicle or truck within the village, the wheels or tires of which carry onto or deposit in any street, alley, or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.

§ 55-7. Litter in parks.

No person shall throw or deposit litter in any park within the village, except in public receptacles and in such manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and shall be properly disposed of elsewhere, as provided herein.

§ 55-8. Litter on occupied private property.

No person shall throw or deposit litter on any occupied private property within the village, whether owned by such persons or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon the street or other public place or upon any private property.

§55-9. Owner to maintain premises free of litter.

The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit storage of litter in authorized receptacles for collection.

§ 55-10. Litter on vacant lots.

No person shall throw or deposit litter on any open or vacant private property within the village, whether owned by such person or not.

§ 55-11. Clearing litter from open private property by village.

A. Notice to remove. The Village Superintendent is hereby authorized and empowered to notify the owner of any open or vacant private property within the village, or the agent of such owner, to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail, addressed to said owner at his last known address.

B. Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within ten (10) days after receipt of written notice provided for in Subsection A above or within fifteen (15) days after the date of such notice, in the event that the same is returned to the village post office department because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Village Superintendent is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the village.

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C. Charge included in tax bill. When the village has effected the removal of such dangerous litter or has paid for its removal, the actual costs thereof, plus accrued interest at the rate of six percent (6%) per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the village, and said charge shall be due and payable by said owner at time of payment of such bill.

§ 55-12. Posting signs.

The Village Superintendent, as authorized by the Board of Trustees, shall be empowered to post appropriate signs stating the prohibition against littering.

§ 55-13. Posting political campaign and election advertising.

It is hereby specifically prohibited to post political campaign and election advertising within the federal, state or village rights-of-way along the highways and roads of the village.



CHAPTER _______NOTICE - LIABILITY PRIOR NOTICE LAW

LOCAL LAW NO. 5 OF THE YEAR 1988

LOCAL LAW AMENDING SECTION 341-a OF THE VILLAGE LAW AND PROVIDING FORWRITTEN NOTICE OF DEFECTIVE, UNSAFE, DANGEROUS, OBSTRUCTED CONDITION OFSTREET, HIGHWAY, BRIDGE, CULVERT, SIDEWALK OR CROSS WALK PRIOR TO THEMAINTENANCE OF CIVIL ACTION AGAINST THE VILLAGE FOR DAMAGES ORINJURIES TO PERSON OR PROPERTY.

BE IT ENACTED by the Board of Trustees of the Village of New Berlin, New York, as follows:

SECTION 1. Section three hundred forty-one - a of the Village Law as added thereto by Chapter six hundred fifty of the laws of nineteen hundred and twenty-seven, as it applies to the Village of New Berlin is hereby amended to read as follows:

341-a. Liability of Village in certain actions

No civil action shall be brought or maintained against the Village of New Berlin for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe dangerous or obstructed or in consequence of the existence or accumulation of snow or ice upon any street, highway, bridge, culvert, sidewalk or crosswalk unless written notice of the existence of such condition, relating to the particular place, has theretofore actually been given to the Board of Trustees of the Village of New Berlin, and there had been a failure or neglect on the part of said Village to cause such condition to be corrected or such snow or ice to be removed, or the place otherwise made reasonably safe within 72 hours after the receipt of such notice.

SECTION 2. Nothing herein contained, however, shall be held to revive any claim or cause of action now barred by any existing requirement or statute of limitations, nor to waive any existing limitation now applicable to any claim or cause of action against the Village of New Berlin.

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SECTION 3. This local law shall take effect immediately.

CHAPTER ______PEACE AND GOOD ORDER

ARTICLE IGeneral Regulations

S 61-1. ` Injury or removing PropertyS 61-2. Taking Village Property for private use.S 61-3. Loitering restricted.S 61-4. Throwing dangerous missiles in public places.S 61-5. Interfering with fire alarm system.S 61-6. Obstructing or injuring fire hydrants.S 61-7. Barriers and danger signalsS 61-8. Disorderly conduct.S 61-9. Indecent acts, displays or signsS 61-10. Trespassing on or defacing village property.S 61-11. Public Intoxication.

ARTICLE II

Alcoholic Beverages in Public PlacesS 61-12. Legislative declaration.S 61-13. Definitions.S 61-14. Restrictions on alcoholic beverages.S 61-15. Permits for special events.S 61-16. Inconsistency with other laws.S 61-17. Penalties for offenses.

History: Enacted by the Village of New Berlin as Local Law #2 of 1989

S 61-1. Injuring or removing property.

A. No person shall willfully or maliciously break, mar, injure, remove or deface any traffic control signs, street signs or any sign owned by the village.

B. No person shall willfully or maliciously break, mar, injure, remove or deface any building, fence, awning, signboard, tree, streetlight or any other thing in this village.

C. No person shall willfully or maliciously pile up before any door or any sidewalk or street, any boxes, tires or any other thing or tear down any notice or handbill lawfully posted in the village.

S 61-2. Taking village property for private use.

No person or persons shall, within the limits of this village, take any property of said village for his or their private use without first obtaining the written consent of the Board of Trustees.

S 61-3. Loitering restricted.

It shall be unlawful for any person. or persons to loiter in any public park, alley or lane owned and maintained by the Village of New Berlin, or to sleep therein or to sit or lie on the ground therein in such a manner as to offend public decency, or refuse to move when so directed by a police officer.

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S 61-4. Throwing dangerous missiles in public places.

No person shall propel, throw or shoot any missiles or solid objects such as stones, snowballs, sticks, metal, bullets or similar materials upon or across or toward any street, sidewalk, highway or other public place where such act would, in fact or potentially, injure or threaten injury to any person or property. Ballplaying or throwing on or upon a public street is a violation of this chapter.

S 61-5. Interfering with fire alarm system.

No person shall willfully give any false alarm of fire or shall tamper, meddle or interfere with a station or signal box of the fire alarm system or willfully break, injure, deface or remove any such box or station or shall willfully break, injure, destroy or disturb any wires, poles or other supports or appliances connected with or forming part of the fire alarm telegraph system; and no person shall willfully obstruct the operation of the Fire Department of said village or shall willfully neglect or refuse to obey, or attempt to prevent or obstruct the execution of any lawful order of the Chief of the Fire Department at any fire within this village.

S 61-6. Obstructing or injuring fire hydrants.

No person shall obstruct or injure any fire hydrant or throw or pile snow, ice or other substances or materials in close proximity thereto or otherwise obstruct the full vision and use thereof.

S 61-7 Barriers and danger signals.

A. Entry prohibited. No person shall walk upon, enter or drive any animal or vehicle upon any roadway or sidewalk which is guarded by any barrier, sign or signal lawfully so placed for the purpose of preventing or warning persons from entering into or upon the same.

B. Interference with barriers. No person shall remove, displace or in any manner interfere with any barrier, guardrail, sign, lantern or other object or form of warning which shall have been placed along or across any street or sidewalk or about any public place as a warning or safeguard or to prevent interference with or damage to work completed or being done in such places.

S 61-8 Disorderly Conduct.

No person shall make or assist in making any improper or unnecessary noise or disturbance, or willfully commit any act or use any language which shall annoy or be intended to annoy, disturb or endanger the peace, comfort or safety of any person or persons then present or passing on any public street, avenue, sidewalk, lane or public place or on any premises in the Village of New Berlin.

S 61-9. Indecent acts, displays or signs.

A. No person shall commit or indulge in any lewd, wanton, indecent, immodest, obscene or filthy act or gesture.

B. No person shall expose, display, post, exhibit, paint, place or mark, on any wall or object, any placard, poster, bill, painting or sign, either as an advertisement or otherwise, upon any building, billboard, wall fence, tree or other surface so as to be visible from any street or public place, which shall be of a lewd, indecent,

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immodest, immoral or vulgar character such as may be calculated to shock the sense of decency or propriety.

S 61-10. Trespassing on or defacing village property.

It shall be unlawful for any person to enter without authority or to trespass upon or to damage or deface any private property owned by or under the control of the Incorporated Village of New Berlin.

S 61-11. Public intoxication.

No person shall appear or be upon any street, sidewalk, highway or in any public hall, park

or other public place in the village in a condition of intoxication.1

1 Editor’s note: For additional provisions regarding alcoholic beverages, see Art. II of this chapter

ARTICLE II

Alcoholic Beverages in Public Places

S 61-12. Legislative declaration.

The Board of Trustees of the Incorporated Village of new Berlin hereby declares and finds it to be in the public interest to provide for the regulation of certain conduct in public places within the Village of New Berlin.

S 61-13. Definitions.

For the purpose of this Article, the terms used herein are defined as follows.ALCOHOLIC BEVERAGES - Means and includes any liquid intended for human consumption containing more than one-half of one percent (1/2% of 1%) by volume of alcohol.

EVENT - Means and includes a fair, picnic, block party or other community gathering in any public place.

PUBLIC PLACE - A place to which the public or a substantial group of persons has access, including but not limited to any highway, street, road, sidewalk, parking or beach located within the Village of New Berlin, except that the definition of a "public place" shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property.

S 61-14. Restriction on alcoholic beverages.

A. Possession of alcoholic beverages is prohibited unless otherwise authorized by the local laws of the Village of New Berlin, and, except as hereinafter provided, no person shall have an open bottle, can or other container containing any alcoholic beverage in his possession in or on any public place in the Village of New Berlin or in a motor vehicle, defined by the Vehicle and Traffic Law, which is parked or moving on or over a public place. This section shall no apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property.

B. Consumption of alcoholic beverages is prohibited except as herein provided. No person shall consume alcoholic beverages in or on any public place. This section shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property.

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C. Presumption of possession. The existence of any open bottle, can or other container containing any alcoholic beverages found in any motor vehicle, except a public omnibus, shall be deemed presumptive evidence that the same is in the possession of all the occupants thereof and in violation of this Article.

S 61-15. Permits for special events.

A. At least ten (10) days prior to the proposed date of an event, any person may apply to the Village Clerk, his own behalf or on behalf of an organization, for a permit to possess and consume any alcoholic beverages described herein during or in the conduct of an event.

B. The application shall contain the following information.

1. The name of the applicant and the address and telephone number. Where the applicant is an organization, the name and address of the organization and its officers shall be given.

2. The purpose of the event, the date when it is proposed to be held, the approximate time when this event will start and terminate and the location of the assembly area.

3. Such other Information as the Village Clerk may deem reasonable necessary.

C. Where the Village Clerk shall determine that the proposed event is of such character, size and location as to be appropriate to and in harmony with the surrounding area and that the public health, morals, safety and general welfare of such neighborhood will not be endangered by the granting of such permit, he shall issue a permit conditioned upon the applicants written agreement to comply with the terms of such permit..

D. Upon a denial by the Village Clerk of an application made pursuant to Subsection thereof, the applicant may appeal the determination of the Village Clerk to the Board of Trustees by filing a written notice of appeal for hearing by the Board at its next meeting.

E. The Village Clerk may waive the requirements of this section where, in his opinion, any irregularity or noncompliance would not endanger the public health, morals, safety and general welfare of such neighborhood and where strict compliance would result in unreasonable hardship upon the applicant..

S 61-16. Inconsistency with other laws.

If any provision of the Chapter is inconsistent with any federal or state statute law, rule or regulation, then such statue, law, rule or regulation, shall prevail.

S 61-17. Penalties for offenses.

Any person committing an offense against any provisions 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 find not exceeding two hundred fifty dollars ($250.00) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

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CHAPTER 65 PROPERTY MAINTENANCE

§ 65-1. Purposes; applicability.§ 65-2. Definitions.§ 65-3. Regulations.

§ 65-4. Enforcement.§ 65-5. Village Board action.§ 65-6. Inspections and investigations; report.§ 65-7. Penalties for offenses.

(HISTORY: Adopted by the Board of Trustees of the Village of New Berlin 2-28-77 as L.L. No.1-1977. Amendments noted where applicable.]

GENERAL REFERENCES

Garbage and refuse - See Ch. 49.Motor vehicle junkyards. - See Ch. 53.Littering - See Ch. 55.Maintenance of trees by owner - See Ch. 82.

§ 65-1. Purposes; applicability.

In order to prevent blight and the spread thereof, it is hereby declared that all structures, including but not limited to one and two-family and multiple-family dwellings, whether or not used for residential purposes, garden apartments, all other apartment complexes, all shopping centers, supermarkets, retail stores, discount houses, warehouses, manufacturing or fabrication plants, factories, gasoline service stations, public garages, motor vehicle repair shops or other business uses, and accessory structures to all of the foregoing, whether occupied or vacant, shall be maintained in conformity with the standards set out in this chapter so as to assure that none of these structures or properties will adversely affect their neighborhood or the larger community. It is found and declared that, by reason of lack of maintenance and progressive deterioration, certain structures and properties have the further effect of creating blighting conditions and initiating slums and that, if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same. By reason of timely regulations and restrictions, as herein contained, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.



PERSON - Includes a natural person or persons, firm, corporation, partnership, association, or any other combination of two (2) or more persons, who is or are the owner or owners, mortgagee, assignee of rents, receiver, executor, trustee, administrator, lessee or agent directly or indirectly in control of a building or other structure or area.

§ 65.3. Regulations.

A. Open areas.

(1) Surface and subsurface water shall be appropriately drained to prevent the development of stagnant ponds.

(2) No shopping baskets, carts or wagons shall be left unattended or standing, and such baskets, carts or wagons shall be collected as often as necessary and removed to the interior of the building

or buildings from which they were taken, by the person responsible for the said building or buildings.

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(3) All fences shall be maintained by the person responsible for the property. Such maintenance shall include but not be limited to painting, as needed, and the replacement or repair of fences which may become in disrepair.

(4) All landscaping shall be maintained so that lawns, hedges, bushes and trees shall be kept neatly and free from becoming overgrown and unsightly where exposed to public view and where the same may constitute a blighting factor having a tendency to depreciate adjoining property. Such maintenance should include but not be limited to the replacement of trees and shrubs which may die and/or otherwise be destroyed.

(5) The planting strip fronting the property shall be maintained in a safe condition, neat, mowed, as necessary, and free of litter, poison ivy, ragweed and any other noxious plant.

(6) 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 accomplished. All off-street parking facilities shall be swept as often as necessary in the determination of the enforcing officer.

(7) Yards, courts and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation and shall be maintained in a manner that will prevent rubbish from being blown about them.

(8) All signs exposed to public view shall be maintained in good repair. Excessively weathered or faded signs shall be removed or put into good repair. Any nonoperative or broken electrical or other sign shall be repaired or removed.

B. 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.

(2) Floors, walls, ceilings, stairs, furnishings and fixtures of buildings shall be maintained in a clean, safe and sanitary condition. Every floor, exterior wall, roof and porch, or appurtenance thereto, shall be maintained in a manner so as to prevent 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 be structurally sound.

(4) Exterior walls (including doors and windows), roofs and the areas around doors, windows, 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. Such objects or materials shall be removed, repaired or replaced.

(5) Buildings and structures shall be maintained free of insect, vermin and rodent harborage and infestation.

§ 65-4. Enforcement.

Upon his own investigation or receipt of information or complaint, the Village Superintendent shall cause to be served upon a responsible person of any land or property upon which an act violative of § 65-3 has occurred, written notice, in a form approved by the Village Attorney, directing removal or correction of such violation within seven (7) days after service of such notice, or shall cause the posting of such notice in a prominent place upon said premises whenever a responsible person reasonably cannot be located. Immediately upon expiration of any period for correction set forth in any violation notice, the Village Superintendent shall determine whether correction has occurred and, if not fully, shall without further delay of any kind, file a request for an arrest warrant with the prosecutor having jurisdiction.

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§ 65-5. Village Board action.

In addition to, and not in substitution for, the penalty provision of § 65-7, the Village Superintendent may refer an incident of noncompliance with a notice of violation to the Village Board for further action. Upon failure of a responsible person to comply with a notice of violation, the Board may direct correction of the violation at the expense of the village and may appropriate funds therefor, and all costs of such correction shall constitute a lien, upon the subject property and shall draw interest equal to interest on delinquent taxes.

§ 65-6. Inspections and investigations; report.

The Village Superintendent shall initiate inspections and investigations and shall receive information and complaints concerning compliance with this chapter. Covering the calendar month preceding the report, he shall submit a written report to the Village Board, not later than 12:00 noon of the day on which the first monthly meeting is held, containing not less than: the address of and date of each investigation or inspection initiated by him; the address of each alleged violation concerning which information or complaints have been received by him; the date of such receipt; the nature of each violation found or complained of, if any; the date of the correction notice issued; the date(s) of each reinspection; the date of filing of the request for an arrest warrant with the prosecutor having jurisdiction; the disposition of each case closed; and the status report of each case referred under § 65-5. Such report shall include cumulative annual totals of inspections and investigations initiated, information or complaints received, violations noticed for correction (with a breakdown of such violations by appropriate category), corrections confirmed upon reinspection, warrant requests filed and convictions obtained.

§ 65.7. Penalties for offenses.


CHAPTER __________SALES

ARTICLE IGarage and Lawn Sales

§ 68-1. Compliance required.§ 68-2. Definitions.§ 68-3. Regulations.§ 684. Signs.§ 68-5. Permit required; application procedure.§ 68-6. Penalties for offenses.

(HISTORY: Adopted by the Board of Trustees of the Village of New Berlin: Art. I, 2-28-77 as L.L. No.20-1977. Amendments noted where applicable.]

GENERAL REFERENCES Auctions - See Ch.'. So.

ARTICLE IGarage and Lawn Sales

[Adopted 2-28-77 as L.L. No.20-19771

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§ 68-1. Compliance required.

It shall be unlawful for any person or persons to conduct a garage sale or lawn sale within the cooperate limits of the Village of New Berlin without first obtaining a permit and complying with the regulations as set forth in § 68-2 of this Article.


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

GARAGE SALE or LAWN SALE - Includes all sales entitled "attic sales," "rummage sales" and "flea market sales," or any casual sale of tangible personal property, which are advertised by any means whereby the public at large is or can be made aware of said sales.

GOODS - Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.

PERSON - Includes individuals, partnerships, voluntary associations and corporations.


Garage sales and lawn sales in the Village of New Berlin shall be regulated in the following manner:

A. Hours. Garage or lawn sales shall not commence before 10:00 a.m. and must terminate by sundown.

B. Merchandise. Garage or lawn sales shall offer only used, unwanted items of personal property owned by the resident of the property where the sale is held. No new merchandise shall be offered for sale, nor may new merchandise from other sources be brought in and offered for sale.

§ 68-4. Signs.

No sign shall be placed on the public right-of-way. No lighted sign shall be used. The sign shall be displayed only during the sale and shall be promptly removed after the sale.

§ 68-5. Permit required; application procedure.

A. It shall be unlawful for any person or persons to conduct a garage sale or lawn sale without first having received a permit.

B. Application.

(1) Upon application, either in person or by mail 0 telephone, at least seventy-two (72) hours prior to the commencement of said garage or lawn sale, the Village Clerk is authorized to issue such a permit.

(2) The permit shall set forth the name, address and date(s) of the sale.

C. There shall be no fee for said permit.


Whoever shall violate or fail to comply with any of the provisions of this Article shall be fined not more than twenty-five dollars ($25.), and each day that the violation continues shall constitute a separate offense.

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Date 12/15/88

Local Law(s) No. 3 Year 1988

Municipality Village of New Berlin

Please be advised that the above-referenced material was received and filed by this office on 11/21/88.

NYS Department of State Bureau of State Records

CHAPTER _______SANITARY CODE

CHAPTER I STATE SANITARY CODE

PART 8NUISANCES WHICH MAY AFFECT LIFE AND HEALTH

(Statutory authority: Public Health Law, §225)

Sec. Sec.

8.1 All complaints to be investigated 8.4 Report to State Commissioner of Health8.2 Health officer to file report 8.5 Direction to local Board8.3 Action to be taken by local board 8.6 Local board to convene, take action

Section 8.1 All complaints to be investigated. The local health officer, upon receiving a complaint of the existence within his jurisdiction of a nuisance which may affect health, or when the probable existence of any such nuisance comes to his attention, shall make or cause to be made by his duly authorized representative an immediate and thorough investigation, and if, in his opinion, such a nuisance exists, he shall take steps to secure its voluntary abatement.

8.2 Health officer to file report with local board. The health officer, except in municipalities in which a different procedure is prescribed by general or special law, shall also within five days of the receipt of a complaint or of the discovery of the probable existence of a nuisance which may affect health, unless the nuisance has in the meantime been abated and the complainant satisfied, file with the local board of heath:

(a) the complaint, if made in writing, or, if not in writing a summary thereof: or, if no complaint has been made, a statement of the facts, and

(b) a report showing:(1) his findings of the facts:(2) his opinion as to whether or not the condition constitutes a nuisance likely to affect health

and whether or not such condition constitutes a violation of any local regulation in the municipality;(3) the steps, if any, already taken to abate the nuisance:(4) whether in his opinion the nuisance has been abated.

8.3 Action to be taken by local board. Within five days of the filing with the local board of health of the report provided for in section 8.2, supra, such local board shall:

(a) convene, and examine into the complaint and if it appears that a nuisance dangerous to health exists:(b) furnish the owner, agent or occupant of the premises on which the condition alleged to constitute a

nuisance exists, with a written statement of the condition found; and have duly served upon such owner, agent or occupant, a notice to appear before the board of health at a stated time and place, to show cause why such condition should not be declared a nuisance dangerous to health and an order for it abatement issued, and the

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prescribed penalty imposed if the condition constitutes a violation of a local health regulation in force in the municipality;

(c) if, after such hearing, it decided that the condition found to exist constitutes a nuisance dangerous to health, issue and enter upon its minutes an order direction the abatement of such nuisance, a copy of which order shall be order upon the owner, agent or occupant of the premises, or posted conspicuously thereon;

(d) impose in addition, if the condition constitutes a violation of a local health regulation in force in the municipality, the prescribed penalty for such violation.

8.4 Health officer to report to State Commissioner of Health. Within 48 hours after the entry of any decision of the board declaring the conditions not to be a nuisance affection health, or if within five days of the filing of the report of the health officer with the local board of health, said board fails to take action provided by section 8.3, supra, the health officer shall forward a copy thereof to the State Commissioner of Health, together with the original or copies of his report and other papers filed by him with the local board, as required in section 8.2, supra.

8.5 State Commissioner of Health may direct local board of health to take certain definite proceedings. If, in the opinion of the State Commissioner of Health, the conditions complained of constitute a nuisance likely to affect health and the abatement or removal thereof is necessary for the public good and for the protection of life and health the said commissioner may, by notice to the presiding officer of the local board of health, direct him, pursuant to section 1300 of the Public Health Law, to convene such local board to take certain definite proceedings concerning which the said commissioner is satisfied that the action recommended by him is necessary for the public good and is within the jurisdiction of such local board of health.

8.6 Presiding officer to convene local board and take action directed. Upon the receipt of such notice from the State Commissioner of Health, the presiding officer of the local board of health shall promptly convene such local board, which shall take the action directed by the said commissioner.

APPENDIX 75-A

WASTE TREATMENT-INDIVIDUAL HOUSEHOLD SYSTEMS

(Statutory authority: Public Health Law, 201[1][L])

Sec. Sec.

75-A.1 Introduction 75-A.6 Septic tanks75-A.2 Construction Safety 75-A.7 Distribution devices75-A.3 Sewage flows 75-A.8 Subsurface disposal75-A.4 Soil and site appraisal 75-A.9 Alternative systems75-A.5 House or building sewer 75-A.10 Nonwaterborne systems

Historical Note

Appendix (§§ 75-A.1--75-A.10) filed Aug. 17, 1978eff. Aug. 17, 1978

Section 75-A.1 Introduction. This publication applies to systems receiving domestic-type sewage quantities of less than 1,000 gallons per day, although many of these same principles are applicable to larger sewage flows. Included in this bulletin are systems for year-round households, for seasonal and temporary systems, and for recreational area systems.

Historical NoteSec. filed Aug 17, 1978 eff. Aug. 17, 1978

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75-A.2 Construction safety. (a) No person shall be permitted to enter any trench or Similar excavation where be may be exposed to side or bank failure or cave-in unless proper safeguards for his protection have been provided

(b) When any person works in or frequents any trench or excavation five feet or more in depth which has sides or banks with slopes steeper than one vertical on one horizontal, such sides or beans shall be provided with sheeting and shoring. Such sheeting and shoring system shall be in contact with the side or banks of such trench or excavated

(c) Any trench or excavation in clay, sand, silt, loam or non-homogenous soil which has sides or banks more than three feet but less than five feet in depth shall be provided with side or bank protection

(d) All sides or banks, slopes and areas in and adjacent to any excavation shall be stripped and cleared of loose rock or any other material which may slide, fail, roll or be pushed upon any person located in such excavation

(e) Where no work is being performed in an unattended open excavation which has substantially vertical sides or banks three feet or more In depth, such excavation shall be effectively guarded on all open surfaces regardless of the location of such excavation-

75-A.3 Sewage flows. (a) Roof, footing, garage, cellar. surface water drain-age and water softener, water recharge and backwash wastes must be excluded from the I-IL

(b) In practice, the design flow is usually estimated by multiplying the number of household bedrooms by 150 gallons per day.

75-A.4 Soil and site appraisal (a) Site investigation.(1) Low areas likely to be flooded should be avoided Slopes greater than 15 percent should also be

avoided.

(2) Further investigation should assure that at least four feet of usable soil is available above rock, unsuitable soil, and high seasonal groundwater.

(3) Separation distances between subsurface disposal units and other structures and facilities are required to maintain system performance, to permit repairs, and to reduce undesirable effects of underground sewage flow and dispersion., These include buildings, property lined, utilities, wells, and components of the sewage disposal system. Recommended separation distances appear in Figures 1 and 2

(4) Once the required infiltration area, determined by soil percolation tests, is estimated by computation, the required usable area of the property for subsurface disposal can be found,. An additional 50 percent should be available for future expansion and replacement purposes.

(b) Separation requirements:

***figure 1***

***figure 2***

Table 1

Separation Distances from Wastewater Sources

Wastewater Well or To stream, lake Property sources suction line (a) or watercourse (c) Dwelling line

House sewer 25’ if cast iron 25’ 10’

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(watertight joints) pipe, 50’ otherwise

Septic Tank 50’ 50’ 10’ 10’Effluent line todistribution box 50’ 50’ 10’ 10’Distribution box 100’ 100’ 20’ 10’Absorption field 100’ (b) 100’ 20’ 10’Seepage pit 150’ (b) (more in 100’ 20’ 10’ coarse gravel)Dry well (roof and footing) 50’ 25’ 20’ 10’Fill or built-up system 100’ 100’ 20’ 10’Evapotranspiration-absorption system 100’ 50’ 20’ 10’sanitary privy pit 100’ 50’ 20’ 10’privy, watertight vault 50’ 50’ 20’ 10’

(a) Water service and sewer lines may be in the same trench if cast iron sewer with lead-caulked joints is laid at all points 12 inches below water service pipe; or sewer may be on dropped shelf at one side at least 12 inches below water service pipe, provided that sewer pipe is laid below frost with tight and root-proof joints and is not subject to settling, superimposed loads or vibration. Water service lines under pressure shall not pass closer than 10 feet of a septic tank, absorption tile field, leaching pit, privy or any other part of a sewage disposal system.

(b) Sewage disposal systems located of necessity upgrade in the general path of drainage to a well should be spaced 200 feet or more away.

(c) Mean high water mark.

(c) Soil investigation. (1) Reference made to highest groundwater level will refer to the depth to and estimated duration of the seasonal high water level and the type of water table--perched, apparent or artesian. The Soil Conservation Service often refers to this as soil moisture regime.

(2) If a shallow subsurface disposal unit such as an absorption field is planned, or a built-up system using fill material is proposed, at least four feet of usable soil should be available over impermeable deposits (i.e., clay or bedrock). Highest groundwater level should be at least two feet below the trench bottom,. At least two test holes, widely spaced, should be dug within the leaching area to insure that uniform soil and site conditions prevail. If observations reveal widely varying soil profiles, additional holes should be dug and tested. Disposal systems should be designed to reflect the most severe conditions encountered.

(3) Test holes for seepage pits should extend to at least mid-depth and full depth of the proposed pit bottom. Again, at least two feet of usable soil should exist between the pit bottom and rock. The highest groundwater level should be at least two feet below the proposed pit bottom. This should be confirmed by extending one of the deep test holes for each proposed seepage pit two feet deeper than the pit bottom.

(d) Soil percolation test. (1) At least two percolation tests should be made at the site of each proposed seepage pit; one at the bottom depth, and the other at half the pit depth. If different soil layers are encountered when digging the test pit, a percolation test should be performed in each layer with overall percolation rate being the weighted average of each test based upon the depth of each layer.

(2) Where absorption fields are to be built in fill or disturbed soils, soils should be permitted to stabilize naturally before percolation tests are performed. Stabilization of loamy soils is dependent on rainfall and may require six to nine months.

(3) The procedure noted below should be followed in performing a soil percolation test for an absorption field or seepage pit: (Take construction safety precautions.)

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(i) Dig a hole with vertical sides and approximately 12 inches wide. If an absorption field is being considered, the depth of the percolation test hole should be 24 to 30 inches below the final ground surface. If a seepage pit is under consideration, percolation tests should be run at one-half the depth and at the full estimated depth of the seepage pit. In order to facilitate the running of the test and prevent cave-in, a larger excavation should be made for the upper portion of the hole with the actual percolation test hole in the bottom (Figure 3). It is necessary to place small stones in the bottom of the test hole to reduce scouring and silting action when water is poured in the hole. Scrape the sides to eliminate smearing.

(ii) Presoak the test hole by periodically filling the hole with water and allowing the water to seep away., This procedure should be performed for at least four hours and should begin one day before the test except for clean coarse sand and gravel. After the water has seeped away, remove any loose soil that has fallen from the sides of the hole.

(iii) Pour clean water into the hole, with as little splashing as possible, to a depth of six inches.

(iv) Observe and record the time in minutes required for the water to drop from six inches to five inches.

(v) Repeat the test (a minimum of three times) until the time for the water to drop one inch for two successive tests is approximately equal. The last test will then be taken as the stabilized rate of percolation and the time recorded for this test will be the design basis for determining the absorption area required for a subsurface absorption system.

75-A.5 House or building sewer. (a) House sewers are laid on a firm foundation at a minimum grade of one-quarter inch per foot without bends. At least one cleanout with a properly fitted plug is provided.

(b) (1) Acceptable materials for house sewers include cast iron, vitrified clay, concrete, asbestos-cement, bituminized fiber and rigid plastic. It is recommended that these materials meet ASTM specifications for house sewer use.

(2) Forty-five degree fittings with cleanouts are used of bends are necessary. The minimum diameter for house sewers is four inches and al joints should be watertight.

(c) A minimum horizontal separation of 10 feet should exist between the house sewer and any water line. Where lines must cross, the water service line should be above the house sewer and be separated from it by at least 12 inches. If a water line must pass below the house sewer, the vertical separation should be at least 18 inches.

(d) Suction lines from wells should never cross under house sewers.

75-A.6 Septic tanks. (a) General information.

(1) Table 2 specifies minimum septic tank capacities based upon the number of household bedrooms, including an expansion attic as an additional bedroom.

TABLE 2

Minimum Septic Tank Capacities

Number of Septic Tank Capacities (gallons)bedrooms Minimum Recommended

1, 2 750 750 3 900 1,000 4 1,000 1,200 5 1,250 1,250

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(2) Septic tank covers should always be accessible and manholes should therefore be within 12 inches of final grade. If this is not possible, an extension collar should be provided over each opening. Construction of driveways or other facilities above septic tanks is not normally allowed for structural reasons although specially designed and reinforced tanks may be considered on an individual basis.

(3) A sketch of the sewage disposal system as built should always be retained by the homeowner. Each access manhole for the septic tank and other system components should be shown on the sketch with reference points and distances to at least two permanent surface objects.

(b) Design and installation. (1) General Requirements,. The following applies to all septic tanks regardless of material:

(i) A recommended minimum liquid depth of four feet. The effective length of rectangular tanks must not be less than two nor greater than four times the effective width.

(ii) The tank must be watertight, constructed of durable material and not subject to excessive corrosion, decay, frost damage or cracking. The top of all septic tanks shall be able to support at least 300 pounds per square foot.

(iii) The top of the tank shall be no more than 12 inches below the finished grade and should be provided with two openings; one large enough for entering and inspection, the other large enough for cleanout purposes. The larger opening of manhole shall be a minimum of 20 inches in the shorter dimension. Where the top of the tank must be more than 12 inches below finished grade, it is necessary to build up an extension collar around the manhole to bring the cover up to within 12 inches of finished grade. There shall be a one-inch clearance between the underside of the top of the tank and the top of all baffles to permit venting.

(iv) Tanks shall be placed on at least a three-inch bed of sand or pea gravel. This will provide for proper leveling and bearing.

(v) There shall be a minimum difference in elevation of two inched between the inverts (bottom) of the inlet and outlet pipes.

(vi) Two compartments become necessary when the length of the tank exceeds nine feet. The dividing baffle in two-compartment tanks shall extend from the bottom of the tank to al least six inches high (or a 6-inch elbow) and located 18 inches below the flow line.

(vii) Compartmented septic tanks shall have at least one access manhole (20 inches minimum smaller dimension), for each compartment

(viii) Minimum tank capacities are given in Table 2.

(2) Steel septic tanks must in addition meet the following requirements: (i) Steel septic tanks must meet Underwriters Laboratories standard UL-70.

(ii) Unprotected steel septic tanks will deteriorate rapidly in a corrosive environment and therefore, should not be used.

(iii) A bituminous coating or other acceptable material shall be used to cover all surfaces of steel tanks.

(3) Concrete septic tanks must in addition meet the following requirements:

(i) Sanitary tees or precast units are not recommended for precast or prefabricated concrete septic tanks unless they are cast or built into the tank wall.

(ii) The walls and floor of poured-in-place tanks shall be poured at the same time (monolithic pour).

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(iii) walls and floor shall be at least three inches thick if reinforced and six inches thick if not reinforced.

(iv) Tanks constructed of concrete block or brick must be finished on the interior with two one-half coats of cement plaster.

(v) Concrete used should have a minimum compressive strength of 2500 psi at 28 days.

(4) Fiberglass septic tanks must in addition meet the following requirements:

(i) Particular care must be taken during installation and backfilling of these units, so as to prevent damage to the tank walls.

(ii) All tanks shall be sold by the manufacturers completely assembled with the inlet and outlet baffles in place.

(c) Operation and Maintenance,. (1) Periodic inspection of septic tanks should be performed annually to determine scum and sludge accumulation. Most tanks should be pumped out every three to five years, whenever the bottom of the scum layer is within three inched (dimension A in Figure 7) of the bottom of the outlet baffle or tee, or whenever the distance between the top of the sludge to the bottom of the outlet baffle is less than that given in Table 3 (dimension B in figure 7)

**figure 7**

(2) Pumped-out septic tanks often contain toxic gases; therefore, only an experienced person should attempt to enter or repair a septic tank if this should become necessary. The average homeowner should not enter a septic tank.

(3) Before contracting for this service, it should be ascertained that the contractor possesses a valid permit to operate, issued by the State Department of Environmental Conservation or the local health unit.

(4) The use of septic tank additives is not recommended.

(5) Water softener wastes should be discharged at least 250 feet from any well and away from vegetation considered of value.

(6) Septic tanks should be filled with inert material if they are abandoned and when public sewers are installed.

75-A.7 Distribution devices. (a) Distribution box.

(1) For accessibility, it is necessary that the distribution box be readily located and have a removable cover not more than 12 inches below grade.

(2) Even division of flow requires that the distribution box have all outlets at the same elevation.

(3) To minimize frost action and reduce the possibility of movement once installed, distribution boxes should be set on a bed of sand or pea gravel at least 12 inches thick.

(4) Distribution boxed may be constructed in place or purchased prefabricated. The drop box between inlet and outlet inverts should be at least two inches.

(b) Serial distributors. (1) Distributor lateral sections are connected with tight joint pipe and should be placed in undisturbed soil.

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(2) In absorption fields, single dosing units are required when the total trench length exceeds 500 feet. Alternate dosing units are used when the length exceeds 1,000 feet.

(3) Automatic dosing may be performed by automatic syphons or pumps. Manually operated devices are not recommended.

75-A.8 Subsurface disposal. (a) General information. Surface discharges are rarely approved for individual household sewage disposal systems. When proposed, plans and specifications must meet requirements established by the New York State Department of Health and Environment Conservation.

(b) Absorption field systems. (1) The minimum distances that absorption fields should be separated from other facilities are given in Figure 1

(2) Absorption fields should never be built under driveways, walkways, parts of the building or under above-ground swimming pools or other areas subject to heavy loading. Surface waters should be diverted from the vicinity of the subsurface disposal system.

(c) Absorption field design. (1) At least two inches of gravel is placed over the distribution line and a minimum of six inches under the distribution line. The earth cover over the gravel shall not exceed 12 inches in order to enhance natural aeration and nitrate utilization by plant life. where it becomes necessary for the trench depth to be greater than 24 inches, additional gravel shall be placed over the distribution lines so as to maintain an earth cover of six inches to 12 inches. The trench depth should be as shallow as possible, but not less than 18 inches. The minimum trench width shall be 24 inches. Additional allowances will not b made for trenches wider than 24 inches.

(2) Adjacent absorption field trenched should be separate by at least four feet of undisturbed soil. Individual trenches should be constructed parallel to ground contours with trench bottom having a minimum slope of 1/16 inch per foot. They need not be perfectly straight but abrupt changes in direction should be avoided.

(3) Perforated or open joint distributor pipe may be used. Where dosing is not required, four-inch diameter pipe is adequate. Dosed systems may require larger diameter pipe. When open joint pipe is used, adjacent sections should be separated by a 1/4 inch space, with the upper two-thirds covered by building paper. Distributor pipe should be laid at a slope between 1/16 inch and 1/32 inch per foot.

**figure 11**(d) Absorption field materials. (1) Four-inch diameter agricultural drain tile, clay tile, bituminous fiberand rigid or corrugated plastic are acceptable materials for use as open joint or perforated distribution lines. Corrugated plastic pipe delivered in coils should be avoided unless provision is made to prevent recoiling after installation. All materials should be recommended for use in absorption fields by ASTM.

(2) Washed gravel or crushed stone 3/4-1 1/2 inches may be used as aggregate for the trench. Larger diameter material or finer substances (e.g., crushed shells) are not satisfactory. Run-of-bank gravel is unacceptable.

(3) The gravel should be covered with a material that prevents soil from entering the aggregate after backfilling, yet must permit air and moisture to pass through. Untreated building paper or a two-inch layer of straw is acceptable; polyethylene and treated building paper are relatively impervious and are not permitted.

(e) Construction of absorption fields. (1) Trench locations and depths should be marked by stakes before the site is graded. Next, the area should be graded as accurately as possible.

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(2) Trenches should be excavated to the design depth with bottom practically level. Then heavy equipment should be kept away from the absorption field because its weight may permanently alter soil characteristics due to compaction, cause trench cave-in, and misalign and break pipe.

(3) Following excavation, the trench bottoms should be graded by hand to a 1/16 inch to 1/32 inch slope.

(4) After final grading, trench bottoms should be raked and immediately covered with at least six inches of washed gravel or crushed stone.

(5) Trench sidewalls should also be raked to remove any smeared surfaces. Distributor lines or tile pipe are carefully placed on the gravel as shown in Figure 11. Then place gravel in the trench to a depth of at least two inches over the top of the pipe. Additional gravel may be required to bring the top of the gravel to within 6 inches to 12 inches of the surface as shown in Figure 11.

(6) Piping should be carefully sloped at between 1/16 inch and 1/32 inch per foot. Grades should be determined by transit or level.

(7) After gravel and piping have been placed in each trench, the trench should be backfilled as soon as possible to prevent rainwater from washing and settling in the trench, which will cause siltation or sidewall collapse.

(8) (i) If the trench cannot be immediately backfilled, the trench opening should be covered with impervious material (such as treated building paper) until backfilling can be accomplished.

Table 4(ii) Untreated building paper or straw should be placed above the aggregate to prevent soil from entering

the gravel.

(iii) earth backfill should be manually shoveled in to fill the remainder of the trench. The backfill should be mounded above the trench to allow for settling.

(iv) Finally, after settlement the entire disposal area should be graded and seeded with grass. Heavy equipment should remain off the absorption field after the sewage disposal system has been completed.

(f) Seepage pits. Seepage pits are an adequate method of disposal where the available area does not permit construction of shallow systems, or where relatively impervious shallow soils are underlain by soil with good permeability, and when the groundwater level is at all times at least two feet below the bottom of the deepest pit.

(g) Seepage pit design,. (1) If relatively uniform soil is encountered, two percolation tests should be made for each pit: one at the halfway depth and another at the floor of the pit. The two results are averaged to obtain the overall percolation rate. where non-uniform soil is encountered, a percolation test should be made in each layer and the overall rate can be approximated by the weighted average.

(2) The necessary “effective seepage pit area” can be obtained from Table 5 using the overall percolation rate.

(3) No allowance for infiltration area can be made for the bottom area of the pit or the surface area of impervious (greater than 60 minutes) soil layers.

(4) Effective depth is measured from the seepage pit inlet to the floor of the pit, with the thickness of layers of impervious solid deducted.

(5) Laterals leading to each seepage pit must be at least four inches in diameter and sloped 1/8 inch per foot. Seepage pit linings are places upon a concrete block footing and surrounded by a six inch minimum

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ring of washed gravel or crushed stone up to the level of the inlet. The gravel or crushed stone is covered by a layer of straw or pea gravel to prevent soil above from filling in the

**table 5**

**table 6**void spaces. The top slab would be structurally sound and be equipped with a manhole.

(6) As with absorption fields, minimum distances must be maintained between seepage pits and other man-made natural objects. These minimum distances are shown in Figure 2. When a nearby well is involved, seepage pits should be located at least 150 feet away, at a lower elevation with the hydraulic gradient of the groundwater sloping away from the well.

(h) Seepage pit construction. (1) Excavation should not be started when soils are wet as sidewall smearing may occur and significantly reduce infiltration capacity. Seepage pit excavations should be at least one to two feet larger than the effective diameter to allow for the thickness of the gravel ring. If ground water is encountered, the pit should be backfilled with original soil to a level at least two feet higher than maximum groundwater level and adjustments in design capacity made.

(2) When the lining is completed, the space between the lining and excavation wall should be filled with 3/4 to 2 1/2 inch size crushed stone or washed gravel. A two-inch layer of straw or pea gravel should be placed above the aggregate to prevent soil from filling the void spaces in the aggregate. Pit covers can be poured at the site or purchases as precast reinforced units. when poured at the site, they should be reinforced to provide structural soundness.

(3) Prior to abandonment, and when making connection to a public sewer, seepage pits should be filled with inert material.

**figure 14**Historical Note

Sec. filed Aug. 17, 1978 eff. Aug 17, 1978.

75-A.9 Alternative systems. (a) General information. Although good engineering practice dictates that household waste treatment systems should not be built where adverse soil and site conditions exist, in some cases a house has already been constructed, sewage is overflowing onto the ground surface and the owner cannot afford to abandon his home. Under these circumstances, the following alternative systems are suggested for coping with such problem situations:

(1) Fill or built-up system,

(2) Evapotranspiration-absorption system,

(3) Aerobic digestion systems,

(4) Subsurface sand filters.

Due to the complexity of these systems, a licensed professional engineer or registered architect experienced in sewage disposal and treatment systems should be retained to design and prepare plans for the system. Approval of the NYS Department of Environmental Conservation should be obtained when required for system (d).

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(b) Fill or built-up systems. (1) Where adequate permeable soils exist and their capacity can be demonstrated by percolation test results, but high groundwater levels prevent the construction of conventional subsurface absorption field systems, fill systems built above maximum groundwater, protected by curtain drains where needed, may operate satisfactorily.

(2) Fill systems are constructed much like conventional absorption fields except that several feet of permeable soil is placed on top of the native soil to maintain a two-foot minimum distance between the bottom of trenches constructed in the fill and the highest groundwater level.

(3) The filled area should extend and be tapered off 20 feet beyond the extremities of the absorption field trenches to avoid seepage of waste through the toe or edge of the fill. The soil for fill should be carefully selected. It should contain a mixture of gravelly loam (gravel, sand, silt, clay mixture) and topsoil (containing humus).

(4) The following procedure should be employed to determine the total length of field trenches for a fill system:

(i) conduct at least two percolation tests in the natural soil in the area of the proposed disposal system and average the results;

(ii) fill material of a quality as described above with a percolation rate of 30 minutes per inch or less is placed on the native soil to a depth sufficient to assure at least a two-foot difference in elevation between the trench bottom and maximum groundwater level. Soil percolation tests should be conducted at the borrow site to determine suitability of soil before transporting;

(iii) following natural stabilization, which may require six to nine months, tow or more percolation tests are conducted in the fill and the results averaged;

(iv) the slower average percolation test result from Steps 1 and 3 is used to determine the required absorption field length using Table 4. Trench details are given in Figure 11.

(c) Evapotranspiration-absorption systems. (1) Where “tight” soils or rock restrict downward flow, designs have been proposed which maximize the upward removal of liquid effluent to the atmosphere by evaporation and transpiration through the soil surface and vegetation covering the absorption field and thus minimize the downward percolation of sewage effluent.

(2) Evapotranspiration-absorption system designs are based upon the gross area of the absorption bed excluding the 20-foot peripheral strip as opposed to only trench infiltration area. Table 7 lists the gross areas required as a function of design flow or home size. The table is based on an application rate of 0.2 gallons per square foot per day to the absorption bed excluding the peripheral strip.

(3) Once the overall area has been determined, dimensions should be chosen so that individual runs of tile or perforated pipe do not exceed 60 feet. The built-up absorption bed is surrounded by a 20-foot wide tapered peripheral strip of porous earth fill containing topsoil and 20 to 40 percent clay loam. This safeguards the system during the winter and spring when these systems are prone to become surcharged and fail. If the system is installed on sloping ground, the downgrade peripheral strip may have to be extended or tapered to 40 or more feet to prevent seepage out of the toe of the fill. This would be necessary where a 12- to 18 inch natural soil cover is not available downgrade. A curtain drain around the bed to intercept and lower the groundwater table, with discharge to the surface may be needed in areas of high groundwater. Utilize and retain as such of the natural topsoil as exists. Do not remove.

**figure 15**

Table 7

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Evapotranspiration-absorption System(in square feet)

Number ofbedrooms Flow (GPD) Bed area (ft. )

1 150 750 2 300 1,500 3 450 2,250

4 600 3,000 5 750 3,750

Note: Use a 24-inch trench. Required bed area above does not include 20-foot wide tapered peripheral strip. Use maximum 60-foot distributor laterals.

(d) Aerobic digestion systems. (1) In addition to State and local health department requirements, where permitted, all of the following criteria must be met prior to the use of home aerobic units for individual on lot sewage disposal:

(i) An existing residence where the disposal system is not functioning satisfactorily. Approval should not be given for new construction.

(ii) Public sewers are not available and the lot is not located in an existing sewer district service area.

(iii) effluent from the home aerobic unit must be discharged into a subsurface leaching system: no direct discharge will be permitted to surface waters, storm sewers or ground surface.

(iv) The proposed unit has been approved by the National Sanitation Foundation in accordance with Standard No. 40, or equal as approved by the State Commissioner of Health, relating to individual-aerobic wastewater treatment plants.

(v) The manufacturer of the approved equipment must have service personnel available within 24 hours and the units must be sold with a service contract providing for at least quarterly servicing of a unit for the first two years of operation.

(vi) The required absorptive area will be based upon percolation test results as used for the design of conventional subsurface leaching units.

(vii) The owner is advised in writing of the operation and maintenance required and the conditions of approval.

(e) Subsurface sand filters. (1) Subsurface sand filters are utilized where soil is so impervious that disposal of wastewater in the ground is impractical and discharge to a surface water is allowed. A permit from the Department of Environmental Conservation may be required.

(2) A subsurface sand filter should be constructed in accordance with standard issued by the Department of Environmental Conservation as described in their bulletin,. Standards for Waste Treatment Works, Institutional and Commercial Sewerage Facilities.

Sec. filed Aug. 17, 1978 eff. Aug. 17, 1978

75-A.10 Non-waterborne systems. (a) The sanitary privy.

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(1) When excreta in the pit or vault reaches within 18 inches of ground level, privies should be pumped out or closed by filling the pit or vault and covering with at least 18 inches or earth.

(2) Pit privies should be located downgrade and at least 100 feet from water supply source. The pit bottom should be at least two feet above the maximum groundwater level and surface water should be drained away form the privy.

(b) Sewage treatment systems located upon watersheds of public water supplies. Where sewage treatment systems are to be located on the watersheds of public water supplies, the rules and regulations enacted by the State Department of Health for the protection of these water supplies must be observed. Where such works are to be observed. Where such works are to be located on the watershed of any stream or body of water from which the City of New York obtains its water supply, the approval of the Department of Water Resources of the City of New York must be obtained.

**figure 18**

§ 74.6

74.6 Variances. (a) The commissioner may on written application grant a variance from a specific provision of this Part in a particular case, subject to appropriate conditions, where such variance is in harmony with the general purpose and intent of this Part.

(b) The commissioner may impose more stringent requirements in a specific case when necessary to assure an adequate and satisfactory water supply and sewerage facility for the subdivision.

74.7 Other environmental factors. Upon request the developer shall provide the commissioner or his authorized representative with a report and such plans as may be needed, covering the following environmental factors:

(a) the method of solid waste collection and disposal;

(b) the extent to which proposed land uses and structures may cause air pollution;

(c) the methods for grading to prevent changes in soil percolation capacity and to provide for adequate collection and disposal of surface and ground water;

(d) the methods to prevent contravention of surface and ground water quality standards;

(e) the effect on the subdivision of environmental pollutants or hazards either on the property or from surrounding areas, resulting from such facilities, activities or conditions as industrial or commercial structures or operations, highways, solid waste disposal sites, swamps, quarries, sink holes, limestone deposits, gravel pits, airports, watercourses, agricultural uses, flood plains and unstable soil condition; and

(f) the potential effect of the subdivision on environmental factors in surrounding areas.

Part 75

STANDARDS FOR INDIVIDUAL WATER SUPPLY AND INDIVIDUAL SEWAGE DISPOSAL SYSTEMS

(Statutory authority: Public Health Law, § 201[1][m])

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Sec. Sec.75.1 Statement of purpose 75.4 standards for individual water supply 75.2 Applicability and scope systems75.3 Definitions 75.5 Standards for individual sewage disposal

systems

Historical NotePart (§§ 75.1-75.9) filed May 17, 1967; redesignated Subpart 75-1 and Subpart 75-2, filed

Aug. 28, 1967; new Part (§§ 75.1-75.5) filed Jan. 8, 1974 eff. Jan. 8, 1974.

Section 75.1 Statement of purpose. The rules contained in this Part have been promulgated to protect the health and safety of those persons who must use an individual water supply system, an individual sewage disposal system, or both, when a municipal or communal system is not available.

Historical NoteSec. filed May 17, 1967; renum. 75-1.1 filed Aug. 28, 1967; new filed Jan. 8, 1974 eff. Jan 8, 1974.

75.2 Applicability and scope. This Part shall apply throughout the entire State of New York and shall represent minimum requirements for individual water supply and for individual sewage disposal systems.

Historical Note Sec. filed May 17, 1967; renum. 75-1.2, filed Aug. 28, 1967; new filed Jan. 8, 1974; amd. filed Aug. 17,

1978 eff. Aug 17, 1978

75.3 Definitions. As used in this Part, the following words and phrases shall have the following

meanings: (a) Individual water supply system means a water supply intended to supply one or more single parcels of land, except when supplied by a public water supply as defined in Part 5 of this Title.

(b) Individual sewage disposal system means a facility serving one or more parcels of land and disposing of sewage or other liquid wastes into the soil of such parcels, except where a permit for such a facility is required under the applicable provisions of article 17 of the Environmental Conservation Law.

(c) General waiver means a waiver that exempts any portion of the standards for individual water supply and/or for individual sewage disposal systems because of unique local conditions.

(d) Specific waiver means a waiver granted in an individual situation because of a hardship or other circumstance that makes it impractical to comply with a standard for individual water supply or for individual sewage disposal systems.

75.4 Standards for individual water supply systems. Individual water supply systems shall be designed, constructed and maintained in accordance with the standards of the State Commissioner of Health as set forth in the State Department of Health bulletin entitled Rural Water Supply.*

75.5 Standards for individual sewage disposal systems. Individual sewage disposal systems shall be designed, constructed and maintained in accordance with the standards of the State Commissioner of Health as set forth in the State Department of Health bulletin entitled New York Health Department Waste Treatment Handbook-Individual Household Systems**.

* Bulletin entitled Rural Water Supply has not been filed in the Office of the Department of State: however, for informational purposes it has been published as Appendix 5-B.

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** Bulletin entitled New York State Health Department Waste Treatment Handbook-Individual Household Systems has been filed in the Office of the Department of State and has been published as Appendix 75-A.

75.6 Waivers, general and specific. (a) General Waiver.(1) The State Commissioner of Health may on written application supported by documentation grant a

general waiver form a provision of this Part, subject to appropriate conditions, where such waiver is consistent with the general purpose and intent of this Part to the full-time city or county health department official responsible for administering an individual sewage disposal systems program.

(2) Such waiver shall include the effective date, the time period if any for which the waiver is granted, the requirement(s) being waived and any other limiting conditions such as types of systems, local conditions or geographical areas where the waiver can be used.

(b) Specific Waiver. The State Commissioner of Health, his designated representative or the full-time city or county health department official responsible for administering an individual sewage disposal systems program may on written application grant a specific waiver from a provision of this Part, where such waiver is consistent with the general purpose and intent of this Part. The applicant receiving such waiver must be advised in writing if the design or conditions approved does not meet State standards and the potential consequences of such deviations.

75.7-75.9

SUBPART 75-2

Historical Note Subpart filed Aug. 28, 1967; repealed, filed April 28, 1972 eff. May 1, 1972.

Sections 75-2.1--75-2.6

SUBPART 75-3

Historical NoteSubpart filed Feb. 18, 1969; repealed, filed April 28, 1972 eff. May 1, 1972.

CHAPTER II ADMINISTRATIVE RULES AND REGULATIONS §76.2

Section 75-3.1

Historical NoteSec. filed Feb. 18, 1969; amd. filed Mar. 18, 1970; repealed, filed April 28, 1972 eff. May 1, 1972

SUBPART 75-4

Historical NoteSubpart ( §§ 75-4.1--75-4.4) filed Dec. 31, 1971; repealed, filed April 28, 1972 eff. May 1, 1972.

Sections 75-4.1--75-4.4

Historical Note

Secs. filed Dec. 31, 1971; repealed, filed April 28, 1972 eff. May 1, 1972.

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PART 76

CHAPTER ________SANITARY REGULATIONS FOR THE VILLAGE OF NEW BERLIN

VILLAGE OF NEW BERLIN SANITARY REGULATIONS

ARTICLE I

INTRODUCTORY PROVISION

SECTION 1.010 SHORT TITLEThis local law shall be known as the Village of New Berlin On-Sight Sewage Disposal Law. The Village

of New Berlin is hereinafter referred to as the “Village”.

SECTION 1.020 APPLICABILITYThis local, law shall govern the disposal of sewage and the design of all sewage disposal systems within

the Village except that this order shall not govern the design or installation of, or disposal of sewage by means of a community or public sewer.

SECTION 1.030 AUTHORITYEnactment of this local law is pursuant to article 7 of the Village Law,

,Article 3 of the Public Health

Law, and Article 27 of the Executive Law of the State of New York.

SECTION 1.040 PURPOSE AND OBJECTIVESThe purpose of this local law is to promote the health, safety, and general welfare of the community by

insuring through the location, construction, and use of properly designed facilities that sewage and other wastes are disposed of in a manner that will not create a health hazard, adversely affect the environment, or impair the enjoyment or use of property.

* Suggested change

GENERAL PROVISIONS

SECTION 2.010 PROHIBITED ACTSExcept as otherwise provided in this local law:A. It shall be unlawful for any person to construct, alter, repair, enlarge, or extend any facilities or part of such facility intended or used for the discharge of sewage.

B. It shall be unlawful for any person to cause to be discharged, within the Village, any sewage except by Systems designed, installed, and approved in accordance with the requirements of this local law except that holding tank sewage wastes shall be disposed of in a location and by a method designated by the Village Board provided that such location has received all required governmental approvals.

C. It shall be unlawful for any person to use or maintain any individual sewage disposal system that is unsafe, is a source of pollution to any of the surface waters of the state, permits the seepage of sewage to ground surface, or interferes with the enjoyment or use of the property.

D. It shall be unlawful for any person to vacate, other than on a seasonal basis, the property upon which a septic tank or seepage pit is located, unless at the time of such vacating the septic tank is filled with clean, granular soil or inert, free-flowing, dense material.

SECTION 2.020 DEFINITIONS

"Application Rate" - the rate at which septic tank effluent is applied to a subsurface absorption trench or pit, for design purposes, expressed in gpd/ft.

"Baffle" - a flow deflecting device used to check or inhibit the velocity of a stream of flow or the discharge of floating and suspended solids. See Sanitary Tee definition.

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"Building" - means a structure wholly or partially enclosed with exterior or party walls, and a roof, affording shelter to persons animals or property.

"Building Drain" - means that part of the lowest piping of a drainage system which receives the discharge of soil, wastes, and other drainage pipes inside the walls of the building and conveys such discharges to the building sewer. The building drain extends to 3 feet outside the building wall.

"Building Sewer" - that part of the drainage system which extends from the end of the building drain and conveys its discharges to an individual sewage disposal system, public sewer, private sewer, or other approved point of disposal.

"Chemical Toilet" - lightweight, portable unit in which chemicals are used for odor control, emulsification and disinfection of the contents of the holding tank.

"Cleanout" - an opening providing access to sewage disposal devices (house sewer, septic tank, distribution box) which allows for the cleaning or purging of materials and obstructions.

"Combined Sewer" - means a sewer receiving both surface runoff and sewage. "Community Water Supply System" - means a public water system which serves at least five service

connections used by year round residences or regularly serves at least 25 year round residences."Disposal Field" - means that area to which sewage is distributed for infiltration to the soil."Disposal System Building Permit" - means the permit required before construction of an on-sight sewage

disposal system."Disposal System Use Certificate" - means the certificate required before any portions of an on-sight

sewage disposal system are back filled or covered."Distribution Box or Device” - a device used to uniformly distribute sewage to the distribution lines.

“Emergency Repairs” - are repairs designed to prevent or abate an imminent threat to the public health, safety or welfare caused or about to be caused by an individual sewage disposal system. “Existing Grade” - means the natural topography of land prior to construction activity.

"Fill System" - means any sewage disposal system involving more than a two foot depth of constructed earth fill above natural existing ground level and designed according to the provisions of Article III of this local law. “Final grade" - the elevation that ground will have at the conclusion of cutting, filling, or other site work.

"Garbage" - means organic solid wastes from domestic and commercial preparation, cooking, or dispensing of food, or from the handling, storage and sale of produce.

"Grade" - the slope of a line of pipe, trench bottom, or ground surface in reference to a horizontal surface.

"Gravel" - means a mixture of mineral soil particles whose individual diameters range from one-fourth inch to three inches.

"Groundwater" - soil moisture occupying a zone of saturated soil which has a thickness of at least 6 inches for at least a two week period during the average water year.

"Impervious Material" - mean material with a percolation rate of slower than sixty (60) minutes per inch.

"Individual Sewage Disposal System" - means a complete system of piping, tanks, or other facilities for the on-site collection, treatment and disposal of sewage, and not connected to a community or public sewage system.

"Industrial Waste" - means any liquid, gaseous, solid, or waste substance or a combination thereof resulting from any process or industry, manufacturing, trade or business or from development or recovery of any natural resource.

"In Existence" - means with respect to individual sewage disposal systems that such structure has been substantially commenced or completed.

"Invert" - means the bottom most point of an open conduit or the bottom most point on the inside of a closed conduit.

"Leaching Facility" - means any structure that is designed to distribute sewage into the soil. See Seepage Pit or Subsurface Tile System.

"Local Board of Health" - means the Village Board acting pursuant to its authority found in Article III of the Public Health Law.

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"Major Alteration" - See Major /repair definition.

"Major Repair" - means any replacement or reconstruction affecting the septic tank or at least one-half the leaching facility of an individual sewage disposal system.

"Mean High Water Mark" - means the average annual high water level.

"Minor Alteration" - See Minor Repair definition.

"Minor Repairs" - is any remedial measure not defined as a major repair, major alteration, or extension.

"Percolation" - the movement of water downward through the pores of a soil or other porous medium following infiltration through the soil surface.

“Percolation Test” - a standard procedure for testing soil permeability to determine the sewage application rate.

“Permanent Building” - any structure that is constructed and attached to a permanent foundation at one location for 120 consecutive days.

"Privy" - a building fixed to a vault or pit, equipped with seating to allow for excretion of human waste.

"Preexisting Individual Sewage Disposal System" - means any individual disposal system that was lawfully in existence prior to effective date of the local law.

"Sanitary Inspector" - means the person appointed by the Village Board whose duty and authority is to administer and enforce the provisions of this local law.

"Sanitary Tee" - pipe fitting used in septic tanks to reduce flow velocities so as to increase solids settling in the tank and prevent carry-over of solids. See Baffle definition.

"Seepage Pit" - a covered, underground pit with a permeable lining that permits the infiltration of treated sewage to the surrounding soil.

"Septic Tank" - large, watertight chambers which promote the growth of anaerobic bacteria for the biological decomposition of sewage.

"Sewage" - the combination of human and household waste with water which is discharged to the home plumbing system; the waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.

"Subsurface Absorption System" - means seepage pits or tile fields.

"Subsurface Tile System" - a network of open joint or perforated pipe laid in gravel trenches for the purpose of distributing the effluent from an individual treatment service for absorption into soil.

"Surface Water Body" - any lake, pond, river, stream, intermittent stream or wetland.

"Toilet Wastes" - means human excretion and toilet flushing fluid.

ARTICLE III

STANDARDS(INDIVIDUAL SEWAGE DISPOSAL SYSTEMS)

SECTION 3.010 COMPLIANCE

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Individual sewage disposal systems shall comply with the applicable specifications and standards set forth in the most recent edition of Waste Treatment Handbook, Individual Household Systems, New York State Department of Health (1ONYCRR Appendix 75-A), and Standards for Waste Treatment Works - Institutional and Commercial Sewage Facilities, New York State Department of Environmental Conservation. Language such as "should" in these publications shall be considered mandatory ("shall") for the purpose of this local law. Systems shall also comply with the other standards of this article. With reference to the 100 foot minimum setback distance required between waterbodies and a leaching facility, in no case shall any disposal field, seepage pit or other leaching facility be located closer than l00 feet from the mean high water mark of any lake, pond or permanent or intermittent stream. Alternative systems, (e.g. evaporation - absorption system etc.) excepting fill systems (which are permissible under Section 3.040 of this local law), may be permitted by application to State Department of Health or, if applicable, the Department of Environmental Conservation with approval by the Village Board.

SECTION 3.020 GENERAL STANDARDS

A. Only sewage may be discharged into the individual sewage disposal system. Surface and subsurface water including rood, cellar, foundation and storm drainage shall be excluded from such systems and shall be disposed of so they will in no way affect the system.

B. no component of a leaching facility shall be located under driveways, roads, parking areas or areas subject to heavy loading.

C. No individual sewage disposal system except a sanitary privy or system employing a holding tank as sole receptacle for sewage may be placed on a lot not served by a community water supply, if such lot is less than 20,000 square feet in size.

SECTION 3.030 FILL SYSTEMS

A. In those cases where tests for high groundwater determination and soil percolation indicate that the quality and depth of natural soil is inadequate for an installation, a fill system may be utilized, provided the following specifications are met. Final approval of fill systems shall not be granted until the fill is in place and the system evaluated according to the administrative provisions of this local law.

B. The design and installation of a fill system shall comply with the following specifications:

1) There must be at least two feet of naturally occurring soil over a layer of impervious material.2) The maximum allowable existing natural ground surface slope for built-up systems shall be ten

percent. 3) When placing fill on top of existing grade, organic debris, including leaves, roots, and other

plant forms, shall be removed prior to the placement of the fill and the natural soil plowed and scarified.

4) The soil used for fill shall be well graded loamy sand, or well graded loamy sandy gravels, and should contain a minimum of twelve percent silts or clays containing no organic debris or no solid object larger than three inches in diameter and the fill shall be allowed to stabilize naturally for at least six months.

5) Sufficient fill must be installed to insure a minimum of two feet between any trench bottom and maximum high seasonal groundwater.

6) Only absorption fields shall be used as the leaching facility in fill systems. 7) A channel or diversion system shall be placed about the fill system in the up slope direction and of sufficient length to divert surface and sheet water runoff around the fill system.

8) The top of fill over the leaching facility shall be crowned or sloped to allow natural surface runoff, and seeded.

9) Side slopes of fill shall be graded to a slope not steeper than one foot vertical to three feet horizontal.

ARTICLE IV

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PREEXISTING SYSTEMS

SECTION 4.010 CONTINUATION OF PREEXISTING SYSTEMSSubject to the provisions of this local law, the use or maintenance of a properly functioning preexisting

individual sewage disposal system may be continued but it shall be unlawful to alter, enlarge, repair, or extend such systems except in conformity with the provisions herein. This article shall not be construed to permit any unsafe use or structure, or permit such structures or their use when such structure or use constitutes a threat to public health, safety, welfare or environmental quality; permits the seepage of sewage waters to ground surface; or interferes with the enjoyment or use of property.

SECTION 4.020 REPAIR, ALTERATION, ENLARGEMENT OR EXTENSION OF A SYSTEM

A. It shall be unlawful to repair, alter, enlarge or extend a preexisting individual sewage disposal system except that: (1) Minor repairs and minor alterations may be undertaken without a permit (2) Major repairs, extensions or major alterations may be undertaken pursuant to a disposal system building permit. B. It shall be unlawful to use any system that has been extended or undergone major repairs or major alterations unless a disposal system use permit is issued pursuant to Article V of this local law.

ARTICLE V

ADMINISTRATIVE PROVISIONS

SECTION 5.010 SANITARY INSPECTORThe Sanitary Inspector shall have the duty to administer and enforce the provisions of this local law. The

Sanitary Inspector shall be appointed, and may be removed by the Village Board. Persons adversely affected by an action, omission, decision or ruling by the Sanitary Inspector may appeal to the Village Board, which shall render a decision regarding the appeal only after holding a hearing on the matter pursuant to the terms of this article.

SECTION 5.020 SANITARY INSPECTORThe original or a certified copy of all findings, decisions, permits, certificates, or other rulings of the

Sanitary Inspector or Village Board under this local law, shall be retained in the files of the Village Clerk as a permanent public record.

SECTION 5.030 ISSUANCE OF DISPOSAL SYSTEM BUILDING PERMITS AND DISPOSAL SYSTEM USE CERTIFICATES

A. DISPOSAL SYSTEM BUILDING PERMITS:1. It shall be unlawful for any person to construct, alter, repair enlarge or extend an individual

sewage disposal system within Village unless a disposal system building permit has been issued therefore, except that minor repairs and alterations or emergency repairs may be made without a permit.

2. Applications for disposal system building permits may be made only by the owner or lessee of the lot for which the system is proposed or his duly authorized agent assign. Applications shall be in writing,

signed by the applicant in such form as the Village Board shall

determine. A fee of $25.00 shall accompany the application for a disposal system building permit. Applications shall be submitted to the Sanitary Inspector and include such information as the Village Board and Sanitary Inspector shall require including the following:

a) The name and address of the applicant.b) Specific location of the property on which the construction, alteration, repair or extension

is proposed.c) A plan of the proposed disposal system with substantiating data indicating that the

minimum standards set forth in this local law would be complied with.d) A sketch of the property showing the location of the proposed disposal system construction,

alteration, repair, or extension and including delineation of the property lines and sources of water supply for the property and adjoining properties.

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e) Evidence to demonstrate to the satisfaction of the Sanitary Inspector that there is no public sewer available into which the sewage can be discharged from plumbing facilities on the proposed building site, or that it is impractical to discharge sewage from on-site plumbing facilities into a public sewer system.

f) A percolation test is required for the site of a proposed leaching facility. The percolation rate shall be determined by the methods described in the State's Waste Treatment Handbook.

The Sanitary Inspector may verify the results of such tests and require supporting information from the applicant necessary for such review. When in his discretion warrants, the Sanitary Inspector shall request an individual designated by the Village Board to conduct this test.

Ig) Site data which might affect, or be affected by, the proposed system include but are not limited to topography, specifications regarding soil type, depth to seasonal high groundwater,

depth of impervious material, depth to bedrock and distance to surface bodies of water., The determination of depth to seasonal high groundwater shall be made in months of March, April, May or June, within six weeks of the time that the frost leaves the ground. If such determination is made at any other time, seasonal high groundwater shall be evaluated and certified by a qualified person approved by the Village Board. All determinations shall be accompanied by a statement of. the testing methods used as well as the basis for the determination.

The Sanitary Inspector shall determine whether or not an application is complete.

3. The Sanitary Inspector shall have the authority to require certification or retesting to verify information submitted as part of the application.

4. The Sanitary Inspector may conduct such investigations, examinations, tests, and site evaluations as he deems necessary to verify information contained in an application for a disposal system building permit, and the applicant or owner of the land on which the system is proposed shall grant the Sanitary Inspector or his agents permission to enter on his land for these purposes.

5. The Sanitary Inspector shall not issue a disposal system building permit unless:a) all pertinent site data has been submitted, verified, and certified as required by this local law; all

permit fees have been paid, and the Sanitary Inspector has determined that the alteration, repair or construction as proposed in the application complies with all specifications contained in this local law, or

b) The Sanitary Inspector is specifically ordered to issue the disposal system building permit by the Village Board pursuant to Section 5.070 of this local law and all permit fees have been paid

6. The Sanitary Inspector may disapprove an application for a disposal system building permit if he determines:a) that the individual sewage disposal system, as proposed, will not conform to the requirements or

specifications of this local law or an order of the Village Board.b) that the applicant has failed to supply all data necessary to make a determination as to whether or

not such individual sewage disposal system conforms to the requirements or specifications of this local law and has failed to supply such information for sixty (60) days after a written request for shall additional information has been mailed.

c) the applicant has failed to pay all necessary fees and has failed to make cash payment for sixty (60) days after notice of such non-payment has been mailed.

7. The Sanitary Inspector may, by written notice, order all further work stopped on any individual sewage disposal system which is being constructed or installed in violation of this local law.

B. DISPOSAL SYSTEM USE CERTIFICATES:1. It shall be unlawful for any unauthorized person to cover with soil or other material, or utilize, any

individual sewage disposal system unless a disposal system use certificate has been issued therefore.2. It shall be the duty of the holder of the disposal system building permit to notify the Sanitary Inspector

when the installation of the disposal system is ready for inspection. The inspection shall be made as soon thereafter as practicable by the Sanitary Inspector. The Sanitary Inspector may also make inspections during construction to ensure that the system is being installed in accordance with the terms of the disposal system that the system conforms to the specifications as set forth in the application and this local law, or by an order of the Village Board pursuant to this article. The Sanitary Inspector may

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withhold a determination until after an on-site investigation has been completed notwithstanding that the system has been certified as properly installed and designed

SECTION 5.040 FORM OF PETITIONS, APPLICATIONS AND APPEALSUnless otherwise stated

all petitions, applications, and appeals provided for in this local law shall be made

on forms prescribed by the Village Board. Completed forms shall be accompanied by whatever further information, plans or specifications as may be required by such forms.

SECTION 5.041 VARIANCEIf it is impossible to comply with the requirements of this local law as set forth in article III and IV, due to

the size of existing lot, location of existing buildings or soil characteristics, on written request from the owner a variance may be granted by the Village Board after authorization by the New York State Department of Health and the Sanitary Inspector, and after adjacent property owners are notified of the variance request and given the opportunity to submit comment relative to the proposal.

SECTION 5.042 AUTHORIZATION TO GRANT OR DENY ALTERNATIVE SYSTEMAny proposal for an alternative to the requirements of this local law shall be approved by the New York

state Department of Health and authorized by the Village Board in accordance with the standards and procedures set forth in this article. In approving such alternatives, the or Village Board may impose reasonable conditions, to protect the best interests of the surrounding property and to preserve the health, safety and general welfare of the or Village.

SECTION 5.050 APPLICATION FEESFees shall be paid upon the submission of applications provided for by the terms of this local law.

SECTION 5.060 APPEALS FROM ACTIONS OF SANITARY INSPECTORS: NOTICE OF PUBLIC HEARING

A. appeals of any actions, omissions, decisions or rulings of the Sanitary Inspector must be instituted within thirty (30) days of the act, omission, decision or ruling from which relief is sought.

B. Within fifteen (15) days of receipt of a completed application for appeal of an action, omission, decision or ruling of: the Sanitary Inspector the Village Board shall give notice of a public hearing to be held on the application.

C. Each notice of the hearing upon an application for an appeal to the Village Board shall be published once in the official newspaper of the Village at least ten (10) days prior to the date of the hearing. In addition, at least fifteen (15) days prior to the date of the hearing, notices shall be mailed to the applicant, each owner of record of the land involved in the application, the county, and all owners of the property adjoining the property for which the application is made, as may be determined by the latest tax assessment records of the Village.

SECTION 5.070 HEARINGS AND DECISIONS ON APPEALSA. Public hearings on appeals of actions of the Sanitary Inspector shall be held not less than thirty (30)

days after the notice is mailed, as provided in Section 5.060 above.

Any hearing may be recessed by the Board in order to obtain additional information or to serve further notice upon the property owners, or to persons it decides may be interested in the proposal being considered. Upon recessing, the time and date when the hearing is to be resumed shall be announced. No further notice of publication will be necessary.

All persons entitled to notice under Section 5.060, as well any person showing he may be directly affected by a proposal, shall be full parties in interest, with standing to participate in any and all proceedings under this Article. Within thirty (30) days of the final adjournment of a public hearing, the Board shall affirm, modify or deny the action, decision or ruling of the Sanitary Inspector or correct any omission by him, or approve, with conditions or disapprove the application. The decision of the Board shall be in writing and shall contain findings and the factual basis for each finding from the record of the hearing, which shall support the decision of the Board. The Boards discretion in considering an appeal under this article shall not extend to granting variances from this local law but shall rather be limited to reviewing the Sanitary Inspector's interpretation or application of the terms hereof.

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B. As part of any decision, the Board shall direct the Sanitary Inspector to issue any appropriate permit in conformity with its ruling and shall state a time by which the permit shall be issued in conformity with this local law.

SECTION 5.080 APPEAL FROM ACTION OF VILLAGE BOARDAn action, omission, decision or ruling of the Village Board pursuant to this local law may be reviewed

at the instance of any aggrieved person in accordance with the Article 78 of the Civil Practice Law and Rule, but application of such review must be, made not later than sixty days from the effective date of the decision or ruling or the date when the action or omission occurred.

SECTION 5. 090 SITE INSPECTIONSA. In filing an application for a disposal system building permit, an applicant shall be deemed to have

consented to the Sanitary Inspector and/or other person designated by the Village Board conducting examinations, tests, and other inspections of the disposal system site. Entrance upon the applicants' property shall be made only at reasonable times and with the advanced notice to the applicant. where possible.

B. The Sanitary Inspector or his designee may inspect any individual sewage disposal system built after this local law takes effect to insure that it is being maintained in proper working order. It shall be unlawful for the owner or occupant of the property to deny such official or his designee access to the property at reasonable times for the purpose of making such inspections. Where practical, inspections shall be made only after reasonable notice to the owner or applicant. Where the Sanitary Inspector determines that the system is not being maintained in compliance with this local law or any permit

issued hereunder, he may order that use of the system cease, and/or that the defects be corrected, and/or misuse abated within a reasonable time. If the prescribed action is not taken within the time fixed by the Sanitary Inspector, he may revoke the use permit for the system and/or refer the matter to the Village Board for appropriate corrective action.

SECTION 5.100 RECORDING OR EXPIRATION OF PERMITSAny permit issued pursuant to this local law shall expire within sixty (60) days from the date of issuance

thereof unless within such sixty-day period such permit and plans shall have been filed and duly recorded by the applicant in the Village Clerk's office.

SECTION 5.l10 EXPIRATION OF PERMITSUnless otherwise provided for in the permit, all permits shall expire within two (2) years of issuance. Once

a permit expires, and the disposal system is not completed, a new permit application is required.

* Variances from the substantive requirements (e.g. septic tank size, set back distance, etc.) remain under the jurisdiction of the New York State Department of Health (10NYCRR Part 75) - to be referred to New York State District Engineer.

ARTICLE VI

ENFORCEMENT

SECTION 6.010 PENALTYAny person owning, controlling or managing any building, structure, land or premises therein or whereon

there shall be placed on or there exists a structure or system in violation of this local law; and any person who shall commit or assist in the commission of any violation of this local law, or who shall build, erect, construct, or attempt the same to any structure contrary to the plans or specifications submitted to the authorized official and by him certified as complying with this local law and any person who shall omit, neglect, or refuse to do any act requested by this local law; shall be subject to: civil penalty of not more than ($250.00) to be recovered by the Village Board in any court or competent jurisdiction. Every such person shall be deemed guilty of a separate offense for each day that such violation, disobedience, omission, neglect or refusal shall continue. Where the person committing such violation is a partnership, association or corporation, the principal executive officer, partner, agency or manager may be considered to be the person for the purpose of the article.

SECTION 6.020 ALTERNATIVE REMEDY

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In case of any violation or threatened violation of any of the provisions of this local law, in addition to other remedies herein provided, the Village Board may institute any appropriate action or proceeding to prevent unlawful construction, structural alteration, repair, reconstruction, moving and/or use, to restrain, correct or abate such violation to prevent the use of the individual sewage disposal system or to prevent any illegal act, conduct, business or use regarding such disposal system.

SECTION 6.020 MISREPRESENTATION

Any permit or approval granted under this local law which is based upon or is granted in reliance upon any material misrepresentation, or failure to make a material fact or circumstance known, by or on behalf of an applicant, shall be void. This section shall not be construed to affect the remedies available to the Village Board under Sections 6.010 and 6.020 of this local law.

ARTICLE VII

MISCELLANEOUS PROVISIONS

SECTION 7.010 INTERPRETATION

Where the conditions imposed by any provision of this Local Law are less restrictive than comparable conditions imposed by any other provisions of this local law, or of any other statute, ordinance, local law, order, rule, regulation, the provisions which are more restrictive shall govern.

SECTION 7.020 SEVERABILITY

The provisions of this local law are severable. If any article, section, subsection or provision shall be invalid, such invalidity shall apply only to the article, section, subsection or provisions adjudged invalid, and the rest of this local law shall remain valid and effective.

SECTION 7.030 SAVINGS CLAUSE

The adoption of this local law shall not affect or impair any act done, offense committed or right accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the time this local law takes effect.

This local law shall take effect and be in force ten (10) days after its passage, publication and filing as prescribed by Section 308 of the Public Health Law.

HIGH GROUNDWATER DETERMINATION

Subsurface conditions may be determined by digging a hole 5 feet deeper than the anticipated depth of the proposed leaching facility.

The determination of the seasonal high groundwater level shall be made during the months of March, April, May or June, within six weeks of the time that the frost leaves the ground; such determination may be made by monitoring the water level in the open soil test pit as described above, for a period of not less than twenty-four hours and recording the highest level observed. If such determination is made at other than such times, the seasonal high groundwater shall be evaluated and certified by a qualified person approved by the (Town or Village Board).

SOIL PERCOLATION TEST

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All tests shall be made within the area of the proposed sewage disposal system. At least one soil percolation test shall be made in the area proposed for each sewage disposal system. More tests may be required.

The procedure noted below shall be followed in performing a soil percolation test:

1. Dig a hole approximately 12 inches in diameter with vertical sides. If a tile trench field is being considered, the bottom of the percolation test hole shall be six (6) inches below the anticipated trench bottom. If a seepage pit is under consideration, percolation tests shall be run at 1/2 depth and at the full estimated depth of the seepage pit. In order to facilitate the running of the test, a larger excavation shall be made for the upper portion of the hole with the actual test hole in the bottom.

2. Fill the test hole with water and allow it to completely seep away. For all soils excepting clean sands and gravels this must be done at least four hours but not more than 24 hours before the test and again at the time of the test. For clean sands and gravels, pre-soaking must be done at the time of the test. After the water has seeped away, remove any loose soil that has fallen from the sides of the hole. Place a one (1) inch layer of small stones in the bottom of the test hole to reduce scouring and silting action.

3. Pour clean water into the hold, with as little splashing as possible, to a depth of six inches above the bottom of the hole.

4. Observe and record the time in minutes required for the water to drop one inch as measured from a fixed reference point.

5. Repeat steps (3) and (4) of the test, a minimum of three times, until the time for the water to drop one inch for two successive tests gives approximately equal results. The last test will then be taken as the stabilized rate of percolation and the time recorded for this test will be the design basis for determining the square footage of leaching or absorptive area required for a subsurface absorption system. For example, assume the following rates were obtained in running a test (see 4 above):

Run Number Time - Minutes1 142 203 244 275 306 30

The stabilized rate of percolation would then be taken as 30 minutes per inch.

**Sample Sewage Disposal System Building Permit Application on next page**

SAMPLE SEWAGE DISPOSAL SYSTEM BUILDING PERMIT APPLICATION

APPLICANT _____________________________________________________________

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ADDRESS _______________________________________________________________

_______________________________________________________________

PHONE _________________________________________________________________

Type of Use __________________________________ New System _________________________(Residence, multi-family dwelling, commercial, etc. ) Alteration/Repair _____________________

Water Supply - Type and Location _____________________________________________________

Estimated Sewage Flow ________________________ gal/day

Percolation Test Results ______________________ minutes Test 1

______________________ minutes Test 2

Depth to Groundwater _________________________ ft. Date observed _______________________

Depth to Bedrock ____________________________ ft.

Type of System : Capacity Dimensions

__________ Septic Tank with leach field _______ _________

__________ Septic Tank with seepage pit _______ _________

__________ Sanitary Privy _______

__________ Fill System _______ _________

__________ Holding Tank _______

__________ Alternative System

*Sketch the proposed location of the sewage treatment system showing, where appropriate, potable water supply and all water lines, building sewer, septic tank, distribution box, tile field or seepage pit and other devices and facilities comprising the septic system. Give dimensions, if known, of all devices including capacities of all components of sewage system and approximate separation distances for each.

Provide distance of leaching devices and facilities from all lot lines and water supply lines.

Describe surface drainage, soil composition, location of all buildings and approximate distances of proposed sewage disposal system from all like facilities and water supply systems on adjoining properties. Construction details and specifications should be included where topography, soil conditions or presence of high groundwater or bedrock require other than conventional installation of the disposal system.

* Sketch of Proposed Sewage Disposal System; Please attach on 8 1/2 by 11 sheet.

GUIDELINES FOR OPERATION AND MAINTENANCE

The contents of the septic tank should be pumped every 2-3 years or when the total depth of sludge and scum exceeds one-third of the liquid depth of the tank.. If the tank is not cleaned periodically, the solids are carried into the disposal field; rapid clogging

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occurs; premature failure follows and finally, the disposal field must be replaced. Pumping your septic tank is less expensive than replacing your disposal field.

* Detergents, kitchen wastes, laundry wastes, and household chemicals in normal amounts do not affect the proper operation of household sewage disposal systems. However, excessive quantities can be harmful.

* Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins, plastics, trash, etc., into your household sewage system. These items are not readily decomposed.

* Septic tank additives are not recommended. Additives are unnecessary to the proper operation of household systems and may cause the sludge and scum in the septic tank to be discharged into the disposal field, resulting in premature failure.

* Garbage grinders substantially increase the accumulation of solids in the septic tank, as well as the solids entering the disposal fields and pits. Their disadvantages outweigh the convenience they provide and are not recommended for households with their own sewage disposal systems. If used, the septic tank size and disposal field should be increased.

* Connecting laundry wastes to a separate waste system (dry well or seepage pit), while not normally necessary, will reduce the load on the regular system and permit the survival of a marginal system.

* All roof, cellar and footing drainage, and surface water must be excluded from the system. This drainage water can be discharged to

the ground surface without

treatment; make sure it drains away from your sewage disposal system.

* Roof down spouts should not drain toward the disposal field.

* Roots from trees in the immediate area of the absorption lines may clog the system.

* Keep swimming pools (above or in-ground) away from the disposal field.

* Never permit heavy equipment to pass over the disposal field.

* Conserve water usage; this can prolong the life of your sewage disposal system. Check defective toilet tank valves, repair leaky fixtures, install appliances and fixtures which use less water, and avoid wasteful practices.

* A sewage disposal system is normally designed to accommodate two persons per bedroom. If the household is larger than this, or if additional bedrooms are added, enlarge the system.

* If surface water from higher ground is running onto the disposal field, install a ditch or berm to intercept this surface water.

Eric N. Johnson, R. SDirector or Public Health

607 - 335-4636

Department of Public HealthChenango County Office BuildingNorwich, New York 13815-1676

Doreen Laing, PHN

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Dear Mrs. Davisson:

Please find enclosed a model sewage ordinance for the board's consideration. We recommend this model, which has been prepared by the county Planning Department, with the following noted:

1. The model calls for sewage system design specifications to be based on the Waste Treatment Handbook -Individual Household Systems, New York State Department of Health.(1ONYCRR Appendix 75-A) - commonly referred to as the "blue book." The blue book, however, is being rewritten by the state and copies of the original are in short supply. The completion date for the rewritten version is unknown. One benefit of adopting the "blue book" for design specifications in an ordinance is that as the "blue book" is updated, so automatically are the specifications in the ordinance. However, again, there will be a temporary shortage of the "blue book" manuals.

2; In Section 3.020 (c) of the model ordinance the minimum lot size for individual sewage systems in areas not served by public water is given as 20,000 square feet. We would greatly prefer a 30,000 square foot minimum lot size to allow for any future additions and/or repairs to the sewage disposal system.

Mrs. Diann DavissonModel Sewage Ordinance

After review of other older models, we felt we could not recommend them due to their containing specifications not in conformity with current state standards.

If we can be of any further assistance, please feel free to contact us.

Enc. Brian J. Mohin

Public Health Sanitarian

CHAPTER 70SEWAGE DISPOSAL

§ 70-1. Discharge into water prohibited.§ 70-2. Violations to be remedied.§ 70-3. Penalties for offenses.


GENERAL REFERENCES Sewage disposal in watercourses - See Ch. 90, Art. I.

§ 70-1. Discharge into water prohibited.

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No person, corporation or municipality, shop, business or other organization shall place or cause to be placed or discharge or cause to be discharged into any of the waters, streams or rivers, in and adjoining the Village of New Berlin, any sewage, garbage, offal or any decomposable or putrescible matter of any kind or the effluent refuse or waste matter, either solid or liquid, from any sewer or drainage system or from any shop, factory, mill or industrial establishment.

§ 70-2 Violations to be remedied.

Those persons presently in violation of this chapter must and shall be required by this chapter to install septic tank systems to accommodate the waste matter presently discharged in violation of this chapter. For the purposes of this section, the present violators shall be allowed a period of six (6) months from the effective date of this chapter to cease and desist from such violation and to install the suitable septic tank facilities for the accommodation of such waste.



CHAPTER ________SITE PLAN REVIEW LAW

ARTICLE I - Introductory Provisions§ 1.010 Enactment§ 1.020 Short Title§ 1.030 Intent and Purpose§ 1.040 Authorization of Planning Board to Review Site Plan

ARTICLE II - Application and Definitions§ 2.010 Applicability of Review Requirements§ 2.020 Effect on Existing Uses§ 2.030 Relationship of this Law to Other Laws and Regulations§ 2.040 Definitions

ARTICLE III - Site Plan Review§ 3.010 Procedures - Generally§ 3.020 Sketch Plan§ 3.030 Application Requirements§ 3.040 Required Fee§ 3.050 Reimbursable Costs

ARTICLE IV - Review Standards§ 4.010 General Standards and Considerations§ 4.020 Specific Standards and Considerations§ 4.030 Shoreline Standards and Considerations

ARTICLE V - Public Hearing and Decision§ 5.010 Public Hearing§ 5.020 Planning Board Decision

ARTICLE VI - Appeal of Planning Board Decision§ 6.010 Appeal Procedure

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ARTICLE VII - Miscellaneous Provisions§ 7.010 Enforcement Officer§ 7.020 Further Regulations by Planning Board§ 7.030 Amendments§ 7.040 Integration of Procedures§ 7.050 Enforcement§ 7.050 Enforcement§ 7.060 Severability

History: Enacted by the Village of New Berlin as Local Law No. 7 of 1990

ARTICLE I Introductory ProvisionsSection 1.010 - ENACTMENT The Village Board of the Village of New Berlin, New York, does hereby ordain and enact the Village of New Berlin site Plan Review Law pursuant to the authority and provisions of Section 10 of the Municipal Home Rule Law and Section 1-102 of the Village Law.

Section 1.020 - SHORT TITLE This local law shall be known as the “Village of New Berlin Site Plan Review Law.” The Village of New Berlin is hereinafter referred to as the “Village”.

Section 1.030 - INTENT AND PURPOSE Through Site Plan Review, it is the intent of this local law to promote the health, safety and general welfare of the village. A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the village and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the village and the general welfare of its inhabitants.

It is further in intent of this local law to ensure the optimum overall conservation, protection, preservation, development and use of the natural and manrelated resources of the village, by regulating land use activity within the village through review and approval of site plans. It is not the intent of this local law to prohibit, per se, any land use activity but to allow all land use activities which will meet the standards set forth in this local law.

Section 1.040 - AUTHORIZATION OF PLANNING BOARD TO REVIEW SITE PLANS The Planning Board is hereby authorized to review and approve or disapprove site plans for land uses within the village as hereinafter designated pursuant to and in accordance with the standards and procedures set forth in this local law.

ARTICLE II Applicability and DefinitionsSection 2.010 - APPLICABILITY OF REVIEW REQUIREMENTS All new land use activities within the village shall require site plan review and approval before being undertaken, except the following:

1. Construction of one or two family dwelling and ordinary accessory structures, and related land use activities..

2. Landscaping or grading which is not intended to be used in connection with a land use reviewable under the provisions of this local law.

3. Ordinary repair or maintenance or interior alterations in existing structures or uses.4. Exterior alterations or additions to existing structures which would not increase the square footage of

the existing structure by more than 25%, and having a cost value of less than $5000.5. Non-structural agricultural or gardening uses not involving substantial timber cutting.6. Signs under 10 square feet.7. The sale of agricultural produce and temporary structures related to sale of agricultural produce.8. Garage, lawn and porch sales not exceeding three days. If such sales take place more often than three

(3) times in any calendar year, site plan approval will be required. Any person uncertain of the applicability of this local law to a given land use activity may apply in writing to the planning board for a written jurisdictional determination.

Section 2.020 - EFFECT ON EXISTING USES This law does not apply to uses and structures which are lawfully in existence as of the date this local law becomes effective. Any use which would otherwise be subject to this law, that has been discontinued for a period of two years or more shall be subject to review pursuant to the

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terms of this law before such use is resumed. Any use or structure shall be considered to be in existence provided the same has been substantially commenced as of the effective date of this local law and fully constructed and completed within one year from the effective date of this local law.

Section 2.030 - RELATIONSHIP OF THIS LAW TO OTHER LAWS AND REGULATIONS This local law in no way affects the provisions or requirements of any other federal, state or local law or regulations. Where this local law is in conflict with any other such law or regulation, the more restrictive shall apply.

Section 2.040 - DEFINITIONS “Family” means a person or persons related to each other by blood, marriage or adoption, (and/or not

more than three individuals not so related), living together as a single housekeeping unit.“Land Use Activity” means any construction or other activity which changes the use or appearance of

land or a structure or the intensity of use of land or a structure. “Land Use Activity” shall explicitly include, but not be limited to, the following: new structures, expansions to existing structures, new uses, changes in or expansions of existing uses, roads, driveways, and excavations for the purpose of extracting soil or mineral deposits.

“One Family Dwelling” means a complete self-contained residential unit for permanent habitation by one family only, and containing one or more rooms and facilities for living including cooking, sleeping, and sanitary needs.

“Shoreline” means the high water mark of any lake, pond, river, or permanent stream.

“Structure” means any object constructed, installed or placed on land to facilitate land use and development or subdivision of land, such as buildings, sheds, signs, tanks, and any fixtures, additions and alterations thereto.

“Structure, Accessory” means any structure designed to accommodate as accessory use but detached from the principal structure, such as, a free standing garage for vehicles accessory to the principal use, a storage shed, garden house or similar facility.

“Two Family Dwelling” means two complete, but separate, self-contained residential units each intended for permanent habitation by one family only in a single structure having a common wall roof, wall or ceiling and containing separate rooms and facilities for living including cooking, sleeping, and sanitary needs.

Any term used in this local law which is not defined hereinabove shall carry its customary meaning unless the context otherwise dictates.

ARTICLE III Site Plan ReviewSection 3.010 - PROCEDURES - GENERALLY Prior to undertaking any new land use activity except for a one or two family dwelling and other uses specifically excepted in Section 2.010 of this local law, a site plan approval by the planning board is required. Applicants for site plan approval should follow the recommended procedures related to the sketch plan conference as hereinafter set forth. Applicants must comply with all other procedures and requirements of this local law.

Section 3.020 - SKETCH PLAN A sketch plan conference shall be held between the planning board and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the planning board of his proposal prior to the preparation of a detailed site plan; and for the planning board to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant shall provide the following:

1. A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetations, and other planned features; anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations;

2. An areas map showing the parcel under consideration for site plan review, and all properties, subdivisions, streets, rights-of-way, easements and other pertinent features within 200 feet of the boundaries of the parcel; and

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3. A topographic or contour map of adequate scale and detail to show site topography.

Section 3.030 - APPLICATION REQUIREMENTS. An application for site plan approval shall be made in writing to the chairperson of the planning board and shall be accompanied by information contained on the following check list. Where the sketch plan conference was held, the accompanying information shall be drawn from the following check list as determined necessary by the planning board at said sketch plan conference.

Site plan checklist:1. Title of drawing, including name and address of applicant and person responsible for preparation of

such drawing;2. North arrow, scale and date:3. Boundaries of the property plotted to scale;4. Existing buildings;5. Grading and drainage plan, showing existing and proposed contours, rock outcrops, depth to bedrock,

soil characteristics, and watercourses;6. Location, design, type of construction, proposed use and exterior dimensions of all buildings;7. Location, design and type of construction of all parking and truck loading areas, showing access and

egress.8. Provision for pedestrian access;9. Location of outdoor storage, if any;

10. Location, design and construction materials of all existing or proposed site improvements including drains, culverts, retaining walls and fences; 11. Description of the method of sewage disposal and location, design and construction materials of such facilities; 12. Description of the method of securing public water and location, design and construction materials of such facilities; 13. Location of fire and other emergency zones, including the location of fire hydrants; 14. Location, design and construction materials of all energy distribution facilities, including electical, gas and solar energy.

15. Location, size and design and type of construction of all purposed signs; 16. Location and proposed development of all buffer areas, including existing vegetative cover; 17. Location and design of outdoor lighting facilities; 18. Identification of the location and amount of building area proposed for retail sales or similar commercial activity; 19. General landscaping and and planting schedule; 20. An estimated project construction schedule; 21. Record of application for and status of all necessary permits other governmental bodies; 22. Identification of any permits from other governmental bodies required for the project’s execution; and 23. Other elements integral to the proposed development as may be considered necessary in the particular case by the planning board.

Section 3.040 - REQUIRED FEE An application for site plan review shall be accompanied by a fee of $100.00 dollars.

Section 3.050 - REIMBURSABLE COSTS. Cost incurred by the planning board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan shall be charged to the applicant, not to exceed $1000.00.

ARTICLE IV Review Standards

Section 4.010 - GENERAL STANDARDS AND CONSIDERATIONS. The planning board’s review of the site plan shall include, as appropriate, but is not limited to, the following general considerations:

1. Location, arrangement, size, design and general site compatibility of buildings, lighting, and signs.2. Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road

widths, pavement surfaces, dividers and traffic controls.3. Location, arrangement, appearance and sufficiency of off-street parking and loading.

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4. Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.

5. Adequacy of storm water and drainage facilities.6. Adequacy of water supply and sewage disposal facilities.7. Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and or

noise buffer between the applicant’s and adjoining lands, including the maximum retention of existing vegetation.8. Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.9. Special attention to the adequacy and impact of structures, roadways and landscaping in areas with

susceptibility to ponding, flooding and/or erosion. 10. Overall impact on the neighborhood including compatibility of design considerations.

Section 4.020 - SPECIFIC STANDARDS AND CONSIDERATIONS. The following specific standards shall apply in conjunction with the subject uses or in the designated areas.

Section 4.021 - SHORELINE STANDARDS AND CONSIDERATIONS1. All construction on any shoreline lot shall be carried out in such manner as to minimize interference

with the natural course of such waterway, to avoid erosion of the shoreline, to minimize increased runoff of ground and surface water into the waterway, to remove only that vegetation which is necessary to the accomplishment of the project, and to generally maintain the existing aesthetic and ecological character of the shoreline.

2. No on-site sewage tile field or seepage pit shall be located within one hundred (100 ) feet of any shoreline and no septic or other holding tank shall be located within fifty (50) feet of any shoreline, as measured from the normal high water mark of the water body.

3. Any boat pump-out or other connection to provide for the accommodation of sanitary wastes shall be connected to an adequate sewage disposal system.

4. Any marina, boat service facility or any storage of petroleum products within one hundred (100) feet or reasonable setback as determined necessary by the planning board, of the shoreline shall include adequate provisions for insuring that any leak, rupture or spill will be contained and not be introduced into or affect the adjacent waterway. In particular, a raised earthen or paved berm or dike shall be constructed in such manner so as to afford adequate protection.

5. Any paved or otherwise improved parking, loading or service area within one hundred (100) feet of any shoreline shall be designed and constructed so as to minimize surface runoff and the entrance of any chemical pollutants or earthen siltation into the waterway.

ARTICLE V Public Hearing and Planning Board DecisionSection 5.010 - PUBLIC HEARING The planning board may conduct a public hearing on the site plan if considered desirable by a majority of its members. Such hearing shall be held within forty-five (45) days of the receipt of application for site plan review and shall be advertised in the Village’s official newspaper, or if there is none, in a newspaper of general circulation in the Village at least five (5) days before the public hearing.

Section 5.020 - PLANNING BOARD DECISION Within forty-five (45) days of receipt of the application for site plan approval or, if a public hearing is held within forty-five (45) days of said public hearing, the planning board shall render a decision. In its decision the planning board may approve, approve with modifications or disapprove the site plan. The time period in which the planning board must render its decision can be extended by mutual consent of the applicant and the planning board.

1. APPROVAL Upon approval of the site plan, and payment by the applicant of all fees and reimbursable costs due the Village, the planning board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the Village Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.

2. APPROVAL WITH MODIFICATIONS. The planning board may conditionally approve the final site plan. A copy of written statement containing the modifications required by the conditional approval will be mailed to the applicant by certified mail, return receipt requested. After adequate demonstration to the planning board that all conditions have been met, and payment by the applicant of all fees and reimbursable costs due the village, the planning board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the village Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.

3. DISAPPROVAL Upon disapproval of the site plan the decision of the planning board shall immediately be filed with the Village Clerk and a copy thereof mailed to the applicant by certified mail, return receipt requested, along with the planning board’s reasons for disapproval.

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ARTICLE VI Review

Section 6.010 - APPEAL AND JUDICIAL REVIEWA. Appeal - All appeals for relief from the application of these Regulations in matters of interpretation or

request for variance shall be directed to the Board of Appeals whose duties and procedure for consideration of appeal are as set forth in Appendix “A” which is hereby made a part of these Regulations. Where the board of Appeals finds that practical difficulty or unnecessary hardship may result from strict compliance with these Regulations, it may vary the Regulations so that substantial justice may be done and the public interest secured; provided that such variations will not have the effect of nullifying the intent and purpose of these Regulations or the Village Plan. In granting such variance, the Board of Appeals shall require such conditions as will, in its judgment, secure substantially the objective of the stands or requirement so varied.

1. In the event that an application for a variance shall be denied by the Enforcement Officer and said denial shall be sustained by the Board of Appeals, the applicant may petition the Village Board by petition signed by 51 percent (51%) of the resident of the district on which the variance is sought, stating that they have no objection to the use intended in said district. If the Village Board should be satisfied as to the validity of the petition, it must then grant a variance to the applicant.

B. Court Review - Any person or persons, jointly or severally aggrieved by any decision of the Planning Board, Board, Board of Appeals, Village Board or any department of the Village, concerning these Regulations, may have the decision reviewed in the manner provided by Article Seventy-Eight of the Civil Practice Law and Rules, provided the proceeding is commenced within thirty (30) days after the filing of the decision in the appropriate office of the Village. Costs shall not be allowed against the Village or its representative acted with gross negligence or in bad faith or with malice in making the decision appealed from.

ARTICLE VII Miscellaneous ProvisionsSection 7.010 - ENFORCEMENT OFFICER The Village Board shall appoint an enforcement officer to carry out the duties assigned by this local law or by any additional regulations adopted pursuant to section 7.020 hereof. If appointed, the enforcement officer shall be responsible for the overall inspection of site improvements including coordination with the planning board and other officials and agencies, as appropriate.

Section 7.020 - FURTHER REGULATIONS BY PLANNING BOARD. The planning Board may, after a public hearing, adopt such further rules and regulations as it deems reasonably necessary to carry out the provisions of this local law.

Section 7.030 - AMENDMENTS1. The Village Board may on its own motion, on petition, or on recommendation of the Planning Board,

after public notice and hearing, amend this local law pursuant to all applicable requirements of law.2. All proposed amendments originating by petition, or by motion of the Village Board, shall be referred

to the Planning Board for a report and recommendation thereon. The Planning Board shall submit its report within thirty (30) days after receiving such referral. Failure of the Planning Board to report within the required time shall be deemed to constitute a recommendation for approval of the proposed amendment.

Section 7.040 - INTEGRATION OF PROCEDURES. Whenever the circumstances of proposed development require compliance with this Site Plan Review Law and with any other local law, ordinance or requirement of the Village, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this local law with the procedural and submission requirements for such other compliance.

Section 7.050 - ENFORCEMENTAny person, corporation, partnership, association or other legal entity who shall violate any of the

provisions of this local law, or any conditions imposed by a permit pursuant thereto shall be guilty of an offense and subject to a fine of not more than two hundred fifty dollars ($250) or by penalty of two hundred fifty dollars ($250) to be recovered by the Village in a civil action. Every such person or entity shall be deemed guilty of a separate offense for each week such violation, disobedience, omission, neglect or refusal shall continue.

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Section 7.060 - SEVERABILITY The provisions of this local law are severable.. If any article, section, paragraph or provision of this local law shall be invalid, such invalidity shall apply only to the article, section, paragraph or provisions(s) adjudged invalid, and the rest of this local law shall remain valid and effective.

APPENDIX A - BOARD OF APPEALS

A Board of Appeals consisting of five (5) members shall be established by the Village Board to carry out the duties prescribed for such Board under these Regulations and according to the applicable provisions of law, the members of this Board shall be appointed by the Mayor subject to the approval of the Village Board. The terms of office shall be 3 years, excepting that the first appointments of members thereto shall be for terms so fixed that at least one will expire at the end of each official year commencing at the end of the current such year. No person who is a member of the Village Board of Trustees shall be eligible for membership on such Board of Appeals.

1. Powers and Duties.

A. The Board of Appeals shall prescribe such rules for the conduct of its affairs as may be necessary to carry out its duties under these Regulations and all its determinations shall be made in accord therewith. In particular, the Board shall conduct itself according to the following:

1. Meetings - All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as a majority of the members of the full Board may determine. All meetings of consideration of and preceding an official action of the Board shall be a public hearing, properly advertised as elsewhere required and open to the public. All meetings shall be conducted in accordance with the guidelines established by the Chairperson or, in his absence, the acting Chairperson, and such Chairperson may administer oaths and compel the attendance of witnesses.

2. Records - The board shall keep minutes of its proceedings, including its examinations, findings and official actions and shall record the vote of each member upon every question put to vote or, if absent or failing to vote, indicating such fact. All decisions of the Board shall be recorded in the minutes, which shall fully set forth the reasons for the decision of the Board and the findings of fact on which the decision was based, and upon the written notice of every official determination of the Board, shall be filed with the applicant, the Enforcement Officer, Village Clerk and the Planning Board and shall be a public record.

3. Voting Requirements - The concurring vote of a majority of the full membership of the Board of Appeals, shall be required to constitute an official action by the Board.

4. Eligible Applicant or Appealer - An application or appeal to the Board of Appeals may be initiated by any person or party aggrieved under or with a legitimate interest in these Regulations, including the village and its official instruments. An appeal for an interpretation or variance may be made only after a determination and notification of action taken by the Enforcement Officer, Planning Board or Village Board; or upon the initiative of the Enforcement Office, Planning Board or Village Board.

B. The Board of Appeals shall have all the powers and duties prescribed by law and by these Regulations and may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made and to that end shall have all the powers of the officer or body from whom the appeal is taken. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these Regulations, the Board of Appeals shall have the power in passing upon appeal, to vary or modify the application of any of the regulations or provisions of these regulations relating to the use, construction, location or installation of buildings and structures and the use of land, so that the spirit of the Regulations shall be observed, public safety and welfare secured and substantial justice done. In particular the powers of the Board of Appeals are as follows:

1. Interpretation - To decide any question involving interpretation or administration of any provision of these Regulations. Such interpretation shall be considered and rendered by the Board only upon application or appeal following and based upon a determination made by the Enforcement Officer, Planning Board or Village Board or initiated by them.

2. Variance - To vary or adapt the strict application of any of the requirements of these regulations where strict application would result in practical difficulty or unnecessary hardship that would deprive the owner

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of the reasonable use of the land or building involved, but in no other case. No Variance in the strict application of any provision of these Regulations shall be granted by the Board of Appeals unless stated.

a. That the special circumstances of conditions, fully described in the findings, applying to the land or building for which the Variance is sought, which circumstances or conditions were not created by action of the applicant.

b. That for reasons fully set forth in the findings the granting of the Variance is necessary for the reasonable use of the land or buildings, and that the Variance as granted by Board is the minimum Variance that will accomplish this purpose.

c. That the granting of the Variance will be in harmony with the general purpose and intent of the Village Plan, these Regulations and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

2. ProcedureA. The Board of Appeals shall act in strict accordance with the procedures specified by law and by these

Regulations and shall be in accord with the following:

1. Application - All appeals made to the board of Appeals shall be in writing and the form prescribed by the Board. Every appeal shall refer to the specific provisions of the Regulations involved and shall exactly set forth the Interpretation that is claimed, or the details of the Variance that is applied for and the grounds on which it is claimed that the Variance should be granted, as the case may be. Such appeal shall be taken within thirty (30) days of the date of notification of the determination which is being appealed by filing with the Board of Appeals an application specifying the grounds thereof. Upon such application, the Enforcement Officer shall transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.

2. Stay - An appeal stays all proceedings in furtherance of the action appealed from unless the Enforcement Officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal shall have been filed with him, that by reason of acts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application and notice to the Enforcement Officer from who the appeal was taken and on due cause shown.

3. Notification and Public Hearing - The Board of Appeals shall fix a reasonable time for the public hearing required for every appeal and shall give public notice thereof by publication in the official paper of a notice of such public hearing at least five (5) days prior to the date thereeof; and shall, at least five(5) days before such public hearing, mail notice thereof to the applicant.

4. Referrals - Prior to the date of the public hearing required by law on an application to the Board of Appeals, the Board shall transmit to Planning Board a copy of said application together with notice of the aforesaid public hearing and shall request that the Planning Board submit to the Board of Appeals its advisory opinion on said application; and the Planning Board shall submit a report of such advisory opinion prior to the date of said public hearing. In addition, where any appeal for Interpretation or Variance involves lands within five hundred (500) feet of an adjoining municipality, State or County property or right of way, the application or appeal shall be referred to the Chenango County Planning Board and acted upon in accord with the requirements of the applicable section of the General Municipal Law.

5. Decision and Notification - Within sixty-two (62) days from the date of the public hearing, the Board shall render a determination with respect to the subject consideration, and the applicant or his authorized agent so notified in writing within five (5) days of the date of determination. Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board on file in the office of the Village Clerk, together with all documents pertaining thereto. The Board of Appeals shall notify the Enforcement Officer, Village Clerk and the Planning Board of each interpretation rendered and each Variance authorized under the provisions of these Regulations.

APPENDIX B - REQUIRED SUBMISSIONS

The following shall be required except as they may be specifically waived by the Planning board or Enforcement Officer.

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1. Building/Use PermitA. Site Plan - Three (3) copies, to scale, to include: 1. Location map showing boundaries and dimensions of the parcel or tract of land,

contiguous properties, zoning districts and any easements or public rights-of-way. 2. Existing features of the site including existing buildings and water or sewer systems on or

immediately adjacent to the site, and surface drainage characteristics. 3. Proposed location and arrangement of buildings or installations on the site.

B. Accompanying Data - to include the following: 1. Name and address of applicant and any professional advisors. 2. Description of materials and method of installation for any equipment or installation

governed by these Regulations. 3. Results of any required on site investigation including percolation test, where

applicable.

2. Certificate of ComplianceA. Copy of application for Building/Use permit with any change made in the course of

construction noted thereon.B. Certification by the applicant that all improvements were carried out in accord with the

approved Building/Use Permit, and as it may have been modified.

Local Law No. 7 of 1990 of the Village of New Berlin was duly passed by the Board of Trustees on Nov. 12, 1990, in accordance with the applicable provisions of law.

The Village of New Berlin Local Law No. 7 of the year 1990 a local law Site Plan Review Law be it enacted by the Board of Trustees of the Village of New Berlin as follows:

CHAPTER 74SNOWMOBILES

§ 74-1. Prohibited hours of operation.§ 74-2. Operation on village property prohibited.§ 74-3. Posting of signs.§ 74-4. Use on village streets.§ 74-5. Restrictions on minors.§ 74-6. Sleighs or drawn vehicles crossing village streets.§ 74-7. Speed restrictions.§ 74-8. Registration required.§ 74-9. Muffler system required.§ 74-10. Operation while intoxicated or under the influence of drugs.§ 74-11. Use on private property.

§ 74-12. Persistent offenders.§ 74-13. Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of New Berlin 2-28-77 as L.L. No.9-1977. Amendments noted where applicable.]

GENERAL REFERENCES Vehicles and traffic generally - See Ch. 85.

§ 74-1. Prohibited hours of operation.

Snowmobiles will not be operated within the village Limits on:

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A. Friday and Saturday evenings, and evenings preceding legal holidays, after 2:00 a.m.

B. Sunday through Thursday after 11:00 p.m.

C. Any morning prior to 6:00 a.m.

§ 74-2. Operation on village property prohibited.

Snowmobiles will not be operated on any village-owned property arty, that is, parking lots, parks, sidewalks, cemeteries, etc.

§ 74-3. Posting of signs.

The local Snowmobile Club will be responsible for the posting of signs at all major village streets and at state highway crossings.

§ 74-4. Use on village streets.

All snowmobiles will travel with the flow of traffic on village streets only when the streets are designated as emergency routes by the village. It will be permissible to cross village streets to gain access to authorized trails.

§ 74-5. Restrictions on minors.

All minors under the age of ten (10) years are not permitted to ride on village streets or to cross village streets. Minors between the ages of ten (10) and sixteen (16) shall be able to cross village streets if they have passed the Snowmobile Safe Driving Course.

§ 74-6. Sleighs or drawn vehicles crossing village streets.

No sleigh or drawn vehicle shall be drawn across a village street or state highway with a passenger. Passengers must disembark before crossing.

§ 74-7. Speed restrictions.

All snowmobiles will be operated at a reasonable and prudent speed at all times within the village limits.

§ 74-8. Registration required.

All snowmobiles must be registered with the State Conservation Department, and operators must be able to show proof of financial security.

§ 74.9. Muffler system required.

All snowmobiles must have an adequate muffler system in good working condition.

§ 74-10. Operation while intoxicated or under the influence of drugs.

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Any person arrested and convicted of operating a snowmobile while intoxicated or under the influence of drugs may be permanently banned from operating a snowmobile within the village limits.

§ 74-11. Use on private property.

General courtesy shall be given to all property owners. Permission should be obtained from the property owner before crossing property.

§ 74-12. Persistent offenders.

All persistent violators of this chapter shall lose the privilege of operating a snowmobile within the village limits.



CHAPTER 63

SOLICITING, VENDING, HAWKING AND PEDDLING

§63-1 Hawking, Vending, Peddling and Soliciting§63-2 Suspension and Revocation of License§63-3 Penalties for offenses


§63-1 Hawking, Vending, Peddling and Soliciting

A. All hawkers, vendors, peddlers and persons soliciting orders or offering for sale goods, wares, merchandise or other commodities in the streets or public places, or by going from house to house, must, before engaging in such activity within the Village, acquire a license therefor from the Village Clerk. At the time of application, before permit is issued, the application will be received by the local police department. Permit will then be issued after a 5 day waiting period. The clerk may require payment of a license fee as a condition of issuing such license and may by regulation, establish a schedule of such license and may by regulation, establish a schedule of such fees according to the nature and extent of the activity contemplated; no such license fee shall exceed one hundred dollars ($100.00) annually. The foregoing provision shall not apply to farmers selling their own produce, nor to any 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, nor to the holder of a license granted pursuant to Section 32 of the General Business Law.

B. It shall be unlawful for any person to enter upon private property for the purpose of peddling or soliciting before the hour of 9:00 a.m of any day, or after one-half hour before sunset of any day, except upon the invitation of the house holder or occupant.

C. It shall be unlawful for any peddler or solicitor in plying his trade to ring the bell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing

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any or all of the following words: “No Peddlers”, “No Solicitors”, “No Agents”; or other wording the purpose of which purports to prohibit peddling or soliciting on the premises.

D. It shall be unlawful for any person to distribute or peddle hand bills, pamphlets, tracts or other like matter in the streets or by going from house to house without first obtaining a permit issued by the Village Clerk.

E. No peddler or solicitor shall peddle, vend or sell his goods or wares within 200 feet of any church or place of worship or any place occupied exclusively as a public or private school or for school purposes, nor shall he permit his cart, wagon or vehicle to stand on any public street or highway within said distance of such school property.

F. It shall be unlawful for any peddler or solicitor plying his trade to use any bells, chimes, records, horns or other sound-producing devices for the purpose of attracting customers before the hour of (9:00 a.m.) or after the hour of (8:30 p.m) of any day.

63-2 Suspension and Revocation of License

Any and all licenses which may be granted by the Village Clerk, pursuant to Section 63-1 may, for cause, be suspended by the Mayor until the next regular meeting of the Board, and may be revoked by the Board after notice and hearing for any of the following causes:

A. Fraud, misrepresentation or false statement contained in the application for license.B. Fraud, misrepresentation or false statement made in the course of carrying on the licensed business.C. Any violation of any provision of Section 63-1D. Conviction of any crime or misdemeanor involving moral turpitude.

E. Conducting the licensed business in a unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.


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 two hundred fifty dollars($250.00) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

Local Law No. 1 of 1995 of the Village of New Berlin was duly passed by the Village Board of Trustees on July 10, 1995, in accordance with the applicable provisions of law.

Chapter 76

STREETS AND SIDEWALKS

ARTICLE IStreet and Sidewalk Obstructions

§ 76-1. Depositing goods in streets restricted.

§ 76-2. Permanent openings into streets.

§ 76-3. Sight distances at intersections.ARTICLE II

Snow and Ice Removal

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§ 76-4. Removal by owner or occupant.

§ 76-5. Removal by village upon noncompliance.

ARTICLE IIIMarking Pavement and Sidewalks

§76-6. Marking pavement and sidewalks prohibited.

ARTICLE IVConstruction and Repair of Sidewalks

§ 76-7. Construction and repair authorized; apportionment of costs.

§ 76-8. Construction specifications and notice.

ARTICLE VPenalties


[HISTORY: Adopted by the Board of Trustees of the Village of New Berlin 2-28-77 as L.L. No. 19-1977. Amendments noted where applicable.]

GENERAL REFERENCES

Littering - See Ch. 55.Maintenance of streets and sidewalks. by owners- See Ch. 65.Maintenance of trees. lining streets by owners- See Ch. 82.

ARTICLE IStreet and Sidewalk Obstructions

§ 76-1. Depositing goods in streets restricted.

No person shall place or deposit or cause, allow or abet the placing or depositing of, upon any sidewalk, street, highway, municipal parking lot or other public place within the Village of New Berlin, any boxes, goods, wares, merchandise or building materials, except for the purpose of loading or unloading the same for immediate transfer to an adjacent vehicle or premises. In no case shall the person placing or depositing, or causing, allowing or abetting the placing or depositing, allow the boxes, goods, wares, merchandise or building materials to remain upon the sidewalk, street, highway, municipal parking lot or other public place for more than fifteen (15) minutes.

§ 76-2. Permanent openings into streets.

No cellarway, shaftway, manhole or other opening of a permanent nature may be made into any street or sidewalk of the Village of New Berlin without the written permission of the Board

of Trustees. Written application shall be made to said Board of Trustees at least thirty (30) days before such opening is to be made. The opening shall be adequately guarded and barricaded during construction work and shall be covered flush with the surface of the street or sidewalk with a cover adequate to bear the weights of persons or vehicles authorized to use such street or sidewalk. The Board of Trustees may impose any other requirements upon applicants which it deems necessary to protect the public health and safety and may charge such permit fees as are necessary to cover any engineering inspections or analyses which said Board of Trustees

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deems necessary to ensure safe installations. Existing openings shall be made to conform to the requirements of this section within ninety (90) days after the adoption of this chapter.

§ 76-3. Sight distances at intersections.

No tree, bush, fence, wall or other structure located on any land at or near any intersection of any street or highway shall be allowed by the owner or owners thereof to remain if it obstructs or interferes with the view of either intersecting street or highway by drivers of vehicles, on either street or highway, at a point more than two

and one-half (2 1/2

) feet and less than seven (7) feet above the highway level and within twenty (20) feet of the curbline at the intersection of the two (2) streets or highways, but this prohibition shall not apply to buildings erected before the effective date of this chapter or so long as there is on file with the Village Clerk a certificate, signed by the Mayor or other person so authorized by the Board of Trustees, stating that the erection or maintenance of the tree, bush, shrub, fence, wall or other structure does not constitute a traffic hazard. Nothing herein shall prevent the withdrawal by the Board of Trustees of a certificate previously filed with the Village Clerk.

ARTICLE IISnow and Ice Removal

§ 76.4. Removal by owner or occupant.

A.It shall be the duty of every owner or occupant of any premises fronting on any public street to remove all snowand ice which may have fallen upon the sidewalk in front of said premises, within twelve (12) hours of the time such snow or ice accumulated. In case said sidewalk is not paved its full width, it shall be necessary to remove such snow or ice only from a space three (3) feet in width.

B. In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed without material difficulty or injury to the pavement, the owner, lessee, tenant, occupant or other person having charge of any building or lot of ground as aforesaid shall, within the time specified in the preceding subsection, cause the sidewalk abutting on the said premises to be strewn with ashes, sand, sawdust or other suitable materials and shall, as soon thereafter as the weather permits, thoroughly clean said sidewalk.

§ 76-5. Removal by village upon noncompliance.

Upon the neglect or refusal of any owner or occupant to comply with the provisions of § 76-4, it shall be the duty of the Village Superintendent to see that the provisions of said section are enforced, and, in all cases of their violation, he shall employ men to clean such walks at a rate not exceeding the prevailing rate of wages for such work. Said Village Superintendent shall cause to be kept an account of all such work and, on or before the first day of April in each year, the Superintendent shall report to the Board of Trustees all parcels of land in front of which such work shall have been performed and the owners and occupants of which shall not have paid to the village the amount of expense incurred in cleaning the sidewalks in front of their premises or in removing snow and ice therefrom, and the Board of Trustees shall thereupon order assessments upon such lands for the several sums so reported.

ARTICLE IIIMarking Pavement and Sidewalks

§ 76-6.. Marking pavement and sidewalks prohibited.

No person shall place any word, letter, figure or drawing or any mark with paint, chalk or any similar substance on any pavement, curb or sidewalk on any public street in the village. This section shall not apply to words, letters or marks placed on the pavements, curbs or sidewalks by employees of the village, for the purpose of directing traffic or regulating the parking of automobiles or otherwise assisting the enforcement of village laws and ordinances.

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ARTICLE IVConstruction and Repair of Sidewalks

§ 76-7. Construction and repair authorized; apportionment of costs.

The village shall construct and repair such sidewalks as may be deemed necessary by the Village Superintendent, and one-fourth (1/4) of the cost thereof shall be assessed to the abutting-property owner pursuant to § 4-412 of the Village Law; provided, however that the cost charged to the property owner shall be based on maximum sidewalk width of four (4) feet, regardless of the actual width of the sidewalk constructed or repaired.

§ 76-8. Construction specifications and notice.

New sidewalks shall be constructed according to the following specifications.

A. All sidewalks shall not be less than four (4) feet in width, except that repairs or replacements may conform to the width of the existing sidewalks.

B. All sidewalks shall be not less than four (4) inches thick, except that where such sidewalks are crossed by driveways, said sidewalks shall be not less than six (6) inches thick through the width of such driveways

C. The grade and location of any sidewalk shall he determined by the Village Superintendent.

D. Notice of the work to be done, twenty-four (24) hours in advance thereof, and also upon the completion of the new sidewalks, must be submitted to the Village Superindentent who may then inspect the completed work, which shall comply with all the specifications herein. The Superintendent must be

given an opportunity to inspect during the progress of the work.

ARTICLE V

Penalties


Any person committing an offense against any provisions 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 two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

CHAPTER 79TAXATION

ARTICLE ISenior Citizens' Tax Exemption


§ 79-2. Exemption established.

§ 79-3. Requirements for eligibility.

§ 79-4. Application for exemption.

§ 79-5. Distribution of application forms.

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§ 79-6. Amount of exemption.

§ 79-7. Burden of proof.

§ 79-8 Penalties for offenses.

(HISTORY: Adopted by the Board of Trustees of the Village of New Berlin: Art. I, 2-28-77 as L.L. No. 10-1977. Amendments noted where applicable.]

ARTICLE ISenior Citizens' Tax Exemption

(Adopted 2-28-77 as L.L. No.11-1977]


The Board of Trustees of the Village of New Berlin, ever mindful of its responsibilities and obligations to provide for the welfare and financial independence of the senior citizens of this community, intends, by the enactment of this Article, to provide for the protection of the elderly, low-income home owner from the increased cost of living. It is the intention of the Village Board of Trustees of the Village of New Berlin to provide tax exemptions of real property to certain of our qualifying senior citizens, so as to better enable them to enjoy their retirement.

§ 79-2. Exemption established.All real property in the Village of New Berlin owned by one (1) or more persons, each of whom is sixty-five

(65) years of age or over, or real property owned by husband and wife, one of whom is sixty-five (65) years of age or over, shall be exempt to the extent of fifty percent (50%) of the assessed value as shown on the assessment roll, provided that the requirements set forth in § 79-3 below are complied with.

§ 79-3. Requirements for eligibility.

In order to qualify for an exemption, the following requirements must be met:

A. Each of the owners of the real property must be sixty-five (65) years of age or over, except that where real property is owned by husband and wife, either the husband or the wife must be sixty-five (65) years of age or over, on the date the application is filed.

B. Title to the property shall have been vested in the owners of the property for at least twenty-four (24) consecutive months prior to the date of application.

C. The property must be used exclusively for residential purposes and be occupied, in whole or in part, by the owner or owners and be their legal residence.

D. The combined income of all of the owners of the property must have been four thousand five hundred dollars ~ or less during the twelve (12) consecutive months immediately preceding the date of making the application for exemption. Where title to the property is vested in either a husband or wife, the combined income of the husband and wife may not exceed four thousand five hundred dollars ($4,50Q.). The term ' income" includes all social security and retirement payments, interest, dividends, net rental income, salaries or other earnings, including net income for self-employment. "Income" does not include gifts or inheritances.

§ 79-4. Application for exemption.

Application for such exemption must be made by the owner or all of the owners of the property, on forms prescribed by the state board to be furnished by the appropriate assessing authority, and shall furnish the

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information and be executed in the manner required or prescribed in such forms and shall be filed in such Assessor's office on or before the appropriate taxable status date

§ 79-5. Distribution of application forms.

At least sixty (60) days prior to the appropriate taxable statue.' date, the assessing authority shall mail to each person who was.' granted exemption pursuant to this Article, on the latest completed pelted assessment roll, an application form and a notice that such application must be filed on or before the taxable status date and be approved in order for the exemption to be granted. Failure to mail any such application form and notice or the failure of such person to receive the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person.

§ 79-6. Amount of exemption.

Upon the determination by the Assessor that the requirement of this Article have been met, the exemption shall be allowed in the amount of fifty percent (50%) of the assessed value of the property which so qualifies. The exemption does not apply :special ad valorem levies or special assessments.

§ 79-7. Burden of proof.

The burden of proof is upon the applicant to show eligibility pursuant to this Article.


Any conviction of having made any willfully false statement in the application for exemption under this Article shall be punishable by a fine of not more than one hundred dollars ($100.) and shall disqualify the applicant or applicants from further exemption for a period of five (5) years.

CHAPTER _____[ TAX ASSESSMENT ABOLITION]

Section 1. Legislative intent. The intent of the Board of Trustees of the Village of New Berlin is to implement section 1402(3) of the Real Property Tax Law providing for the voluntary termination of the Village’s status as an assessing unit, as now provided in the Village Law and the Real Property Tax Law. It is also the intent of this local law to abolish the position of Assessor (or Board of Assessors) and to terminate any and all responsibility as provided by law for the review of the assessments of real property located within the Village of New Berlin.

Section 2. On or after the effective date of this local law, the Village of New Berlin shall cease to be an assessing unit.

Section 3. The position of Assessor in the Village of New Berlin is hereby abolished.

Section 4. The Board of Assessment Review in the Village of New Berlin is hereby abolished.

Section 5. On or after the effective date of this local law, taxes in the Village of New Berlin shall be levied on a copy of the applicable part of the assessment roll of the Town of New Berlin with the taxable status date of such Town controlling for village purposes.

Section 6. Within five days of the effective date of this local law, the Board of Trustees of the Village of New Berlin shall file a copy of such local law with the Clerk and Assessor of the Town of New Berlin and with the State Board Of Equalization and Assessment.

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Section 7. This local law shall take effect immediately upon filing with the Secretary of State, provided, however, that:such local law is subject to a permissive referendum and the village clerk shall forthwith proceed to notice such fact and conduct such referendum if required by petition.

December 13, 1985

Village Option to Terminate Assessing Unit Status(Chapter 735 of the Laws of 1983, as amended by

Chapter 280 of the Laws of 1985)

Law

Chapter 735 of the Laws of 1983 (effective July 27, 1983) made significant changes to the sections of the Real Property Tax Law (RPTL) and the Village Law which govern the preparation of village assessment rolls. Of key importance is subdivision 3 of section 1402 of the RPTL which authorizes villages to enact a local law, subject to permissive referendum, to provide that the village will cease to be an assessing unit.

As amended, section 1402 of the RPTL now provides a village with three assessing options: (1) a village may prepare a roll with assessed values determined by its own assessor and provide for administrative and judicial review of these values; (2) a village may use the town or county roll as the basis of village assessments, adjust the values as necessary, and provide for administrative and judicial review; (3) a village may cease to be an assessing unit and opt to levy its tax on a portion of the town or county roll prepared for it and provide for no separate administrative or judicial review of assessments. Under this last option the village becomes analagous to school districts which use county, city, or town prepared assessment rolls without any responsibility for their preparation, maintenance, or defense.

History

Prior to the enactment of Chapter 735, all villages were included within the definition of “assessing unit” (RPTL, section 102(1)) and were required to perform all the requisite steps in the assessment process (i.e., determine taxable status of village real property, determine tentative assessed values, provide for administrative review of assessments, file a final assessment roll, correct administrative errors on assessment rolls, defend judicially challenged assessments). Villages have long had the option of using the town or county assessment roll "as the basis for the [village] assessment so far as practicable" (RPTL, section 1402(2)), but even where this option is exercised, the village remained anassessing unit with the concomitant assessment responsibilities*. For example, separate valuation and exemption determinations are necessitated by the differing town and village taxable status dates. Also, the assessments are subject to administrative and judicial review (including small claims assessment review) and must be defended by the village whether prepared by the village or another unit of government.

Whether a village has opted to use the town or county assessment roll as a basis for village assessments or has prepared its own roll villages have been specifically excluded from State programs regarding improved assessment procedure (e.g., villages are not subject to the provisions of the so-called Assessment Improvement Law of 1970 (L.1970, c.957, see, RPTL, sections 1520, 1562) and are not eligible for State assistance for improved real property tax administration (RPTL, section 1574)). In part, these exclusions may be explained by the conscious choice of villages in 1970, by the State's recognition of the duplicative nature of village assessments, and by the State's limited resources. (That Is, State aid for improved assessment administration might otherwise be paid twice for the same parcel.) The

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exclusion of villages from State programs may also be explained, in part, by the relatively small population of many villages. (For example, some villages would find it difficult, if not impossible, to staff an independent board of assessment review as is required in towns and cities (see, RPTL, section 523) but only optional in villages (L.1982,c.579).) The most recent State effort for improved assessing, through assessor training (L.1982, c.33), is again only optional for villages (L.1984, c.839).

Required Village Action

To exercise the option to terminate its assessing unit status, a village must pass a local law, subject to a permissive referendum.** If a village enacts such a local law, and it receives voter approval if a referendum is held, It will thereafter levy village taxes on a copy of the appropriate portion of the town (or towns, if the village is located in more than one town) assessment roll(s) or county assessment roll (if the village is located in a county having the power to assess real property (i.e., Nassau or Tompkins)). The local law will be effective for all village taxes thereafter levied; unless the local law is subsequently rescinded. However, if a village's local law initially takes effect___________________________

*prior to the enactment of Chapter 735, RPTL section 1803(4) provided that villages in Nassau County could adopt a local law requiring village taxes to be levied on the County assessment roll. The law now provides that where the option is chosen, the procedure for exercising the option is that in section 1402(3).

**Should a special charter village wish to elect the option in section 1402(3), its local law must also amend any assessment provisions in the charter to make the charter consistent with the village's option to terminate its assessment function.

-3-between village taxable status date and the corresponding village tax levy, the village will not cease to be an assessing unit until the following year.

A copy of any local law enacted must be filed with the Secretary of State, the State Board of Equalization and Assessment,* the county or town clerk, and the county or town assessor.

County/Town Role

Once a local law is effective, the town or county assessor must thereafter prepare and deliver to the village a copy of the appropriate part of the town or county assessment roll. This roll is to conform in all respects to the corresponding part of the town or county roll, and the town or county's taxable status date will also govern for village purposes. As noted below, the town or county assessor must make necessary changes for village purposes for exemptions granted at village option where these options differ from the town or county (e.g., different aged exemption income limit). The town or county assessor would be responsible for appor-tioning special franchise assessments and railroad ceiling properties on the town or county assessment roll used for village tax purposes. Also the town or county assessor would apportion village tax liens. The new law provides that the town or county may charge the village for the cost of preparing and furnishing a duplicate copy of the village portion of the town or county assessment roll.

Where a village terminates its assessing unit status, the county real property tax director has the responsibility of investigating and reporting on administratively correctable errors on village tax rolls. The village board will continue to refund village taxes based on errors found.

State Board Role

The State Board of Equalization and Assessment will continue to establish equalization rates for villages, but the town or county equalization rate Is deemed the village rate.**

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Village equalization rates remain essential for state aid determinations and tax and debt limit calculations.

Special franchise assessments, railroad ceilings, and state owned land assessments for villages electing the option would be supplied directly to the county or town assessor who prepares the village roll.

*A copy of a model local law which may be used by villages is attached.

**A special rate may be determined where the town rate is inequitable as to the non-assessing unit village (RPTL, section 1226(3)).

-4-Exceptions

Villages located in two or more towns having different taxable status dates (e.g., Village of Gowanda) are not eligible to cease to be an assessing unit. Also a coterminous town/village is not subject to the new law. However, of the five coterminous town/villages, all but the Town/Village of Mount Kisco utilize the same town/village assessment roll (Village Law, section 17-1722-a).

Split Villages

More than 70 villages are in two or more towns. Where such a village elects the non-assessing unit option, the village would utilize county or town assessment rolls in the same manner that school districts now do in determining their tax apportionment’s and tax levy. The town equalization rates would be applied to the village assessed value portions of each town roll to obtain the full value of each portion of the village. The full values would then be utilized to apportion the tax levy among the portions of the village. As with school districts, different tax rates would result.

Effect on a Village

With the termination of assessing unit status, a village is no longer responsible for defending assessments. The village is not required to have a board of assessment review and is not subject to small claims court and certiorari actions brought against a county or town assessment. The village would get notice of such proceedings (RPTL, section 708(3), 730(9)).

A non-assessing unit village maintains its current exemption options (see, 8 Op. Counsel SBEA No. 16). The county or town assessor would reduce the total assessed value to taxable assessed value in line with established village exemption policies.

The village would continue to collect taxes and enforce the collection of delinquent taxes. However, the optional provision for collection of delinquent village taxes by the county, as authorized by Rpm, section 1441, remains in effect.

Fiscal Year Option

Since most villages have a fiscal year commencing on June 1 (Village Law, section 5-500(4), in general, if a village were to timely elect the option provided in this law for purposes of its 1987-88 tax levy, those taxes would be levied against a part of the town assessment roll based on a March 1, 1986 taxable status date. New construction and demolitions occurring after March 1, 1986 would therefore not appear on the 1987-88 village tax roll. To change this result, which may be deemed a problem by some villages, section 5-510 of the Village Law was amended to permit a village, that has opted to cease to be an assessing unit, to change its fiscal year to conform to that of the appropriate town(s) or county, thereby resulting in a village roll

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more contemporaneous with that of the town/county. The dates for collection of the village tax would then change in a corresponding manner.

Further Questions

Questions concerning the new law may be directed to Stephen J. Harrison of the Bureau of Legal Services at this address or (518) 474-8821.

Model Local Law

A local law relating to the termination Of a village's status as an for village real property tax purposes.

Section 1. Legislative intent. The intent of the Board of Trustees of the Village of _______ is to Implement section 1402(3) of the Real Property Tax Law providing for the voluntary termination of the Village's status as an assessing unit, as now provided in the Village Law and the Real Property Tax Law. It is also the Intent of this local law to abolish the position of Assessor (or Board of Assessors) and to terminate any and all responsibility as provided by law for the review of the assessments of real property located within the Village of

Section 2. On or after the effective date of this local law, the Village of _____shall cease to be an assessing unit.

Section 3. The position of Assessor in the Village of ________ is hereby abolished.

Section 4. The Board of Assessment Review in the Village of ________ abolished.

Section 5. On or after the effective date of this local law, taxes in the Village of ______ shall be levied on a copy of the applicable part of the assessment role of the Town (or County) of _________ with the taxable status date of such Town (or County) controlling for village purposes.

Section 6. Within five days of the effective date of this local law, the Board ofTrustees of the Village of _______ shall file a Copy of such local law with the Clerk andAssessor (or Board of Assessors) of the Town (or County) of _____and with the StateBoard of Equalization and Assessment.

Section 7. This local law shall take effect immediately upon filing with the Secretary of State, provided, however, that such local law is subject to a permissive referendum and the village clerk shall forthwith proceed to notice such fact and conduct such referendum if required by petition.

[Note: Villages which operate pursuant to special charter should also include a section or sections to amend the provisions of their charter to conform it to the intent of this local law.]

CHAPTER _______

BOARD OF ASSESSORS TO GRANT REAL PROPERTY TAX EXEMPTION

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§ 1. STATEMENT OF INTENT§ 2 SPECIAL TAX CREDITS AND ASSESSMENTS.§ 3 COMMENCEMENT.§ 4 EFFECTIVE DATE.

History: Enacted by the Village of New Berlin as Local Law No. 2 of 1978.

Be it enacted by the Village Board of the Village of New Berlin, Chenango County, New York as follows:

SECTION ONE: STATEMENT OF INTENTThe purpose or this local law is to grant incentive for the expansion of existing businesses in the Village of New Berlin and the location of new businesses in said Village by granting tax exemptions to said businesses for periods as specified herein.

SECTION TWO: SPECIAL TAX CREDITS AND ASSESSMENTS.The Assessors of the Village of New Berlin shall have the power and be charged with the duty to carry out the purpose and intent of Article 4 -A of the Commerce Law, Section four hundred, eighty-five of the Real Property Tax Law and the other applicable laws of the State, to grant to business facility owners or operators exemptions from taxes and special ad valorem levies to the extent provided in aforesaid mentioned New York State Laws.

Said Assessors shall determine the assessed value of the exemption pursuant to such state laws and shall grant as an exemption one hundred percent thereof for ten years.

SECTION THREE: That any assessment so granted shall commence with the assessment roll prepared on the next following taxable status date of the Village of New Berlin.

SECTION FOUR: EFFECTIVE DATE. This Local Law shall be effective immediately.

Chapter 85

VEHICLES AND TRAFFIC

ARTICLE IGeneral Provisions

§ 85-1. Definitions.§ 85-2. Authority to install traffic control devices.§ 85.3. Certain equipment prohibited.§ 85-4. Exempt vehicles.

ARTICLE IITraffic Control Signals

§ 85-5. Installation, maintenance and operation of traffic control signals.

ARTICLE IIIOne-Way Roadways

§ 85-6. One-way roadways designated.

ARTICLE IVPedestrian Crossings

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§ 85-7. Pedestrian crossings prohibited in certain locations.

ARTICLE VTurning Movements

§ 85-8. Left turns prohibited at certain locations.§ 85-9. Right turns prohibited at certain locations.§ 85-10. U-turns prohibited at certain locations. § 85-11. All turns prohibited at certain locations.

ARTICLE VIStop and Yield Intersections

§ 85-12. Through highways designated.§ 85-13. Stop intersections designated.§ 85-14. Yield intersections designated.

ARTICLE VIISpeed Regulations

§ 85-15. Maximum speed limits designated.

ARTICLE VIIIParking, Standing and Stopping

§ 85-16. Application of Article.§ 85-17. Parallel parking.§ 85-18. All-night parking.§ 85-19. Parking prohibited at all times in certain locations.§ 85-20. Standing prohibited in certain locations.§ 85-21. Stopping prohibited in certain locations.§ 85-22. Parking prohibited during certain hours in certain locations.§ 85-23. Parking time limited in certain locations.

ARTICLE IX Removal and Storage of Vehicles § 85-24. Authority to impound vehicles.§ 85-25. Storage and charges. § 85-26. Notice of removal.

ARTICLE XTruck Exclusions

§ 85-27. All trucks excluded from certain streets.§ 85-28. Trucks over five tons excluded from certain streets.§ 85-29. Certain activities exempted.

ARTICLE XIParking of Large Vehicles

§ 85-30. Parking of certain large vehicles prohibited in certain locations.§ 85-31. Certain activities exempted.

ARTICLE XIIPavement Markings

§ 85-32. Application of pavement markings authorized.

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ARTICLE XIIIPenalties


(HISTORY: Adopted by the Board of Trustees of the Village of New Berlin 2-28-77 as L.L. No. ~l977. Amendments noted where ~pp!icable.1

GENERAL REFERENCES

Motor vehicle junkyards - See Ch. 53.Snowmobiles - See Ch. 74.

ARTICLE IGeneral Provisions


The words and phrases used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them by Article I of the Vehicle and Traffic Law of the State of New York.

§ 85-2. Authority to install traffic control devices.

The Village Board shall provide for the installation and maintenance of traffic control devices when and as required under the provisions of this chapter, to make effective the provisions of said chapter, and may provide for the installation and maintenance of such additional traffic control devices as it may deem necessary to regulate, warn or guide traffic under the Vehicle and Traffic Law of the State of New York, subject to the provisions of §§ 1682 and 1684 of that law.

§ 85-3. Certain equipment prohibited.

A person must not drive a vehicle equipped with metal lugs, spuds or dogs on any street or highway in the village, exclusive of state highways, unless a permit, in writing, is obtained from the Mayor or a member of the Board of Trustees, which permit must prescribe the precautions to be taken to prevent injury to pavements and bridges, and such vehicles must not be driven upon or through any street or portion of a street or highway other than those designated in said permit, or in any manner different from that specified in said permit.

§ 85-4. Exempt vehicles.

All fire-fighting vehicles, police vehicles and emergency vehicles shall be exempt from the village traffic regulations, provided that they are acting in their official capacity with due regard for the safety and welfare of the residents of the Village of New Berlin.

Traffic Control Signals

§ 85-5. Installation, maintenance and operation of traffic control signals.

Traffic control signals shall be installed and maintained and operated as follows:

At Intersection of

(Reserved

ARTICLE III

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One-Way Roadways

§ 85-6. One-way roadways designated.

The following streets or parts of streets are hereby designated as one-way streets, and vehicles shall proceed only in the direction indicated within the limits designated below:

Name of street Direction LocationAcademy Street

Action Place Street

EastBetween its intersection with North Main Street and its intersection with Sophie AvenueWest Between its intersection

with School Street andits intersection with HillStreet

ARTICLE IVPedestrian Crossing.

§ 85-7. Pedestrian crossings prohibited in certain locations.

Pedestrian crossings are prohibited In the following locations, except within the marked crosswalks thereat;Name of Street Location

(Reserved)

ARTICLE VTurning Movements

§ 85-8. Left turns prohibited at certain locations. The left turning of vehicles is hereby prohibited as follows:Name of Direction At Inter TimeStreet of Travel section of LimitsHill Street East West Street Any time

§ 85-9. Right turns prohibited at certain locations. The right turning of vehicles is hereby prohibited as follows:Name of Direction At Inter- TimeStreet of Travel section of LimitsHill Street South Terrace Heights Any timeExtension

§ 85-10. U-Turns prohibited at certain locations.

The turning of vehicles so as to proceed in the opposite direction is hereby prohibited anywhere within the village, except at the following locations:

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Name of StreetLocation (Reserved)

Time Limits

§ 85-11. All turns prohibited at certain locations.

The turning of vehicles is hereby prohibited at the following locations:

Name of Street Location Time Limits (Reserved)

ARTICLE VIStop and Yield Intersections

§ 85-12. Through highways designated.

The following highways are designated as through highways. and traffic control devices shall be erected on the following entrances thereto:Name of Name of Directions Type ofThrough Entrance From Which Traffic ConHighway Street Entering control Device

(Reserved)

§ 85-13. Stop intersections designated.

The following highway intersections are hereby designated as stop intersections, and stop signs shall be erected as follows:

DirectionAt Intersection

Stop Sign on of Travel WithAcademy Street East Genesee StreetCushman Street South Academy StreetElm Street West North Main StreetGreen Street North Genesee StreetGreen Street West South Main StreetGrove Street East South Main StreetHenry Street South West StreetHill Street East West StreetHolmes Avenue South west streetLake Street North South Main StreetMaple Street West North Main StreetMoss Street Both Green StreetMoss Street West South Main Street

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Direction At IntersectionStop Sign on of Travel WithNew Berlin Heights East North Main StreetRailroad Street North Genesee StreetSchool Street East South Main StreetSophie Avenue South Academy StreetWhitmore Avenue West North Main Street

§ 85-14. Yield intersections designated.

The following locations are hereby designated as yield intersections, and yield signs shall be erected as follows:Yield Sign on

Direction At Intersection of Travel With

(Reserved)

ARTICLE VIISpeed Regulations

§ 85-15. Maximum speed limits designated.Thirty (30) miles per hour is hereby established as the maximum speed at which vehicles may proceed on or along highways within the corporate limits of this village.

ARTICLE VIIIParking, Standing. and Stopping

§ 85-16. Application of Article.

The provisions of this Article shall apply except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.

§ 85-17. Parallel parking.

Except where angle parking is authorized, every vehicle stopped, standing or parked upon a highway where there are no adjacent curbs shall be so stopped, standing or parked parallel with the edge of the roadway, headed in the direction of lawful traffic.

§ 85-18. All-night parking.

The parking of vehicles is hereby prohibited on all highways within this village between 2:00 a.m; and 6:00 a.m. from December 1 to April 1 of each year.

§ 85-19. Parking prohibited at all times in certain locations.

The parking of vehicles is hereby prohibited at all times in any of the following locations:Name of Street

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Academy StreetGenesee Street

Green Street (and extension)Henry Street Hill Street

New Berlin Heights

North Main Street

Side Location

North Entire lengthNorth from its intersection with Green Street east to the village lineEast Entire length

BothBoth

Entire lengthFrom its intersection withWest Street to TerraceHeights

Both From its intersection withNorth Main street to a pointapproximately 1,500 feet westthe

West From its intersection withAcademy Street north to itsintersection with the villageline

Name of Street Side LocationSchool Street Both From the west side of the

fire exit to Action PlaceSouth Main Street East From a point 520 feet south of its intersection with Genesee Street and its intersection

with Lake StreetWest Street Both From its intersection with

Henry Street west to the village line

West Street South From its intersection withMain Street west for a distance of 100 feet

§ 85-2O. Standing prohibited in certain locations.

The standing of vehicles is hereby prohibited at all times in the following locations:

Name of Street SideLocation

(Reserved)

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21 Stopping prohibited in certain locations.

stopping of vehicles is hereby prohibited at all times in the following locations:Name of street Side Location

From its intersection with Main Street to the west side of the fire exitBoth

§ 85-22. Parking prohibited during certain .hours in certain locations

The parking of vehicles is hereby prohibited between the hours indicated in any of the following locations.

BetweenName of Street

theSide Hours of Location

(Reserved)

§ 85-23. Parking time limited in certain locations.

The parking of vehicles is hereby prohibited for a longer period of time than that designated, between the hours indicated, in any of the following locations:

BetweenName of the TimeStreet Side Hours of Limit Location

Genesee Both All times 10 min. Between the westerly side of the west entrance to the post office parking lot and the easterly side of the east entrance to the post office

North MainStreet Both 8:00a.m. 2hrs. From its intersection with Genesee to 6:00p.m. Street north 345 feet Monday

through Saturday

South MainStreet Both 8:00 a.m. 2hrs. From its intersection with Genesee to Street south 520 feet 6:00 p.m., Monday through Saturday

West street North 8:00 a.m. 2hrs From its intersection with Main to Street west to its intersection 6:00 p.m. With Henry street Monday through Saturday

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BetweenName of the Time Street Side Hours of Limit Location

West Street North 8:00 a.m. 2 hrs. From its intersection with Hill to Street east to a point 100 feet 6:00 p.m. from its intersection with Main street Monday through Saturday

ARTICLE IXRemoval and Storage of Vehicles

§ 85-24. Authority to impound vehicles.

A. When any vehicle is parked or abandoned on any street or highway within this village during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway upon which said vehicle is parked or abandoned, said vehicle may be removed by the police officials of the Village of New Berlin.

B. When any vehicle is found unattended on any street or highway within this village where said vehicle constitutes an obstruction to traffic, said vehicle may be removed by police officials of the Village of New Berlin.

C. When any vehicle is parked or abandoned on any street or highway within this village where stopping, standing or parking is prohibited, said vehicle may be removed by police officials of the Village of New Berlin.

D. Any time a person is arrested in the Village of New Berlin and such person is in control of a vehicle, the vehicle may be impounded and the content’s inventoried.

§.85-25. Storage and charges.

After removal of any vehicle as provided in this Article, the police officials may store such vehicle, in a suitable place at the expense of the owner. Such owner, or the person in charge of the vehicle, may redeem the same upon payment to said police officials of the amount of all expenses actually and necessarily incurred in effecting such removal, such removal charges not to exceed twenty-five dollars ($25.), together with any charges for storage, such storage charges not to exceed two dollars ($2.) per day or fraction thereof.

§ 85-26. Notice of removal.

The police officials shall, without delay, report the removal and the disposition of any vehicle removed, as provided in this Article, to the Board of Trustees, and it shall be the duty of such police officials to ascertain, to the extent possible, the owner of the vehicle or person having charge of the same and to notify him of the removal and disposition of such vehicle and of the amount which will be required to redeem same.

ARTICLE XTruck Exclusions

§ 85-27. All trucks excluded from certain streets.

All trucks (and/or commercial vehicles and/or tractors and/or tractor-trailer combinations) are hereby excluded from the following highways within this village:Name of Street Location

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(Reserved)

§ 85-28. Trucks over five tons excluded from certain streets

Truck. in excess of five (5) tons are hereby excluded from the following highways within this village:Name of Street Location

(Reserved)

§ 85-29. Certain activities exempted.

The regulations established in this Article shall not be construed to prevent the delivery or pickup of merchandise or other property along the highways from which such vehicles and combinations are otherwise excluded.

ARTICLE XIParking of Large Vehicles

§ 85-30. Parking of certain large vehicles prohibited in certain locations.

No commercial vehicle, truck, tractor, truck trailer, tractor-trailer combination, travel trailer, truck camper, camping trailer, motor home or licensed camper vehicle shall park on the following highways, nor shall said highways, or properties fronting upon said highways, be used for the sale of goods, wares or merchandise from motor vehicles:

Name of Street Side Location

(Reserved)

§ 85-31. Certain activities exempted.

The regulations established in this Article shall not be construed to prevent the delivery or pickup of merchandise or other property along the highways upon which such vehicles are otherwise prohibited from parking, nor the parking of such vehicles for a limited period of time in order to expeditiously load or unload the same.

ARTICLE XIIPavement Markings

§ 85.32. Application of pavement markings authorized.

Pavement markings, in accordance with the standards and specifications established by the Department of Transportation, shall be applied on the following highways or portions of high. ways:Name of Street Location

(Reserved)

ARTICLE XIIIPenalties


Every person convicted of a traffic infraction or an offense against any provision of this chapter which is not an offense against any provision of the Vehicle and Traffic Law of the State of New York shall, for a first

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conviction thereof, be punished by a fine of not more than fifty dollars ($50.) or by imprisonment for not more than fifteen (15) days, or by both such fine and imprisonment; for a second such conviction within eighteen (18) months thereafter, such person shall be punished by a fine of not more than one hundred dollars ($100.) or by imprisonment for not more than forty-five (45) days, or by both such fine and imprisonment; upon a third or subsequent conviction within eighteen (18) months after the first conviction, such person shall be punished by a fine of not more than two hundred fifty dollars ($250.) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.

ARTICLE I

General Provisions

85-1. Definitions

The words and phrases used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them by Article I of the Vehicle and Traffic Law of the State of New York.

85-2. Authority to install traffic control devices.

The Village Board shall provide for the Installation and maintenance of traffic control devices when and as required under the provisions of this chapter, to make effective the provisions of said additional traffic control devices as it may deem necessary to regulate, warn or guide traffic under the Vehicle and Traffic Law of the State of New York, subject to the provisions of 1682 and 1684 of that law.

85-3. Certain equipment prohibited.

A person must not drive a vehicle equipped with metal lugs, spuds or dogs on any street or highway in the village, exclusive of state highways, unless a permit, in writing, is obtained from the Mayor or a member of the Board of Trustees, which permit must prescribe the precautions to be taken to prevent injury to pavements and bridges, and such vehicles must not be driven upon or through any street or portion of a street or highway other than those designated in said permit, or in any manner different from that specified in said permit.

85-4. Exempt Vehicles.

All fire-fighting vehicles, police vehicles, Village DPW and emergency vehicles shall be exempt from the village traffic regulations, provided that they are acting in their official capacity with due regard for the safety and welfare of the residents of the Village of New Berlin.

ARTICLE II Traffic Control Signals

85-5. Installation, maintenance arid operation of traffic control signals

Traffic control signals shall be installed and maintained and operated as follows: At Intersection of (Reserved)

ARTICLE III One Way Roadways85-6. One Way Roadways designated.

The following streets or parts of streets are hereby designated as one way streets, and vehicles shall proceed only in the direction indicated within the limits designated below:

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Name of Street Direction Location

Academy Street East Between its intersection with North main Street and its intersection with Sophie Avenue.

Action Place Street West Between its intersection with School Street and its intersection with Hill St.

ARTICLE IV Pedestrian Crossings

85-7. Pedestrian crossings prohibited in certain locations.

Pedestrian crossings are prohibited at the following locations, except within the marked crosswalks

thereat;

Name of Street Location(Reserved)

ARTICLE V Turning Movements

85-B. Left Turns prohibited at certain locations.

The left turning of vehicles is hereby prohibited as follows:

Name of Street Direction of Travel At Intersection of Time Limits

Hill Street East West Street Any time

School Street East Action Place Any time85-9. Right turns prohibited at certain locations.

The right turning of vehicles is hereby prohibited as follows:

Name of Street Direction of Travel At Intersection of Time Limits

Hill Street Ext. South Terrace Heights Any time

85-10, U-turns prohibited at certain locations.

The turning of vehicles so as to proceed in the opposite direction is hereby prohibited anywhere within the village, except at the following locations:

Name of Street Location Time Limits

(Reserved)

85-11. All turns prohibited at certain locations.

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The turning of vehicles is hereby prohibited at the following locations:Name of Street Location Time Limits

(Reserved)

ARTICLE VI Stop and Yield Intersections

85-12. Through highways designated.

The following highways are designated as through highways, and traffic: control devices shall be erected on the following entrances thereto:

Name of Through Name of Directions From Type of Traffic Highway Entrance St. Which Entering Control Device

(Reserved)

85.13. Stop Intersections designated.

The following highway intersections are hereby designated as stop intersections, and stop signs shall be erected as follows:

Stop Sign on Direction of Travel At Intersection with

Academy Street East Genesee StreetCushman Street South Academy StreetElm Street West North Main StreetGreen Street North Genesee StreetGreen Street West So. Main StreetGrove Street East So. Main StreetHenry Street South West StreetHill Street East West StreetHolmes Avenue South West StreetLake Street North So. Main StreetMaple Street West No. Main StreetMoss Street Both Green StreetMost Street West So. Main StreetGreen Street South Moss StreetGreen Street Ext. North Moss StreetMoss Street West Green StreetMoss Street East Green StreetNew Berlin Heights East North Main StreetRailroad Street North Genesee Street

85-13 cont.School Street East South Main StreetWhitmore Avenue West North Main StreetMitchell Drive North West StreetElm Street East Cushman Street

Whitmore Avenue East Cushman StreetNeely Avenue North Green Street Ext.Hol mes Avenue East Henry StreetAction Place West Hill Street

85-14. Yield Intersections designated.

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The following locations are hereby designated as yield intersections, and yield signs shall be erected as follows:

Yield Sign On Direction of Travel At Intersection With

Sophie Avenue South Academy Street

Mitchell Drive South Terrace Heights

ARTICLE VII Speed Regulations

85-15. Maximum Speed Limits Designated.

Thirty (30) miles per hour is hereby established as the maximum speed at which vehicles may proceed on or along highways within the corporate limits of this village.

ARTICLE VIII Parking, Standing And Stopping

85-16. Application of Article

The provisions of this Article shall apply except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.

85-16 A. Except when necessary to avoid conflict with other traffic, or when in compliance with law or the directions of a police officer or official traffic-control device, no person shall:

1. Stop, stand or park a vehicle:

a. On a sidewalk

2. Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

a. In front of a public or private driveway;

b. Within thirty feet upon the approach to any flashing signal, stop or yield sign or traffic-control signal located at the side of the roadway, unless a different distance is indicated by official signs, markings or parking meters;

85-16 A. cont.

c. Within twenty feet of the driveway entrance to any fire station and, when on the side of the street opposite to the entrance of any fire station, within seventy-five feet of said entrance, when properly signposted, unless a different distance is indicated by official signs, markings or parking meters.

85-17. Parallel Parking.

Except where angle parking is authorized, every vehicle stopped, standing or parked upon a highway shall be so stopped, standing or parked parallel with the edge of the roadway, headed in the direction of lawful traffic.

85-18. All night Parking

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The parking of vehicles is hereby prohibited on all highways within this village between 2:00 AM and 6:00 AM from December 1 to April 1 of each year.

85-19. Parking prohibited at all times in certain locations.

The parking of vehicles is hereby prohibited at all times in any of the following locations:


Academy Street North Entire lengthCushman Street East From the intersection of Academy St.

to a point 225 feet north of AcademyStreet.

Charlotte Ave. Both Entire lengthGenesee Street North 226 feet east of its intersection

with Main Street east to the villageline

Genesee Street South From the intersection of Main Streetto a point 74 feet east of Main St.

Genesee Street South From its intersection with Green St.east to the village line

Green Street East Entire LengthHenry Street Both Entire LengthHill Street Both From its intersection with West

Street to Terrace HeightsHolmes Street North Entire LengthLake Street Both Entire LengthMitchell Drive East Entire LengthNew Berlin Heights Both From its intersection with North

Main Street to a point approximately1500 feet west thereof

No. Main St. West From its intersection with AcademyStreet north to the village line

School Street North From the intersection of So. MainSt. west to Action Place.

School Street South From the intersection of So. MainSt. to Action Place

85-19 Cont.So. Main St. West From the intersection of School St.

to a point approximately 69 feet south thereof

South Main St. East From a point 520 feet south of its intersection with Genesee Street and

its intersection with Lake StreetWest Street Both From its intersection with Henry

Street west to the village line

85-19-R. Handicapped Parking

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The standing or parking of vehicles without a visible handicapped permit is hereby prohibited at all times in the following locations:


So. Main St. East Between a point 260’ south of its intersection with Genesee St. to a point 270’ south of its intersection with Genesee St.

West Street South Between a point 22’ east of its intersection with Main Street to a

point 42’ east of its intersection with Main Street.

85-20. Standing prohibited in certain locations.

The standing of vehicles is hereby prohibited at all times in the following locations:


(Reserved)

85-21. Stopping prohibited in certain locations.

The stopping of vehicles is hereby prohibited at all times in the following locations:


School Street Both From its intersection with Main St.to the west side of the fire exit

85-22. Parking prohibited during certain hours in certain locations.

The parking of vehicles is hereby prohibited between the hours indicated in any of the following areas.

Name of Street Side Between the Hrs of Location

(Reserved)

85-23. Parking time limited in certain locations.

The parking of vehicles is hereby prohibited for a longer period of time than that designated, between the hours indicated, in any of the following areas.

Name of Side Between the Time LocationStreet hours of Limit

Genesee St. North At all Times 2 hours Between a point 57 feet east of its intersection with No. Main St.

No. Main St. Both 8:00AM to 2 hours From its 6:00PM intersection with

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Mon. - Sat. Genesee Street North 345 feet

So. Main St. Both 8:00AM to 2 hours From its 6:00PM intersection with Mon. - Sat. Genesee St. south

520 feet

Genesee St. South All Times 2 hours From a point 74 feet east of its intersection with Main Street

east to its intersection with

Green Street.

West Street North 8:00AM to 2 hours From its 6:00PM, Intersection with Mon. - Sat. Main Street

to its intersection with

Green Street

South Main West 8:00AM to 2 hours From its 6:00PM intersection with Mon. - Sat. School Street

south 150 feet

West Street South 8:00AM to 2 hours From its 6:00PM intersection with Mon. - Sat. Henry Street to a

point 15 feet from its intersection with

Main St. No. Main East At All Times 2 hours From its

intersection with Academy Street North to the Village line

85-23 A. Additional Parking Regulations

a. No person regularly engaged in the sale or repair of vehicles shall park a vehicle upon a highway for the purpose of:

1. Greasing or repairing such vehicle, except for such repairs as may be necessitated by an emergency.

85-23 B. Permit Parking in Municipal Parking Lots

The parking of vehicles with permits issued by the Village ofNew Berlin, are required to park in the designated areas of

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Permit Parking Only in the Municipal Parking Lots.

ARTICLE IV Removal and Storage of Vehicles

85-24. Authority to impound vehicles.

A. When any vehicle is parked or abandoned on any street or highway within this village during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway upon which said vehicle is parked or abandoned, said vehicle may be removed by the police officials of the Village of New Berlin.

B. When any vehicle is found unattended on any street or highway within this village where said vehicle constitutes an obstruction to traffic, said vehicle may be removed by police officials of the Village of New Berlin.

C. When any vehicle is parked or abandoned on any street or highway within this village where stopping, standing or parking is prohibited, said vehicle may be removed by police officials of the Village of New Berlin.

D. Any time a person is arrested in the Village of New Berlin and such person is in control of a vehicle, the vehicle may be impounded and the contents inventoried.

85-25. Storage and charges.

After removal of any vehicle as provided in this Article, the police officials may store such vehicle in a suitable place at the expense of the owner. Such owner, or the person in charge of the vehicle, may redeem the same upon payment to said police officials of the amount of all expenses actually and necessarily incurred in effecting such removal, such removal charges not to exceed twenty-five dollars ($25), together with any charges for storage, such storage charges not to exceed two dollars ($2) per day or fraction thereof.

85-26. Notice of removal

The police officials shall, without delay, report the removal and the disposition of any vehicle removed, as provided in this Article, to the Board of Trustees, and it shall be the duty of such police officials to ascertain, to the extent possible, the owner of the vehicle of person having charge of the same and to notify him of the removal and disposition of such vehicle and of the amount which will be required to redeem same.

ARTICLE X

Truck Exclusions

85-27. All trucks excluded from certain streets.

All trucks (and/or commercial vehicles an/or tractors and/or tractor-trailer combinations) are hereby excluded from the following highways within this village:

Name of Street Location

(Reserved)

85-28 Trucks over five tons excluded from certain streets.

Trucks in excess of five (5) tons are hereby excluded from the following highways within this village:Name of Street Location

(Reserved)

65-29. Certain activities exempted.

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The regulations established in the Article shall not be construed to prevent the delivery or pickup of merchandise or other property along the highways from which such vehicles and combinations are otherwise excluded.

ARTICLE XI Parking of Large Vehicles

85-30. Parking of certain large vehicles prohibited in certain locations

No commercial vehicle, truck, tractor, truck trailer, tractor-trailer combination, travel trailer, truck camper, camping trailer, motor home or licensed camper vehicle shall park on the following highways, nor shall said highways, or properties fronting upon said highways, be used for the sale of goods, wares or merchandise from motor vehicles:

Name of Street Side Locations

(Reserved)

85-31. Certain activities exempted.

The regulations established in this Article shall not be construed to prevent the delivery or pickup of merchandise or other property along the highways upon which such vehicles are otherwise prohibited from parking, nor the parking of such vehicles for a limited period of time in order to expeditiously load or unload the same.

85-32 Application of pavement markings authorized.

Pavement marking, in accordance with the standards and specifications established by the Department of Transportation, shall be applied on the following highways or portions of highways:

Name of Street Location

(Reserved)

ARTICLE XIII

Penalties


Every person convicted of a traffic infraction or an offense against any provision of this chapter which is not an offense against any provision of the Vehicle and Traffic Law of the State of New York shall, for the first conviction thereof, be punished by a fine of not more than fifty dollars ($50) or by imprisonment for not more that fifteen (15) days, or by both such fine and imprisonment; for a second such conviction within eighteen (18) months thereafter, such person shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than forty-five (45) days, or by both such fine and imprisonment; upon a third or subsequent conviction within eighteen (18) month after the first conviction, such person shall be punished by a fine of not more than two hundred fifty dollars ($250) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.

Chapter 82

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TREES

§ 82-1. Planting of certain trees prohibited.§ 82-2. Written consent required before trees may be planted.§ 82-3. Trimming of trees for public safety.§ 82-4. Failure of property owner to trim trees.§ 82-5. Removal of trees broken by wind or diseased trees.§ 82-6. Responsibility of property owner.§ 82-7. Consent required for removal of certain trees.§ 82-8. Notice to remove tree; failure to comply.§ 82-9. Windfallen trees.§ 82-10. Trees on village property.§ 82-11. Penalties for offenses.


GENERAL REFERENCESProperty maintenance - See Ch. 65.Streets and sidewalks - See Ch. 78.

§ 82-1. Planting of certain trees prohibited.

No trees of the species commonly known as "Carolina poplar" shall he planted within any area which is within one and one-half (11/2) rods of the center line of any street of the village, either on the inside of the sidewalk or between the sidewalk and curbstone.

§ 82-2. Written consent required before trees may be planted.

Property owners may plant trees along the streets between the sidewalk and curbstone, but any such tree or trees shall only be planted upon the written approval of, and under the direction of, the Village Superintendent of Public Works. The Village Board shall have the right to plant trees along the streets between the sidewalk and curbstone or on the inside of the sidewalk, but before said planting on the inside of the sidewalk, such Board shall get the written consent of the property owner.

§ 82-3. Trimming of trees for public safety.

Property owners shall be required to trim or remove any and all trees and limbs in front thereof that interfere with traffic or pedestrian travel and safety.

§ 82-4. Failure of property owner to trim trees.

Upon failure of the property owner to do so, the Village Trustees shall have the right to have trimmed or removed any and all trees along the streets in front of said property owner's property and shall assess the expense of such trimming or removing, after notifying such property owner to trim or remove said trees and, if he fails to

do so within a reasonable time, against such property owner under Section 167 of the Village Law.1

§ 82-5. Removal of trees broken by wind or diseased trees.

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It shall be the duty of the property owner to remove wind broken or diseased trees and limbs that endanger traffic or pedestrian travel. In case he fails to do so, the village shall remove said limbs or trees and shall assess

the expense thereof against the property owner under Section 167 of the Village Law.2

1. Editor's Note: "Section 157".refers to the Village Law of 1909 and was omitted in the Village Law of 1972. For provisions regarding the assessment of costs for work performed by the village, see § 4-414 of the new Village Law.

2. Editor's Note.: "Section 187" refers to the Village Law of 1909 and was omitted in the Village Law of 1972. For provisions regarding the assessment of costs for work performed by the village, see § 4-414 of the new Village Law.

§ 82-6. Responsibility of property owner.

The wood and limbs of any such trimming or removal mentioned in §§ 82-3, 82-4 and 82-5 above belong to the property owner, and he shall be responsible for the removal of same.

§ 82-7. Consent required for removal of certain trees.

A property owner shall not remove a tree that stands between a sidewalk and curbstone without first getting consent of the Village Trustees. The expense of any such tree removal shall be borne by the property owner.

§ 82-8. Notice to remove tree; failure to comply.

When any tree standing along a village street and within one and one-half (1 V2) rods of the center of the street whether between the sidewalk and curbstone or on the inside of the sidewalk, becomes, in ~e opinion of the Village Superintendent of Public Works, dangerous to street traffic or to pedestrian travel on the sidewalk, such property owner shall be notified by such Superintendent to remove said tree within a reasonable time. In case he fails to remove said tree, the village shall cause same to be removed to within eighteen (18) inches of the ground, and the expense of such removal shall be assessed against such property owner.

§ 82-9. Windfallen trees.

A. If a tree shall fall across North Main Street or South Main Street or Genesee Street, it is presumed that the state will open these streets for traffic inasmuch as they are state highways. If any such tree shall fall across a sidewalk, the village shall open said sidewalk and shall bear the expense of same The wood and line of any such tree belong to the property owner in front of whose land said tree has fallen, and he shall be responsible for removal of same. In case he fails to remove same at once, the village will remove same and shall assess the expense against such property owner.

B. If a tree shall fall across the street or sidewalk in any other part of the village, the Village Board shall cause the street to be opened for traffic and the sidewalk to be cleared for pedestrians. All wood and limbs shall be removed by such property owner.

C. If any windfall tree shall be uprooted and cause damage to a sidewalk, the village shall remove the stump if necessary to repair the sidewalk but will in no way be responsible for any damage on the inside of the sidewalk. Regulations as to the removal of wood and limbs are the same as enumerated in Subsections A and B.

D. Windfallen trees inside of the sidewalk. If any such tree falls across any village street or sidewalk, the village shall cause the street to be opened and the sidewalk cleared and repaired, if damaged. The property owner shall cause the wood and limbs to be removed. The village shall not be responsible for any damage to the inside of the sidewalk.

§ 82-10. Trees on village property.

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The Village Trustees assume full control of all trees on village property, as follows:

A. Hyde Park. No one shall trim, mar, mutilate, cut or otherwise damage any tree in Hyde Park. Said trees shall be under the supervision of such Village Superintendent of Public Works.


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 two hundred fifty dollars ($250;) or by imprisonment for a term not exceeding fifteen (15) days or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

CHAPTER _______UNIFORM FIRE PREVENTION AND BUILDING CODE - OPT OUT BY

VILLAGE 1997

[History: Enacted by the Village of New Berlin as Local Law No. 2 of the year of 1997]

Section 1.New York State executive law, Sec. 381 (2) requires that “every local government shall

administer and enforce the Uniform Fire Prevention and Building Code on or after the first day of January, 1984.”

Section 2.Further provisions of executive law, Sec. 381 (2) allows units of local government to

provide that they will not enforce the Uniform Code.

Section 3.The Village of New Berlin, New York, hereby declares that it will not enforce the

Uniform Code on and after the first day of January 1998.

Section 4.This local law shall take effect upon it’s being duly filed in the Office of the Sec. of State

and in the Office of the State Comptroller.

Local Law 2 of 1997 of the Village of New Berlin was duly passed by the Board of Trustees on Sept. 8, 1997 in accordance with the applicable provisions of law. HISTORICAL NOTE. PRIOR LAWS INCLUDED FOR REFERENCE ONLY:

UNIFORM FIRE PREVENTION AND BUILDING CODE [REPEAL OF PRIOR OPT-OUT BY VILLAGE]

History: Enacted by the Village of New Berlin as Local Law No. 3 of the year 1995, Repealing the law Opting-Out of The Village of New Berlin’s Enforcement of the New York State Uniform Fire Prevention and Building Code.

Section 1

New York State Executive Law, Section 381 (2) requires every local government shall administer and enforce the Uniform Fire Prevention and Building Code on or after the first day of January, 1984.

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Section 2

The Village of New Berlin pursuant to Section 381(2) of the Executive Law “opted out” of enforcement of the Uniform Code in Local Law No. 2 of 1988.

Section 3

The Village of New Berlin hereby declares the repeal of Local Law No. 2 of 1988.

Section 4

This law shall take effect upon filing with the Secretary of State

CHAPTER ________UNIFORM FIRE PREVENTION AND BUILDING CODE 1995

History: Enacted by the Village of New Berlin as Local Law Number 4 of the year 1995

Section IApplicability

This local law shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code, in the Village of New Berlin, and establish powers, duties and responsibilities in connection therewith.

Section 2Authority

This local law is hereby enacted pursuant to the authority granted by Section 10 of the New York State Municipal Home Rule Law.

Section 3Standards

All new construction, alterations, improvements, removal or demolition of any building or structure, shall be in compliance with the New York State Uniform Fire Prevention and Building Code.

Section 4Effective Date

This Village Law shall take effect immediately upon its proper filing with the New York State Secretary of State.

Section 5Separability

Should any section or provisions of this Village Law be decided by the Courts to be unconstitutional or invalid, such decision shall not affect the validity of the Law as a whole, or any part thereof, other than the Section or part so decided to be unconstitutional or invalid.

Section 6Administration

There is hereby designated the Code Enforcement Officer to administer and enforce the New York State Uniform Fire Prevention and Building Code within the Village of New Berlin. The Code Enforcement Officer will be appointed by the Mayor of the Village subject to the approval of the Village Board.

Section 7Permits

7.1 No person, firm, corporation, association, or other organization shall commence the erection, construction, alteration, improvement, removal, or demolition of any building or structure, except agricultural buildings or structures or the installation of heating equipment without having applied for and obtained a Building Permit from the Code Enforcement Officer. The Code Enforcement Officer may, at the request of the applicant, waive a Building Permit requirement where the work to be done involves minor interior or exterior alterations.

7.2 Applications for Building Permits shall be available through the Clerk’s Office.

7.3 Applications for Building Permits shall be delivered in person or sent directly to the Department of Code Enforcement for review and processing by the Code Enforcement Officer.

7.4 The Village Board shall set a fee for Building Permit Applications.

7.5 The Building Permit Application shall specify at a minimum: the requisite number of copies of certified plan specifications and maps; the signature of the applicant or authorized agent; the work site; a statement of the use or occupancy of all parts of the land and of the proposed building or structure; a brief description of the proposed work; the name and address of the owner and applicant; the fee for the permit as determined by the Village Board of Trustees; and if either is a corporation, the names and addresses of responsible officers.

7.6 (a) The Code Enforcement Officer shall examine, or cause to be examined, Building Permit Applications and the plans, specifications, and documents filed therewith. He shall approve or disapprove the application within sixty days from the date of submissions of the application.

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(b) Upon approval of the application and upon receipt of the legal fees, the Code Enforcement Officer shall issue a Building Permit to the applicant upon the form prescribed by the Department of Code Enforcement and shall affix his signature thereto.

(c) If the application together with plans, specifications, and other documents filed therewith describe proposed work which does not conform to all of the requirements of the applicable building code regulations, the Code Enforcement Officer shall disapprove the same and shall return the plans and specifications to the applicant. Upon request of the applicant, the Code Enforcement Officer shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.

7.7 The Code Enforcement Officer may revoke a Building Permit previously issued in the following instances:

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

(b) Where he finds that the Building Permit was issued in error and should not have been issued in accordance with the applicable provisions of the Code.

(c) Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans, specifications, or the Code, or

(d) Where the person to whom a Building Permit has been issued fails or refuses to comply with a Stop Order issued by the Code Enforcement Officer.

7.8 A Building Permit shall expire one year from the date of issuance or upon the issuance of a Certificate of Occupancy, whichever occurs first. A Building Permit may, upon written request, be renewed for successive one year periods provided that the permit has not been revoked or suspended at the time the application for renewal is made. The relevant information in the application for renewal must be up to date, and a renewal fee paid in order to obtain an extension.

Section 8Inspections

8.1 All dwellings, structures and uses regulated under the State Uniform Fire Prevention and Building Code, including but not limited to those buildings and structures for which a Building Permit has been obtained, shall be inspected for compliance with building construction and fire prevention provisions of the Code.

8.2 As of April 1, 1984, all Village code enforcement personnel, including the Code Enforcement Officer, who commence employment on or after April 1, 1985, shall complete a prescribed State Minimum Basic Code Enforcement Training Program within a specified time period determined by the State.

8.3 Except as otherwise required by the Code or this Local Law no regular, periodic inspections of occupied dwelling units shall be required. This shall not, however, be a limitation on inspections conducted at the invitation of the occupant, or by an affected property owner, where conditions on the premises are shown to threaten or present a hazard to public health, safety or welfare.

8.4 Access to buildings and premises by either the agent doing the inspection, or the Code Enforcement Officer, to conduct inspections shall be made only after reasonable prior notice has been given to the owner or his authorized representative.

8.5 If entrance to make an inspection is refused or cannot be obtained, the Code Enforcement Officer or his representative may apply for a warrant to make an inspection to any court of competent jurisdiction.

8.6 Building Construction Inspections: Upon issuance of a Building Permit, it shall be the responsibility of the owner applicant or his authorized agent to arrange inspections through the department of Code Enforcement.

8.7 Fire Prevention Inspections: The Code Enforcement Officer or his representative shall conduct required inspections for compliance with the fire prevention provisions of the Code and this local law.

Section 9Certificate of Occupancy

9.1 The Code Enforcement Officer, upon determination that a dwelling or structure undergoing construction or alteration has complied with provisions of the Code, shall issue a Certificate of Occupancy. A Certificate of Occupancy must be issued before occupancy or use of the dwelling or structure is allowed.

9.2 Upon request from the owner applicant or his agent, the Code Enforcement Officer may issue a Temporary Certificate of Occupancy for a building or structure, or part thereof, before the entire work covered by the Building Permit shall have been completed provided such portion or portions as have been completed may be occupied safely without endangering life or the public health or welfare. A Temporary Certificate of Occupancy shall remain effective for a period not exceeding twelve months, from its date of issuance. For good cause, the Code Enforcement Officer may allow a maximum of two extensions for periods not exceeding three months each.

Section 10Enforcement

10.1 It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy, any building or structure or portion thereof in violation of any provision of the New York State Uniform Fire Prevention and Building Code or this Village Law, as well as any regulation or rule promulgated by the Code Enforcement Officer in accordance with applicable laws, or to fail in any manner to comply with a notice, directive, or order of the Code Enforcement Officer, or to construct, alter, use or occupy, any building or structure or part thereof in a manner not permitted by an approved Building Permit or Certificate of Occupancy, In the event of a violation and the failure to comply, neither a Building Permit nor a Certificate of Occupancy shall be issued by the Code Enforcement

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Officer. If a Certificate of Occupancy has been previously issued and thereafter a violation is found, the Certificate shall be revoked if such violation is not remedied.

10.2 Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building or structure is being done in violation of the applicable provisions of the Code, or not in conformity with the provisions of an application, plans, or specifications on the basis of which a Building Permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner’s agent, in the form of a Stop Order, to stop all work. Such persons shall forthwith stop such work and suspend all building activities until the Stop Order has been rescinded. Such Order and Notice shall be in writing and shall state the conditions under which the work may be resumed. It may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building where the work is being performed and sending a copy of the Order to him by certified mail at the address set forth in the Building Permit Application if such application shall have been made.

10.3 Any person who shall fail to comply with a written Order of the Code Enforcement Officer within the time fixed for compliance and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or any other person taking a part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of this Law, or any lawful order, notice, permit or certificate of the Code Enforcement Officer, shall be subject to a fine in an amount not to exceed $100.00 per day. Each day that a violation continues shall be deemed a separate offense. Except as provided otherwise by law, such a violation shall be an offense.

10.4 An action or proceeding in the name of the Village of New Berlin may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the New York State Uniform Fire Prevention and Building Code, this local law, rule or regulation adopted pursuant to this local law, or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.

Section 11Removal of Dangerous Buildings or structures

11.1 A building or structure or part therefore, which is an imminent danger to life and safety of the public as a result of structural instability, fire or explosion or other hazardous situation is hereby declared to be a public nuisance.

11.2 Whenever the Code Enforcement Officer finds a building or structure, or apart thereof, to be an imminent danger to life and safety of the public as a result of structural instability, fire or explosion or other hazardous situation, the Code Enforcement Officer 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.

11.3 The Code Enforcement Officer 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 apart thereof, until it is made safe. Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs, or to demolish and remove such building or structure, or apart thereof.

11.4 All costs and expenses incurred by the Village of New Berlin 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 ten 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 Code Enforcement Officer 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 whereof, with the assessor, who shall in the preparation of the next 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 Village of New Berlin.

Section 12Rules and RegulationsThe Board may, after public notice and publication at least five days prior to the effective date thereof in the official

newspaper, adopt by resolution further procedural/administrative rules and regulations as the Board deems reasonable to carry out the provisions of this law. The Code Enforcement Officer may also make recommendations to the Village Board to adopt, amend, or appeal such rules and regulations as they may relate to efficient administration and enforcement of the provisions of the Uniform Fire Prevention and Building Code. such rules and regulations shall not conflict with the Code, this Village law, or any other provisions of law.

Local Law No. 4 of 1995 of the Village of New Berlin was duly passed by the Board of Trustees on October 10, 1995 in accordance with the applicable provisions of law.

Chapter 88

WATER

§ 88-1. Superintendent of Water.

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§ 88-2. Amendments.§ 88-3. Nonliability of village for failure of water supply.§ 88.4. Application for service.§ 88-5. Tapping charges.§ 88-6. Turning on water; inspections; reading meter.§ 88-7. Setting meters.§ 88-8. Temporary connections.§ 88-9. Damage to meters.§ 88-10. Failure of meter.§ 88-11. Repair or replacement of inaccurate meter.§ 88-12. Leaks.§ 88-13. Rates.§ 88-14. Payment; late charges; delinquent accounts.§ 88-15. Discontinuance of service.§ 88-16. Owner responsible for tenant.§ 88-17. Use of water by multiple tenants.§ 88-18. Service and supply pipe specifications.§ 88-19. Standard connections to mains.§ 88-20. Hydrants.§ 88-21. Use restrictions during shortages and emergencies.§ 88-22. penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the village of New Berlin 2-28-77 as L.L. No.19-1977. Amendments noted where applicable.]

§ 88-1. Superintendent of Water.

All village property pertaining to the Water Department, and the personnel hired to operate same, shall be under the control and direction of the Village Board of Trustees, and this authority shall be exercised through the Superintendent of Water.


The Board of Trustees shall have the right to amend this chapter and the rates established herein from time to time, when it is deemed to be in the best interests of the village.

§ 88-3. Nonliability of village for failure of water supply.

The Water Department agrees to furnish water to its customers on certain terms specified in this chapter. The village shall not be liable under any circumstances for failure in the supply of water, whether from unavoidable cause or the need or necessity of making repairs or from installing new machinery or parts in the water system.

§ 88-4. Application for service.

Applications for the use of water shall be made to the Village Clerk. After approval by the Superintendent of Water, he will order village employees to tap the water main, run pipe to the curbline, install a curb box or shutoff and install a meter in a place acceptable to the Water Department, for a fee stated in the ratesand charges section.

§ 88-5. Tapping charges.A. The standard charges for tapping mains shall be as

follows:

Size of Tap Charge (inches)

1/2 or 3/4 $150.00

1 $250.00

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1 1/2 $300.00

2 $400.00

B. All of the above are subject to extra charges for unfavorable weather conditions. All tapping charges are payable in advance, as specified on the regular application blank. Application for service for larger than a one-inch tap will be accepted on the basis of the applicant paying all costs of connecting and the total meter cost. Underground meters shall be installed where it is not practical to properly house the meters. All costs of installation of underground meters, private hydrants or sprinklers must be paid by the applicant. Large meters of up to two (2) inches will be furnished, upon application, to the property owner.

§ 88-6. Turning on water; inspections; reading meter.

Only authorized Water Department employees shall turn the water on to any premises, and they shall, at all reasonable hours, have free access to the premises to inspect the water system and read the water meters.

§ 88-7. Setting meters.

All meters shall be set by the employees of the Water Department.

§ 88-8. Temporary connections.

All water for temporary use, such as building or construction purposes, shall be metered, the user of the water to pay all costs necessary for supplying the water. Temporary service will be furnished at regular rates, except that the minimum charge shall be payable in advance and shall not be more than nine dollars ($9.) and not less than one dollar and fifty cents ($1.50) per month.

§ 88-9. Damage to meters.

Meters shall remain the property of the village, but the property owner shall be liable for any damage due to negligence.

§ 88-10. Failure of meter.

If a meter fails to work correctly, the customer will be charged at the average daily consumption as shown by the meter when it was in order.

§ 88-11. Repair or replacement of inaccurate meter.

Faulty meters will be repaired or replaced by the Water Department.

§ 88-12. Leaks.

All water passing through a meter will be charged for, whether used or wasted, and no deductions will be made for leaks.

§ 88-13. Rates.A. Minimum rate. The minimum charge shall be seventeen dollars and fifty cents ($17.50) per quarter.

B. Rate scale. The rate scale shall be as followsUsage per Month (gallons) Cost per 1,000 Gallons

First 20,000 $1.25Next 10,000 $ .90All over 30,000 $ .60

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C. Residents desiring meters turned on or off must notify the Village Clerk, for which a fee of two dollars ($2.) will be made. Under no circumstances shall shutoffs or meters be tampered with, except by the Village Water Department

§ 88-14. Payment; late charges; delinquent accounts.

A. Water bills shall be computed quarterly and shall be payable to the Village Clerk within thirty (30) days from the date of notice of the bill.

B. Failure to pay a bill within thirty (30) days shall result in a penalty of ten percent (10%) being added to the bill for each thirty-day period, or fraction thereof, that the bill remain unpaid after the thirty-day payment period.

C. Water service will be discontinued on all accounts which are ninety (90) days past due. Notice will be sent with the following quarterly billing, giving a ten-day period in which to settle the account. Where water service has been discontinued, a reconnection charge of ten dollars ($10.) will be made for restoration of service following the settlement of an account.

D. In case the Clerk shall be unable to collect water rent or rents, he shall make return thereof under oath to the Board of Trustees, and, thereupon and thereafter, said Board shall have the power to sue for and collect such rents, together with interest and costs, from the persons liable therefor.

E. All water rents due the Village of New Berlin, New York, on or before May 1 of each year, shall be certified to the Village Clerk of said Village of New Berlin, New York, with a description of the real property affected thereby, and the Board of Trustees of said Village of New Berlin, New York, shall include such-amounts in the annual tax levy and shall levy the same upon the real property-party in-default.

88-15 Discontinuance of service.

All persons wishing to discontinue water service must give written notice thereof at the office of the Village Clerk at least five(5) days in advance. Failure to furnish said notice will result in the person being held responsible for any charges that accrue.

§ 88-16. Owner responsible for tenant.

The owner of property shall be responsible for the payment of all water bills of tenants on his property. The Water Department will read the meter and render a bill to the tenant at any time on request.

§ 88-17. Use of water by multiple tenants.

In all cases where more than one (1) tenant or water taker is supplied with water by one (1) meter, the Board will look directly to the owner of the property, or his authorized agent, for the entire rent of the water furnished to the premises. The Village Superintendent, his agents or his assistants may enter, at any reasonable time, the premises of any water taker to examine the pipes and fixtures, the quantity Of water used and the manner of its use, including the meter and the reading thereof.

§ 88-18. Service and supply pipe specifications.

Service pipes attached to waterworks shall in all cases have a depth of earth four and one-half (4½) feet measured from the grade line of the street or natural surface of the earth, except in locations where the Superintendent may direct special construction for protection. The supply pipe shall be supplied with a curb box and shall be exposed to the surface of the ground and on a level with the top of curb so as to be readily found.

§ 88-19. Standard connections to mains -

A. House service lines shall be one-half inch or three-fourths-inch Type K copper tubing connected to a one-half-inch- or three-fourths-inch brass corporation curb stop with a drain, stem and casing.

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B. Service lines shall be four and one-half (4½) feet deep, with a water shutoff valve installed on the corporation line. Village responsibility ends at the corporation line. Property owners, however, may be required to repair the service line between the curb stop and the meter at the owners' expense.

§ 88-20. Hydrants.

No person or persons are permitted to open any fireplug or hydrant or draw water therefrom, except for the Superintendent or those acting with his permission or under his direction. The Chief of the Fire Department or persons appointed by him for that purpose are authorized to use the hydrants and fireplugs for the purpose of extinguishing fire or cleaning engines or hose or Department equipment or making trials of engines or hose of the Department. All such cases shall be under the direction or supervision of the Chief or his assistants appointed by him, and in no case will an inexperienced or incompetent person be permitted to manipulate or control, in any way, any hydrant, plug or fixture.

§ 88-21. Use restrictions during shortages and emergencies.

At any time in the Village of New Berlin when there is a shortage of water, and the community has been notified by public notice, it will be unlawful to use water, except for domestic purposes, without permission from the Superintendent of Water.



Chapter 90

WATERCOURSES

ARTICLE ISewage Disposal

§ 90-1. Discharge of certain materials into watercourses prohibited.§ 90-2. Penalties for offenses.

ARTICLE IIObstructions of Paper Mill Brook

§ 90-3. Erection of obstructions prohibited.


[HISTORY: Adopted by the Board of Trustees of the Village of New Berlin: Art. I, 3-23-03; Art. II, 10-16-05. Amendments noted where applicable.]

Sewage disposal - See Ch. 70.

GENERAL REFERENCES

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ARTICLE ISewage Disposal [Adopted 3-23-03]

§ 90-1. Discharge of certain materials into watercourses prohibited.

No person or corporation shall throw or deposit, or permit the discharge or escape of, any sewage,

garbage, ashes,

dirt, offal or other putrid or offensive matter, or refuse matter of any description, other than sewage which

may be discharged by properly constructed sewers, laid prior to the date of the passage of this Article, into the creek or brook running through the Village of New Berlin, New York, within the corporate limits of said village, or shall deposit, throw or cast any such sewage, garbage, ashes, dirt, offal or other putrid or offensive matter, or other refuse matter of any description, upon or along the banks of such creek or brook.


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 two hundred

fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such each day the offense is continued, a separate and distinct offense hereunder.

ARTICLE IIObstructions of Paper Mill Brook

[Adopted 10-16-05 Amended 6-8-98]

§ 90-3. Erection of obstructions prohibited.

No person shall erect any building, closet or other structure or projection over the brook which passes through the Village of New Berlin, known as "Paper Mill Brook," or restrict or in any manner obstruct the channel of the said brook.

For the purposes of this Article, “Person” shall not include and shall not be construed to mean any of the following: the Village of New Berlin, the County of Chenango, the State of New York, the New York State Department of Environmental Conservation, The United States Federal Government, the United States Department of Agriculture, the Natural Resources Conservation Service, any agencies offices or departments affiliated with any of the aforesaid entities, any officers, officials, agents servants or employees of the aforesaid entities who are acting in their official capacities, or any contractors who are authorized by any of the aforesaid agencies to perform any work or any services on or in the vicinity of the “Paper Mill Brook.”

This Article shall not be construed to in any way interfere with, limit or prevent any authorized individual or authorized entity from performing any work or service on or in the vicinity of the “Paper Mill Brook” which work or service has been approved by the Village of New Berlin.

§ 90-4.. Penalties for offenses. [Amended 2-28-77 by L.L. No. 1-1977] .

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 two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine an imprisonment. The continuation of an offense against the provisions of this Article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

Chapter _____

ZONING REGULATIONS

TABLE OF CONTENTS

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ARTICLE I ENACTMENT AND APPLICATION

Section 1.1 - Enactment1.2 - Title1.3 - Purpose1.4 - Scope1.5 - Rules and Definitions

ARTICLE II GENERAL PROVISIONS

Section 2.1- Interpretation of Regulations2.2- Application of Regulations2.3- Lot Area arid Dimensions2.4- Access to Public Street

ARTICLE III ESTABLISHMENT OF DISTRICTS

Section 3.1 - Purpose3.2 - Districts3.3 - Zoning Map3.4 - Interpretation of District Boundaries

ARTICLE IV DISTRICT USE REGULATIONS

Section 4.1 - Schedules of District Use Regulations4.2 - District Use Regulations Schedule A4.3 - District Use Regulations Schedule B4.4 - Planned Unit Development

ARTICLE V NON-CONFORMING BUILDINGS AND USES

Section 5.1 - Continuance of Use5.2 - Non-Conforming Situations

ARTICLE VI SUPPLEMENTARY REGULATIONS

Section 6.1 - Application6.2 - Performance Requirements6.3 - Regulation of Floodway and Flood Fringe District6.4 - Mobile Home Parks and Mobile Homes6.5 - Motor Vehicle Junkyard and Salvage Yards6.6 - Control of Excavation

6.7 - Corner lots 6.8 - Accessory Buildings 6.9 - Signs 6.10 - Off-Street Parking 6.11 - Unregistered Vehicles

ARTICLE VII ADMINISTRATION AND ENFORCEMENT

Section 7.1 - General Procedure7.2 - Building/Use Permit7.3 - Certificate of Compliance7.4 - Conditional Use7.5 - Amendments7.6 - Public Hearings7.7 - Enforcement and Violations7.8 - Appeal and Judicial Review

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7.9 - Interpretation and Effectuation


ARTICLE I - ENACTMENT AND APPLICATION

Section 1.1 - EnactmentA. The Village Board of the Village of New Berlin, County of Chenango, New York does hereby

ordain and enact the Village of New Berlin Land Use Regulations under and pursuant to the Municipal Home Rule Law and in accord with Article 7-700 Laws of the Village Law.

Section 1.2 - TitleA. This Local Law shall be known and may be cited as the "VILLAGE OF NEW BERLIN

ZONING REGULATIONS" and is hereinafter referred to as "these Regulations

Section 1.3 - PurposeA. The purpose of these Regulations is to promote the health, safety, and the general welfare of the

community and thus to lessen congestion in the streets; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements; to promote aesthetic values; and to encourage the most appropriate use of land throughout the Village of New Berlin.

B. It is further the purpose of these Regulations to consider land use and development in accord with the provisions of the Village Plan as regards the proposed settlement and density patterns and anticipated and desirable rates of population increase; to consider proposals for land use and development relative to these policies as embodied in the Village Plan in order to preserve the character and quality of life enjoyed in the Village at present; and further, to consider the ability of the responsible units of government to provide such services as would be required by the pattern of land use and development and the appropriate manner of assuring equitable participation in these costs.

Section 1.4 - ScopeA. Pursuant to the provisions of the Municipal Home Rule Law and in accord with applicable

provisions of Village Law, these Regulations authorize and empower those duly appointed or delegated by the Village Board of the Village of New Berlin to approve or disapprove Building/Use Permits and Certificates of Compliance according to the process and standards set forth herein.

B. These Regulations shall apply to the construction, installation or extension of any building, the

introduction of any new or expanded use, any change in use, and any lot, plot or parcel of land used, occupied or otherwise maintained as herein provided for in the Village of New Berlin.

C. The enactment or future amendment of these Regulations affecting a previously filed or otherwise eligible subdivision plat shall entitle the subdivider to the applicable exemption from these Regulations as provided for under Section 7-708 of the Village Law.

Section 1.5 - Rules and DefinitionsThe following words and terms, wherever they occur in this ordinance, shall be interpreted as

herein defined. Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural, the singular. The word "shall " is mandatory; the word "may" is permissive. The word "lot" shall include the words "plot", "piece"

1 and "parcel"; the

word "building" includes all other structures of every kind regardless of similarity to buildings, the phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for", and "occupied for", and the word "person" shall include any natural individual, firm, trust, partnership, association or corporation.

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ACCESSORY USE: A use customarily incidental and subordinate to the principal use or building.

AGRICULTURAL PRACTICES: The production, management and harvest of farm products, including horticultural and animal husbandry practices and products therefrom. The term includes the sale of products grown and raised directly on such land, and the necessary buildings and appurtenance construction such as barns, silos and fences which are a required part of such operation.

BASE FLOOD: Often called the 100-year flood, it has a one percent chance of being equalled or exceeded in any given year. The height of the flood is called the base flood elevation.

BUILDING: Any roofed structure intended for the shelter, housing or enclosure of persons, animals or property.

BUILDING, ACCESSORY: A supplemental building, the use of which in incidental to that of a main or principal building and located on the same lot therewith.

BUILDING AREA: The total ground floor area of a principal building and accessory buildings exclusive of uncovered porches, steps and terraces.

BUILDING COVERAGE: That portion of the lot area covered by building area and expressed as a percent of lot area.

BUILDING HEIGHT: The vertical distance measured from the average level of the proposed finished grade across each side of the building to the highest point of the roof for flat roofs and the mean height between eaves and ridge for peaked roofs.

BUILDING LINE: A line parallel with the front, side and rear lot lines, respectively, beyond which a building may not extend as determined by the required minimum yard dimensions of these Regulations.

BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which said building is situated.

BUILDING/USE PERMIT: The instrument of authorization as required under the provisions of these Regulations prior to the initiation of any action requiring such authorization and subject to the requirements and procedures specified for the action under consideration.

BUILDING COVERAGE: That portion of the lot area covered by building area and expressed as a percent of lot area.

CERTIFICATE OF COMPLIANCE: The instrument of verification as required under the provisions of these Regulations subsequent to the completion of any action for which a Building/Use Permit was required and prior to the use or occupancy of the land or building to which the Permit pertained.

CONDITIONAL USE: A use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location, or relation to the neighborhood may be permitted if specific provisions for such condition use is made in the Regulations, after application to and authorization by the Planning Board of a Permit therefor.

DWELLING, MULTIPLE FAMILY: A building or portion thereof designed for year round occupancy, containing separate dwelling units for three or more families living independently of each other and not including group quarters.

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DWELLING, ONE FAMILY: A detached dwelling unit providing complete housekeeping facilities designed for year round or seasonal occupancy by one family only, other than a mobile home.

DWELLING, SECTIONAL: Two or more factory fabricated dwelling units which are transported to the site by means other than on their own chassis where they are placed on a permanent foundation and are joined to make a dwelling unit for year round or seasonal living. The term "sectional" shall include the term "modular" and such dwelling units shall be deemed to be one, two, or multiple family dwellings, as is appropriate in the context of these Regulations.

DWELLING, TWO FAMILY: Attached dwelling units designed for year round or seasonal occupancy by two families living independently of each other, other than a mobile home or group quarters.

DWELLING UNIT: A permanent building or portion thereof designed for and providing complete housekeeping facilities for one family, including living, sleeping, cooking and sanitary facilities.

EASEMENT: A legal and binding assignment of interest by deed or contract for the specified use of a designated portion of property to other than the landowner.

ENFORCEMENT OFFICER: The duly-designated official responsible for enforcing these Regulations as prescribed herein and as directed by the Village Board.

ESSENTIAL SERVICES: The erection, construction, alteration, or maintenance by public

utilities or governmental agencies of collection, communication, transmission, distribution or disposal systems necessary for the furnishing of adequate public services or for public health, safety or general welfare, but not including buildings.

EXEMPT BUILDING/USE: A minor ancillary structure or use such as a temporary sign, childrens play or tree house, play equipment, outdoor barbecue, a dog house and like facilities common to and generally not affecting the principal use of the premises in any significant manner. Such building or use shall not require a Permit under these Regulations but shall otherwise comply with the requirements of minimum yard dimensions (setback) for accessory buildings or uses. In addition, non-structural use of land for agricultural and open space recreation use shall not require a Permit under these Regulations or be otherwise subject to the requirements set forth in Attachment I.

FAMILY: One or more persons occupying the premises, living as a single housekeeping unit, as distinguished from a group occupying a rooming house, fraternity, hotel, commune or other such group quarters.

FENCE: An upright structure of wood, stone, post, wire, rails, etc., serving to enclose, divide, support or protect.

FINAL PLAT/PLAN: The final map or drawing and supplementary information as required in Appendix "B" of these Regulations.

FLOODWAY: The watercourse channel and adjacent land area which must be reserved to carry the base flood without cumulatively increasing the base flood elevation more than one foot in height.

FLOOR AREA: The sum of the gross horizontal areas of all habitable floors of the building or buildings, measured from the exterior faces of exterior walls or from the centerlines of walls separating two buildings.

LOT LINE, FRONT: The lot line adjoining and separating the lot from any roadway right of way or shoreline.

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LOT WIDTH: Shall mean the width measured at right angles to the lot depth.

MOBILE HOME: Manufactured housing built on a chassis whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. Mobile homes shall be construed to include travel trailers, motor homes, and other forms of recreational vehicles or other units used for residential purposes.

MOBILE HOME PARK LOT: A mobile home park lot is a designated site of specific total land area which is located within a mobile home park for the accommodation of one mobile home and its occupants.

MOBILE HOME PARK: A mobile home park is any parcel or contiguous parcels of land, owned and/or controlled by the same individuals, organization or association which is planned and improved for the placement of two (2) or more mobile homes which are used as dwellings.

MOBILE HOME STAND: A mobile home stand is a durable surface located on a mobile home lot, whether a park lot or a private lot, which is to be used for the placement and capable of supporting a mobile home.

MOTOR/RECREATIONAL VEHICLE: Any passenger, recreation or service vehicle propelled by a fuel using device, including but not limited to automobiles, trucks, RV's, motorcycles and motorbikes, dune buggies, snowmobiles, tractors and motor boats.

NONCONFORMING BUILDING: A building or structure which does not conform to the requirements for location or dimension of such building or structure in the zoning district in which it is situated as regards minimum yard dimensions, maximum building height or maximum lot coverage.

NONCONFORMING LOT: Any lot of record on the effective date of these Regulations which does not conform with the minimum area and/or dimensions required in the district in which it is situated.

NONCONFORMING SITUATION: Any lot, building, use or other action regulated under the provisions of these Regulations which does not comply with the requirements therefor, but which situation existed legally on the effective date of the applicable provisions of these Regulations.

NONCONFORMING USE: Use of a building or of land that does not comply with the Standard and Conditional Use regulations for the zoning district in which it is situated and where such use existed legally on the effective date of these Regulations or their applicable amendment.

GARAGE, PRIVATE: A building for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein or space for more than one car is leased to a non-resident of the premises.

GARAGE, SERVICE: A building or part thereof operated for gain and used for the storage, hiring

1 selling, greasing, washing, servicing, or repair of motor-driven vehicles.

GASOLINE STATION: Any area of land, including structures thereon, that is used or designed to be, used for the sale of gasoline or oil or other motor vehicle fuel and which may include facilities for lubricating, washing, cleaning or otherwise servicing motor vehicles, but not including the painting or major repair thereof. The term gasoline shall be deemed to include filling station and service station.

HOME BASED BUSINESS: An occupation, profession, service or craft which is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit; is carried on by a member of the family residing in the dwelling unit and is clearly incidental and secondary to the use of the dwelling unit for residential purposes. It shall not include any use involving the exterior storage of vehicles, equipment or materials.

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JUNKYARD, MOTOR VEHICLE: Any place of storage or deposit, whether in connection with another business or not, where two (2) or more unregistered, old or secondhand motor vehicles, no longer intended or in condition for legal use on the public highways, are held, whether for the purpose of resale or used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose. Such term shall include any place of storage or deposit, for any such purposes, of used parts or waste materials from motor vehicles which, taken together, equal in bulk two (2) or more such vehicles.

LIVESTOCK: Any animal raised for profit or for any purpose other than a household pet.

LOT: A parcel of land considered as a unit, occupied or capable of being occupied by a principal building or use and accessory buildings or uses, or by a group of buildings united by a common use or interest.

LOT AREA: Any line dividing one lot from another or from an established roadway, right of way or shoreline.

LOT OF RECORD: A parcel of land described and filed as distinct and separate real property on the latest adopted County tax roll in the Office of the Chenango County Clerk on, or in conformity with the requirements herein set forth subsequent to, the effective date of these Regulations.

NURSING HOME: A dwelling where 'persons are lodged and furnished with meals and nursing care for commercial or non-profit purposes. This shall not include homes for the mentally handicapped, drug or alcohol rehabilitation patients, etc.

OPEN SPACE RECREATION: A recreation use particularly oriented to and utilizing the natural landscape and outdoor character of any are, including hiking, equestrian and recreational vehicle trail, park, picnic or beach are and similar undeveloped, outdoor, non intensive recreational structure or use.

PERSONAL SERVICE: Any service that provides individual care, and a like service, such as, but not limited to, beautician or barbershop.

PHILANTHROPIC INSTITUTION: An organization created for the express purpose of dispersing funds for humanitarian purposes.

PRELIMINARY PLAT/PLAN: The preliminary drawing or drawings and supplemental information as required in Appendix “B:: of these Regulations.

PROFESSIONAL OFFICE: A building consisting of the office of a practitioner of a recognized profession such as medical, dentist, legal, optometrist, real estate agent, photographer, or similar profession, but not including personal services.

PROTEST PETITION: A protest against an amendment to these Regulations filed by the owners of 20 percentum or more either of the area of the land included in such proposed change or of that immediately adjacent extending 200 feet therefrom or of that directly opposite thereto extending 200 feet from the street frontage of such opposite land, the filing of which shall dictate that such amendment shall not become effective except by the favorable vote of a least three-fourths (3/4) of the members of the Village Board.

PUBLIC/SEMI PUBLIC FACILITY, INSTITUTION: A structure, use or land designed and maintained as a public, municipal or quasi-public facility for education, religious, health, recreation, transportation, fire and police protection, and like not for profit public and municipal functions.

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RECREATIONAL CAMPSITE: A parcel of land designed to accommodate ten (10) or more recreational living units or other accommodation for seasonal or other more or less temporary or transitory living arrangements, including buildings and facilities thereon.

RECREATIONAL LIVING UNIT: A mobile recreational housekeeping unit including travel trailer, pickup camper, converted bus, tent trailer, camper trailer, tent or similar device used for temporary portable housing.

RESEARCH & TESTING LABS: A facility created for the express purpose of conducting laboratory research, analysis and testing.

RESTAURANT/BARS: A commercial establishment that prepares and serves food and/or alcoholic beverages to the public.

ROOMING HOUSE: A dwelling or that part of a dwelling in which rooming units are offered for pay.

SAINAGE YARD: An establishment having the facilities for processing iron, steel or nonferrous scrap and whose principal produce is scrap iron or steel or nonferrous scrap for sale for remelting purposes only.

SHOPPING CENTER: A structure containing two (2) or more commercial enterprises.

SHORELINE: A point at which land and water meet as determined by the mean high water elevation of the body of water.

SIGN: Any device affixed to, painted or represented directly or indirectly upon a building, structure or land and which directs attention to an object, product, place, activity, person, institution, organization or business. Each graphic display surface shall be considered to be a "sign".

SIGN, ADVERTISING: A sign which announces and directs attention to a business or profession conducted on a commodity, service or entertainment sold or offered elsewhere than upon the premises where such sign is located.

SIGN AREA: The area of a sign shall be that, as determined by circumscribing the exterior sign base width with a right triangle, or other geometric form connecting all extreme parts. Each face of a double face. sign is included in the computation of such sign area.

SIGN, BUSINESS: A sign which direct attention to a business or profession conducted, or a commodity, service or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed.

SIGN, DOUBLE FACE: Any sign designed to be viewed from two (2) directions and which at no point is thicker than thirty six (36) inches measured from the exterior surface of each face and the two (2) faces of the sign are either parallel or the angle between them is thirty (30) degrees or less. Such sign shall be considered as one (1) sign.

SIGN ERECTION: To build, construct, attach, hang, place, suspend, affix or paint a sign.

SIGN, FLASHING: Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of these Regulations, any revolving, illuminated sign shall be considered a flashing sign.

SIGN, ILLUMINATED: Any sign containing electrical wiring or lighted by an exterior or interior light source.

SIGN, NONCONFORMING: A sign which was legally installed prior to the effective date of these Regulations, but which is in conflict with the provisions thereof.

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SIGN, TEMPORARY: A sign erected for a non permanent purpose such as to announce a forthcoming event or for the purpose of sale, rent or project notification, which sign shall be designed to be removed upon completion or termination of the purpose for which it was temporarily placed.

STANDARD USE: A use permitted in one or more of the respective zoning districts, upon application for and issuance of a Permit by the Enforcement Officer in accord with the standards applicable thereto.

STORAGE CONTAINER: See Building, Accessory STORAGE UNIT: See Building,

Accessory

STREET: Includes street, roads, avenues, lanes, or other traffic ways for a neighborhood or as a feeder to a major street.

STREET, COLLECTOR: A street which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major street.

STREET, DEAD END OR CUL-DE-SAC: A street or a portion of a street with only one vehicular traffic outlet.

STREET, MAJOR: A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.

STREET, MINOR: A street intended to serve primarily as an access to abutting residential properties.

STREET PAVEMENT: The wearing or exposed surface of the roadway used by vehicular traffic.

STREET, Width: The width of a right-of-way, measured at right angles to the center line of the street.

STRUCTURE: Any permanent, man made building, assembly or installation in conjunction with the principal or accessory use of a lot, other than an exempt use, affecting the principal or accessory use of the property so as to require a Permit under these Regulations.

SWIMMING POOL: An outdoor pool designed and built for swimming purposes as an accessory use on the same parcel as the principal use, for use primarily by the occupants or tenants of said property. Such pool shall include any permanent, under or above ground pool and any portable pool more than three (3) feet in height and fifteen (15) feet in length 6r diameter.

TOURIST HOUSE: Any permanent building or part thereof, which is used or occupied for the overnight accommodation of transient quests and for which compensation is given. The term includes tourist homes, tourist cabins, autocourts and motels, but does not include camps or trailer camps.

USE: The specific purpose for which land, a building or a structure is designed, arranged,

USGS: United States Geological Survey.

VARIANCE: An authorized departure by the Board of Appeals from the Terms of these Regulations where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Regulations would result in practical difficulty or unnecessary hardship as

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these requirements have been differentiated between and according to the criteria for each established in these Regulations and in case Law.

VILLAGE ENGINEER: A licensed professional engineer or other individual duly designated by the Village Board to carry out his duties.

VILLAGE PLAN: A comprehensive plan prepared for and by the Village setting forth the objectives and policies with regard to that general physical development of the Village, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

WALL: See definition for FENCE

YARD DIMENSION, MINIMUM: The required minimum distance between the street right of way or shoreline and the front building line, or the side or rear lot line and the side or rear building line, as specified in Schedule B of the Zoning Regulations and as elsewhere referred to in these Regulations.

YARD, FRONT: The open space on the same lot with a building or use between the front line of the building or use and the front lot line, extending the full width of the lot.

YARD, REAR: The open space on the same lot with a building or use between the back or rear line of the building or use and the rear lot line, extending the full width of the lot.

YARD, SIDE: The open space on the same lot with the building or use between the side of the building or use and the side lot line, extending from the front yard to the rear yard.

ARTICLE II - GENERAL PROVISIONS

Section 2.1 INTERPRETATION OF REGULATIONS.A. Minimum Requirements. The provisions of this zoning ordinance shall be held to be the

minimum requirements for the promotion of the public health, safety and welfare.B. Relationship With Other Laws. Where the conditions imposed by any provision of this zoning

ordinance upon the use of land or buildings, or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this ordinance or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

C. Affect on Existing Agreements. This ordinance is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this ordinance are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this ordinance shall govern.

Section 2.2 Application of RegulationsA. Except as otherwise provided in these Regulations:

1. No building shall be erected, constructed or extended; and no land or building or part thereof shall be used for any purpose or in any manner, except as permitted for the district in which such building or land is located as set forth under the list of permitted Standard and Conditional Uses.

2. No building shall be erected, constructed or extended, nor shall any open space surrounding any building be encroached upon or reduced in any way, except in accordance with the lot, yard and building requirements of these Regulations for the district in which such building is, or is proposed to be located.

3. No required yard or other open space surrounding any building shall be considered as providing the requisite yard or open space area for another building on the same or any other lot.

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4. No lot, yard, setback, parking area or other space shall be so reduced in area, dimension or capacity as to make said area, dimension or capacity less than the minimum required under this ordinance, said area, dimension or capacity shall not be further reduced.

B. Responsibility. The final responsibility for the conforming of buildings and use to the requirements of this ordinance shall rest with the owners of such building or use and the property on which it is located.

Section 2.3 Lot Area and DimensionA. Contiguous Parcels. When two or more parcels of land, each of which lacks adequate area and/or dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership

1 they shall be used as one zoning lot for such use.

B. Lots or Parcels of Land of Record. Any single lot or parcel of land, held in one ownership, which was of record at the time of adoption of this ordinance, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use, provided that yards, courts or usable open spaces are not less than seventy-five percent of the minimum required dimensions of areas.

Section 2.4 Access to Public Street Except as otherwise provided for in this ordinance, every building shall be constructed or erected upon a lot or parcel of land which abuts upon an existing or plotted street, unless a permanent easement of access to a public street was of record prior to the adoption of this ordinance.

ARTICLE III - ESTABLISHMENT OF DISTRICTSSection 3.1 - Purpose

A. In furtherance of those general purposes outlined above, it is the objective of these Regulations to define various appropriate categories of residential, commercial and open space districts in such manner as to recognize the existing character and quality of land uses and natural features throughout the Village and in accord with the Village Plan.

Section 3.2 - DistrictsA. The Village of New Berlin is hereby divided into the following districts:

CR - Commercial/Residential DistrictRL - Low Density Residential DistrictR - Residential DistrictC - Commercial DistrictI - Industrial DistrictFW - Flood WayP - Public/Semi Public

CR - COMMERCIAL/RESIDENTIAL DISTRICT

In this District, commercial properties remain commercial, but may convert to residential. Residential properties remain residential and may not convert to commercial.

RL - LOW DENSITY RESIDENTIAL DISTRICT

This area is as yet relatively undeveloped, but is so designated for additional residential growth because of its high potential for future development. This district will provide a type of development which will be suburban in character and which is located adjacent to higher density districts.

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R - RESIDENTIAL DISTRICT

Most of this area is residential at this time and is provided with public water; Therefore a higher intensity of development is warranted.

C - COMMERCIAL DISTRICT

The commercial district is found adjacent to the central area of the Village. The purpose of this district is to cluster the commercial enterprises where such uses currently exist, and to provide a convenient, prosperous location for a commercial hub.

INDUSTRIAL DISTRICT

This district provides for any manufacturing, compounding, processing, packing, treatment, or warehousing of goods and products.

FW - FLOODWAY DISTRICT

The floodway includes the channel of the river and the adjacent floodplain that must be reserved in an unobstructed condition in order ~o discharge the base flood without increasing flood levels by more than one foot. The Federal Emergency Management Agency requires a community to designate a floodway to avoid the possibility of significantly increasing upstream flood elevations. Development which should cause any additional rise in base flood elevations is prohibited within the floodway.

P - PUBLIC/SEMI PUBLIC

This is not considered a district. These properties are owned by a municipality, government agency or other institution.

Section 3.3 - Zoning MapThe areas and boundaries of such districts are hereby established to scale as shown on a map entitled

"Zoning Map" of the Village of New Berlin adopted and certified by the Village Clerk, and referred to herein as the zoning Map". Said Zoning Map, together with everything shown thereon, is hereby adopted by reference and declared to be a part of this local law.

Section 3.4 - Interpretation of District BoundariesWhere uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the

Zoning Map, the following rules shall apply:

I. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.

2. Boundaries indicated as approximately following town limits shall be construed following such town limits.

3. Boundaries indicated as approximately following the center lines of streams, lakes, or other bodies of water shall be construed to follow such center lines.

4. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.

5. Where physical or cultural features existing on the ground are at variance with the Zoning Map, or in other circumstances not covered by subsections above, the Zoning Board of Appeals shall interpret the district boundaries.

ARTICLE IV - DISTRICT USE REGULATIONS

Section 4.1 - Schedules of District Use Regulations

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The requirements and limitations set forth in this article in tables entitled "District Use Regulations, Schedule A and "District Use Regulations, Schedule B", with all explanatory matter thereon, are hereby made a part of this ordinance and shall apply in the respective districts as indicated.

Section 4.2 - District Use Regulations, Schedule A The uses which are permitted in the specified zoning districts and for which the Enforcement Officer

may issue a permit, and the special uses requiring the approval and a permit from the Zoning Board of Appeals are set forth in the following table entitled "District Use Regulations, Schedule A" which is Section 4.2 of this article. Uses not listed or interpreted by the Zoning Board of Appeals to be included categorically under this section shall not be permitted except by amendment to this ordinance.

Section 4.3 - Planned Unit DevelopmentsWithin the RL District, land and buildings may be used for any legal purpose, but not restricted to single

family subdivisions, and multiple housing developments in coordinance with the following procedure:

A. Planned Unit Developments shall comprise at least five (5) acres.B. Application for establishment of a Planned Unit Development shall be made to the Village Board.

The Village Board shall refer the application the Village Planning Board for consideration. C. The Planning Board shall require the applicant to furnish such preliminary plans, drawings and

specifications as may be required for an understanding of the proposed development. In reaching its decision on the proposed development, the Planning Board shall consider, among other things, the need for the proposed use in the proposed location, the existing character of the neighborhood in which the use would be located and the safeguards provided to minimize possible detrimental effects of the proposed use on adjacent property.

D. The Planning Board shall approve with modifications, or disapprove such application and shall report its decision to the Village Board.

E. The Village Board shall hold a public hearing on the proposal, with public notice as provided by law in the case of an amendment to the zoning ordinance.

F. The Village Board may then approve the Planned Unit Development so as to define the boundaries of the Planned Unit Development accordingly, but such action shall have the effect only of granting permission for development of the specific proposed use in accordance with the specifications, plans and elevations filed with the Village Board.

Section 4.4 - Planned Unit DevelopmentsWithin the RL District, land and buildings may be used for any legal purpose, but not restricted to single

family subdivisions, and multiple housing developments in coordinance with the following procedure:A. Planned Unit Developments shall comprise at least five(5) acres.B. Application for establishment of a Planned Unit Development shall be made to the

Village Board, the Village Board shall refer the application to the Village Planning Board for consideration.

C. The Planning Board shall require the applicant to furnish such preliminary plans, drawings and specifications as may be required for an understanding of the proposed development. In reaching its decision of the proposed development, the Planning Board shall consider, among other things, the need for the proposed use in the proposed location, the existing character of the neighborhood in which the use would be located and the safeguards provided to minimize possible detrimental effects of the proposed use on adjacent property.

D. The Planning Board shall approve with modifications, or disapprove such application and shall report its decision to the Village Board.

E. The Village Board shall hold a public hearing on the proposal, with public notice as provided by law in the case of an amendment to the zoning ordinance.

F. The Village Board may then approve the Planned Unit Development so as to define the boundaries of the Planned Unit Development accordingly, but such action shall have the effect only of granting permission for development of the specific proposed use in accordance with the specifications, plans and elevations filed with the Village Board. In the event the Planning Board has disapproved

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such proposal, or approved with modifications which the applicant is not willing to make, an affirmative vote of at least three (3) members of the Village Board shall be required to establish such Planned Unit Development.

ARTICLE V - NON-CONFORMING BUILDINGS AND USES

Section 5.1 - Continuance of UseExcept as otherwise provided herein, any lawfully established use of a building or land existing at the time of the enactment of this ordinance or amendments thereto may be continued although such use does not conform with the provisions of this ordinance.

Section 5.2 - Nonconforming SituationsThe lawful use of any land or principal or accessory building or use requiring a Permit under these Regulations and existing on their effective date may be continued although such building or use does not conform with the provisions of these Regulations, subject only to the following:

1. A nonconforming building or use shall not be added to or enlarged in any way that will extend the nonconforming features unless such nonconforming building or use is made to conform to the regulations of the district in which it is located.

2. A nonconforming use may be changed to another nonconforming use on]y upon a determination, by the Board of Appeals as elsewhere provided for and according to the variance procedures under these Regulations, that such change represents an improvement to the existing use and its relationship to adjoining uses.

3. A nonconforming building or use once willfully removed and not thereafter reintroduced for a period of one (1) year shall not be subsequently reintroduced or replaced other than by a conforming building or use.

4. Whenever a nonconforming use has been discontinued for a period of one (1) year, any future use shall be in conformity to the provisions of these Regulations.

5. A nonconforming building or use which has been damaged or destroyed by fire or other natural causes may be restored, reconstructed or used as before, provided the bulk, height and area requirements shall not exceed that which existed before said damage. Said restoration must be completed and a Certificate of Compliance issued within one (1) year of such occurrence, except as application may be made to and considered by the Board of Appeals which Board, for due cause shown, may authorize such extensions as it may determine appropriate.

6. Any building or use for which a Permit has been lawfully granted, and on which construction has been started and diligently prosecuted before the effective date of these Regulations or their amendment, may be completed.

7. Nothing in the foregoing shall be interpreted to preclude the improvement of a nonconforming building or use to a safe and sanitary condition when it is in the interest of the health, safety and welfare to allow for such improvement. Restoration made under this provision shall allow for only those minimum improvements necessary to correct an unsafe or unsanitary condition and shall not violate the purpose and interest of this section to limit the -expansion and extension of nonconforming situations.

ARTICLE VI - SUPPLEMENTARY REGULATIONSSection 6.1 Application

In addition to all other requirements set forth in this ordinance, the following supplementary regulations shall apply, except as herein specified, in all zoning districts created by this ordinance and all amendments hereto.

Section 6.2 Performance RequirementsNo land or building in any district shall be used or occupied in any manner so as to

create any dangerous, injurious, noxious or otherwise objectionable element or condition and a

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zoning permit shall not be issued therefor unless the following performance requirements are observed to the satisfaction of and approved in writing by the Village Zoning Board of Appeals and the Chenango County Health Department.

A. Air Pollution. No pollution of air by flyash, dust vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property, or which can cause excessive soiling.

B. Water Pollution. No pollution of water by chemicals or other substances shall be permitted which is unhealthful to animal or plant life as determined by the Chenango County Health Department.

C. Fire Hazard. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire fighting and suppression equipment and by such other safety devices as are normally used in the handling of such materials.

D. Radioactivity or Electrical Disturbance. No activity shall emit dangerous radioactivity or electrical disturbance at any point where it may adversely effect other land uses in the Village.

E. Smoke. Smoke which is of a shade equal to or darker than No. 1 on the Standard Ringleman Chart as issued by the U.S. Bureau of Mines, shall not be emitted for longer than three minutes except when building a new fire, blowing tubes, or breakdowns, then a No. 3-can be emitted for no longer than three minutes in a thirty minute period, as determined by the Chenango County Health Department.

F. Erosion. No erosion by either wind or water shall be permitted which will carry objectionable substances onto neighboring properties. Conservation measures constructed shall require approval of the Chenango County Soil and Water Conservation District.

Section 6.3 Regulation for FloodwayA. No permanent structures shall be permitted in the Floodway District.B. The following regulations shall apply in all areas designated as Floodway

Districts.1. Any structure that is permitted shall be firmly anchored to prevent

flotation.2. Any structure that is permitted shall be constructed in a manner that

offers the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of flood water.

3. Fill Any fill proposed to be deposited in the Floodway or Flood Fringe District must be shown to have some beneficial purpose as demonstrated by a plan submitted by the owner. Such fill shall be protected against erosion by rip-rap, vegetation cover or bulkheading.

4. Other Materials Storage of materials that are not contrary to the provision of this ordinance are permitted, providing they are firmly anchored to prevent flotation or readily removable from the area.

5. Obstructions. Any structure or material which may impede, retard or change the direction of the flow of water or that which will catch or collect debris carried by such water, or that is placed where the stream either at natural or flood stage could carry the matter downstream to the damage or detriment of property adjacent to the flood plain shall not be permitted.

6. Service Facilities. Any facility, including electrical and heating, shall be constructed at or above the regulatory flood protection elevation for the particular area or flood proofed.

D. With the construction of flood control facilities approved by the Village Planning Board and the New York State Conservation Department, permits may be granted in the Floodway District for the same uses that are permitted in the non-floodway district nearest it on the zoning map.

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Section 6.4 - Mobile Home Parks and Mobile Homes.A. Mobile Home Parks. Where permitted in Section 4.2 District Use, Regulations Schedule A of this ordinance, a mobile home court shall conform to the following requirements:

1. An application for a mobile home park permit shall be filed with and issued by the Village Clerk subject to the approval of the Chenango county Health Department and a resolution from the Village Board approving issuance of the permit. The application shall be in writing, signed by the applicant and shall include the following:

a. Name and address of applicant.b. Location and legal description of the park.c. A complete plan of the park in conformity with the following:

1. Shall be located on a well drained site, properly graded to insure rapid drainage.

2. Shall contain a minimum of 10-15 acres.

3. Mobile home spaces shall be provided consisting of a minimum of 5000 square feet for each space which shall be at least 60 feet wide and clearly defined.

4. Each mobile home shall be placed on a mobile home stand which shall be constructed to provide adequate support for the placement and anchoring of the mobile home.

5. There shall be at least a 20 foot clearance between mobile homes and any permanent structure on or adjacent to the park.

6. All mobile homes shall abut upon a driveway of not less than 20 feet in width and 10 feet in length which shall have unobstructed access to a public street or highway.

7. An adequate and tested supply of pure water for drinking and domestic purposes shall be supplied to all mobile home spaces within the park. 8. No mobile home shall be located closer than 40 feet to any property line or 25 feet from any street right of way line.

9. A combined sewage treatment and disposal system shall be provided as recommended and approved by the Chenango County Health Department.

10. Adequate garbage disposal facilities, as approved by the Chenango County Health Department, shall be provided.

11. Every park shall have a fire protection plan approved by the Fire Department having local jurisdiction.

12. Every park operator shall keep a complete register of occupants which shall be available for inspection at all time by the enforcement and health officials.

2. Supplemental Permit Any person holding a permit for a mobile home park and desiring to add additional lots to such park, shall file an application for a supplemental permit.

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3. The Village Board may revoke any permit to maintain and operate a park when the licensee has been found guilty, by a court of competent jurisdiction, of violating any provision of this ordinance.

B. Mobile Homes. No mobile home, trailer or other habitable vehicle shall be permitted to locate in the Village of New Berlin in any district as specified under Section 4.2 District Use Regulations Schedule A of this ordinance except under the following conditions:

1. The mobile home shall be located as the principal use on a lot containing not less than that required for a single family dwelling as determined in Schedule A.

2. The mobile home shall contain a minimum area of 600 square feet.

3. Plans shall be submitted to the Chenango County Health Department for approval, showing water supply, sewage disposal, drainage, and refuse disposal.

4. The mobile home shall adhere to the requirements established for a single family dwelling in Schedule A..

5. The mobile home shall be placed on a permanent type foundation with skirting or solid type material screening the space between the mobile home floor and the ground.

6. Mobile homes, dependent on another dwelling for its utilities, other than recreational or vacation trailers with a special permit, shall not be located within the Village.

7. Recreation or vacation trailers may be located and used in the Village with a 30 day permit obtained from the Village Clerk. Said permit may be renewed by the Clerk for a total consecutive period up to ninety (90) days with the approval of the code enforcement officer. Individual recreation or vacation trailers owned by residents of the Village may be stored on the property of the owner for an unlimited period provided that no residence is taken therein or business conducted therewith.

Section 6.5 Motor Vehicle Junkyards and Salvage YardsWhere permitted in Section 4.2 of this ordinance as a special use with the Board of Zoning Appeals approval, all motor vehicle junkyards and salvage yards shall conform to the following requirements:

A. The permittee must personally manage or be responsible for the management of the activity or business for which the permit is granted.

B. The permittee must maintain an office and a sufficient number of employees on the premises to assure the proper and safe conduct of such activity or business, to minimize the fire hazard therefrom and to prevent improper trespass thereon by children and others.

C. The permittee must erect and maintain in good condition a solid eight foot fence of wood or of other acceptable material, adequate to prohibit the entrance of children and others into the area of the activity or business and to contain within such fence the materials dealt in by the permittee and if such area abuts a residential area or public street or highway, such fence shall be at least fifty (50) feet from the boundary line of right of way thereof. All materials dealt in by the permittee shall be kept within such fence at all times.

D. When the area is not supervised by the permittee or his employees, the fence shall be locked.

E. The area of the permittee's activity or business shallnot be used as a dump area or as a place for the burning and disposal of junk or trash.

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F. The Village Police1

the Village Clerk, or the Village Board or any of its

representatives shall be granted access to the area of the activity or business of the permittee at all reasonable hours to inspect the same for compliance herewith.

G. No person shall keep or maintain more than one junk yard a single location by virtue of one permit.

H. Open fires are prohibited. Requests for special burning permits may be made to the New York State Department of Environmental Conservation.

I. The autos, parts and materials dealt in by the permittee shall be disassembled or dismantled by means other than by burning. They shall be piled less than seven feet high and arranged in neat rows so as to permit easy, clear passage through the area.

J. There shall be maintained at each such place of activity or business for which a permit is issued at least one (1) fire extinguisher of approved design and capacity for each 40,000 square feet of area. Each such fire extinguisher shall be hung or mounted in a conspicuous place, clearly marked and available.

Section 6.6 Control of ExcavationWhere permitted in Section 4.2 of this ordinance, all mining, quarrying, removal and carrying off of top soil, and sand and gravel extraction shall conform to the following requirements:A. The permittee must personally manage or be responsible for the management of the activity or business for which the permit is granted.B. The permittee must submit to the Village Planning Board a plan of operation including final grading and seeding of excavation site.

C. No excavation shall take place 'within 1000 feet of any inhabited dwelling except upon the written consent of the owners and residents of such dwelling located within such 1000 feet of the excavation site.D. No excavation shall be performed or proceed to such a depth as to diminish, pollute or impede the water available to any such person drawing water from a private well located within 2000 feet of such excavation.E. During any such excavation for sand, gravel or soil,

the permittee shall be responsible

for protection of excavation by the use of fences or natural barriers, once the excavation has proceeded to a depth of six feet or more below original gravel level unless such excavation is leveled for or to such depth for a circumferential area of at least 100 feet.F. Following completion of such excavation operation for sand and gravel as herein referred to and within 30 days thereafter it shall be the obligation of the permittee to provide for a leveling of such excavation site as to remove and prevent holes and depressions in which water may settle to depth in excess of six inches.

Section 6.7 Fences and WallsA. On a corner lot in any district where a front yard is required, no fence, wall or solid screen planting more than three (3) feet in height shall be erected, placed or maintained which obstructs visibility from the roadway or otherwise interfered with the movement of vehicular traffic. Said fence, wall or planting must be positioned no closer to the road wedge than the inside edge of sidewalks, or ten (10) feet from the road edge, where no sidewalk exist.B. Fences, walls or solid screen planting other than on a corner lot cannot exceed a maximum of six (6) feet in height. Said fence, wall or solid screen planting may be placed no closer to the road edge than the inside edge of sidewalks, or ten (10) feet from the road edge where no sidewalks exist.

Section 6.8 Accessory Buildings, Storage Containers and Storage UnitsA. On any lot, accessory buildings or uses in connection with the principal structure and use may be constructed and located subject to the following:

1. All accessory buildings, storage containers and storage units or uses shall require a permit to be issued to their initiation as elsewhere required in these Regulations; except where specifically exempt.

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2. An accessory building., storage container or storage unit attached to a principal residential building or an accessory building, storage container or storage unit, attached to other than a residential use, whether attached to the principal structure or not, shall comply in all respects with the requirements of these regulations applicable to the principal building.

3. No accessory building, storage container or storage unit, or enclosure shall be constructed or located to house livestock, other than a domestic household pet, within the incorporated Village.

4. Maximum height of any accessory building, storage container or storage unit shall not exceed the height of the principal building.

B. A private, outdoor swimming pool shall be permitted as an accessory use to a dwelling unit only in accordance with the following regulations:

1. Such pool shall be accessory to a principal residential use and shall be erected only on the same or contiguous lot as the principal structure.

2. Such pool may be erected or constructed only in the side or rear yard of the lot.

3. Such pool shall be adequately fenced at a minimum of four feet in height in order to assure that it will be used only by those persons having approved entrance to the pool.

4. Such pool shall be adequately screened or otherwise situated so as not to be obtrusive from the public right of way or to present a nuisance to any adjoining use.

5. All lighting or other appurtenances shall be so arranged as not to interfere with neighboring uses.

C. In addition, a swimming pool to be constructed or installed as an accessory use to a motel, tourist or like accommodation or as part of any commercial or club facility shall be permitted after application to and issuance of a permit therefor by, the enforcement officer. Such swimming pool shall be so located in accord with acceptable engineering standards and any applicable state requirements.

D. A building, mobile home- trailer or other structure, accessory to a construction project for office, storage, or related construction use may be permitted upon issuance of a permit by the enforcement officer, such installation to be temporary and continued only for the duration of the construction project to which it is accessory and according to the following:

1. Such permit will be issued only in conjunction with the construction of an approved use for which a permit has also been issued and a Certificate of Compliance applied for.

2. Such temporary facility shall not be designed or used for living accommodations except for the non-permanent accommodation of a clerk of the works or night watchman, and shall be promptly removed upon completion of the construction project or part thereof to which it is accessory, such date to be determined by the enforcement officer.

3. Upon notice from the enforcement officer, the permit shall expire and the rights and privileges thereunder shall be vacated. Failure to remove such installation in a prompt manner after notice by the enforcement officer shall be considered violation of the regulations.

Section 6.9 SignsA. General Regulations - The following regulations shall apply to all signs.

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1. No sign shall be erected, altered or extended without a permit therefor, except as specifically hereinafter exempt.

2. Signs must be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated.

3. Signs other than a official traffic sign, shall not be erected within the right of way lines of any street or highway and not project beyond the authorized property lines, except where no other provision is possible in which case the Board of Appeals, in accordance with the variance procedures elsewhere provided for in these regulations, shall make a determination relative thereto.

4. No sign shall physically or visually impair vehicular or pedestrian traffic by design, illumination, color or placement. All signs shall have sufficient clearance so as to provide clear and unobstructed visibility for vehicles entering and leaving the highway and, if illuminated, the light shall not be directed toward any public highway or adjacent residential use.

5. Temporary signs, including handbills, posters, flyers, announcements or advertisements shall not require a permit. They shall, however, comply with all other requirements of these regulations and shall further not be attached to fences, utility poles or trees or any other natural feature of the landscape. All such temporary signs shall be removed within thirty (30) days from their date of placement or such shall no longer be classified as temporary and will require a permit as elsewhere provided in these regulations. No temporary signs may be permitted for longer than a total of 90 days in a calendar year.

6. No sign or part thereof shall contain or consist of banners, pennants, ribbons, streamers, spinner., or moving, fluttering or revolving devices of any kind; and further, no moving, flashing, rotating or otherwise non stationary sign shall be permitted, except as temporary signs as per #5 above.

7. No flashing or intermittently lighted permanent sign shall be permitted. No neon sign or part thereof shall exceed two (2) square feet.

B. In all districts the following signs are permitted:

1. One sign not to exceed four (4) square feet of sign area, showing the name and address of the resident or a permitted use associated with the premises.

2. One sale or rental sign not to exceed eight (8) square feet of sign area during and pertaining to the sale, lease or rental of the land or building. Such sign shall be removed promptly upon completion of such transaction.

3. One artisan sign not to exceed eight (8) square feet of sign area during and pertaining to construction, repairs or alterations on the property. Such sign shall be removed promptly upon completion of the work.

4. One institutional or religious identification sign not to exceed sixteen (16) square feet in area.

5. One principal and one accessory business sign for any existing or permitted commercial use provided that the gross surface area of the principal business sign shall not exceed two (2) square feet per lineal foot of building frontage, but in no case shall exceed thirty two (32) square feet, and the accessory business sign shall not exceed fifty (50) percent of the area of the principal sign.

C. In Commercial (C) and Industrial (I) Districts, the applicable signs above are permitted, and in lieu of the business signs permitted above, the following:

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1. One (1) principal sign and accessory business signs for any existing or permitted commercial use provided that the gross surface area of the business signs shall not exceed three (3) square feet per lineal foot of building frontage, but in no case shall exceed seventy-two (72) square feet.

2. A maximum of two (2) on premise directional signs not to exceed, either singularly or in combinations, twelve (12) square feet.

Section 6.10 Of f Street Parking and Loading RequirementsIn all districts in connection with every residential, commercial, industrial, institutional or other use, there shall be provided at any time any building or structure is erected, enlarged or increased in capacity, off street parking spaces for automobiles in accordance with the following requirements.

A. Each off street parking- space shall have an area of not less than 160 square feet exclusive of access drives or aisles, and shall be of usable shape and surface.B. Adequate access shall be provided to all parking spaces. Where a lot does not abut on a private or public access drive, an access drive of not less than 18 feet in width, in all other cases leading to the parking area shall be required.C. The number of off street parking spaces to be provided shall not be less than the following:

UseParking Spaces Required

Residential One per dwelling unit

Rental Units, Motels One per rental room or unit& Hotels

Church or School One for each four seats inprincipal gathering room

Restaurant One for every four seats

Golf Course Six for each hole

Private Club or Lodge One for each ten members

County Club One for each five members

TheaterOne for every four seats

Offices, clinics, wholesale One for every 300 square feet establishments & business services of floor space

Retail store or personal service One for each 100 square feet of floor establishment space

Industrial uses One for each two employees on the maximum working shift

Hospital One for every three beds and one for each two employees on the maximum working shift

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Sanitarium or convalescent home One for every three beds and one for each two employees on the maximum working shift

Dance hall, assembly or exhibition One for each 100 square ft. of floor areahall, night club, cafe or similar recreation establishment

Bowling Alley Five for each alleyMortuary or funeral home One for each 75 square feet

of floor areaPublic swimming pool One for each 40 square feet

of pool area

D. Every building having a gross floor area of 10,000 square feet or more, requiring the loading or unloading of trucks, shall provide and maintain at least one off street loading space plus one additional space for each additional 100,000 square feet of gross floor area or fraction thereof. Each loading space shall be not less than 10 feet in width, 25 feet in length and 14 feet in height.

Section 6.11 Unregistered Vehicles

Only one (1) unregistered motor vehicle will be permitted per lot and more than one (1) will constitute a motor vehicle junkyard when parked outside a building structure or garage for more than thirty (30) days. In no case shall the unregistered vehicle be parked in front of any dwelling.

ARTICLE' VII _ ADMINISTRATION AND ENFORCEMENT

Section 7.1 - General ProcedureGeneral Sequence of Steps. All persons desiring to undertake any new construction, structural alteration, or changes in the use of a building or lot shall apply to the Enforcement Officer for a Permit by filling out the appropriate application form and by submitting the required fee. The Enforcement Officer will then either issue or refuse the Permit or refer the application to the Zoning Board of Appeals. After the Permit has been received by the applicant, he may proceed to undertake the action permitted in the Permit and upon completion of such action, shall apply to the Enforcement Officer for a Certificate of Compliance allowing the premises to be occupied.

Section 7.2 - Building/Use PermitA. Permit Required - Any one or combination of the following shall require a Building/Use Permit under these Regulations.

1. The construction, erection or location of any new building or use;2. The expansion or addition in any way that would alter the exterior dimensions of an existing

building or use; and3. The introduction, expansion or change of any use.

The above shall apply throughout the incorporated area of the Village with the exception that a building or use defined as "Exempt Building/Use" as set forth in Section 1.5 Definitions shall not require a Permit.

B. Application - There shall be submitted with all applications for a Building/Use Permit, three (3) copies of a layout or plot plan drawn to scale and including the items of information as set forth in Appendix "B" which is hereby made a part of these Regulations and such other information as may be necessary to make a determination under and provide for the enforcement of these Regulations as stipulated by the Enforcement Officer. An application for a Certificate of Compliance shall be made coincidental with any application to be valid for the duration of the Permit.

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C. Notification of Determination - The Enforcement Officer will review the application and notify the applicant of the approval, disapproval, or such further review or other procedures as may be necessary within ten (10) days. Notice of refusal to issue any Permit shall be given to the applicant in writing and shall state the reasons for said refusal. Approval of the application shall be indicated by -issuance of the Building/Use Permit. In any instance where the Enforcement Officer determines the need for review, comment or determination by the Planning Board, Board of Appeals or Village Board, the time within which the applicant must be reviewed and notification given is automatically extended, upon written notice to the applicant, to ten (10) days following the regularly scheduled monthly meeting of the appropriate Board.

D. Duration of Validity - Any building or use authorized by the issuance of a Building/use Permit shall be initiated within three (3) months of the date of issuance and be completed and a Certificate of Compliance issued within eighteen (18) months of the date of issuance or such Building/Use Permit shall thereafter be deemed null and void; except when application is made to the Board of Appeals for an extension of validity and the Board authorized such extension as it may determine appropriate.

Section 7.3 - Certificate of ComplianceA. Certificate Required - No building or use requiring a Permit under these Regulations shall be used, occupied or put in operation until a Certificate of Compliance shall have been issued by the Enforcement Officer.

B. Application - Application for a Certificate of Compliance shall be made coincidental with any application for a Building/Use Permit. Such application shall be valid for the duration of the validity of the Permit.

C. Notification of Determination - The Enforcement Officer shall make or cause to have made an inspection of each building or lot for which a Certificate of Compliance is required before issuing such Certificate. Any underground installation shall be inspected and approved prior to its being covered over. A Certificate of Compliance shall be issued only if the proposed building or use conforms to the provisions of these Regulations and to that plot plan, purpose and description for which the Building/Use Permit was issued. Issuance of the Certificate or written notification of refusal to issue the same and the reasons therefor are to be accomplished within ten (10) days from the date of notification of project completion.

Section 7.4 - Conditional UsesA. Process - On application, the Zoning Board of Appeals may authorize the Enforcement Officer to grant a Permit for any use for which approval of the Board is required by these Regulations according to the following:

1. The Zoning Board of Appeals shall consider the application and render its decision within forty-five (45) days from the date of submission and render its determination within forty-five (45) days of the date of the hearing if such hearing is held; except as such time may be extended by mutual written agreement between the applicant and the Board. Consideration of the application at public hearing shall be optional at the discretion of the Zoning Board of Appeals.

2. Notification of the Zoning Board of Appeal's decision to authorize or deny the Permit and the reasons therefor, will be given in writing to the Enforcement Officer and filed with the Village Clerk within five (5) days of the date of the Board's decision and a copy of the Board's determination furnished to the applicant upon request.

3. The Enforcement Officer shall issue or deny the Permit in accord with the direction of the Zoning Board of Appeals.

Section 7.5 - Amendments

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A. The Village Board may on its own notion, on petition, or on recommendation of the Planning Board or Board of Appeals, amend the Regulations pursuant to the applicable requirements of law.B. All proposed amendments originating by petition, or by motion of the Village Board shall be referred to the Planning Board for a report and a recommendation thereon. The Planning Board shall submit its report within thirty (30) days after receiving such referral. Failure of the Planning Board to report within the required time shall be deemed to constitute their recommendation for approval of the proposed amendmentC. Any proposed amendment governed by Section 239 of theGeneral municipal law shall be referred to the ChenangoCounty Planning Board for their review.D. Before any amendment, there shall be a public notice and hearing thereon as provided by law.E. After the public hearing, and referral to and report by the Planning Board, a majority vote of the members of the Village Board shall be required to amend these Regulations.

Section 7.6 - Public HearingsA. Public hearing shall be required prior to action on any amendment or variance considered under these Regulations.B. The Village Board shall hold a public hearing in consideration of any amendment to these Regulations in accordance with the applicable provisions of law.C. The Board of Appeals shall hold a public hearing in consideration of a request for variance in accordance with the applicable provisions of law.1). Public notice of any required public hearing will. be advertised in a newspaper of general circulation in the village at least ten (10) days prior to the date of such hearing and shall specify the date, time, place and purpose of such hearing.

E. The hearing shall be conducted in accord with the guidelines established by the presiding officer. Any person or party of interest, may appear in person or by agent or attorney and shall be given an opportunity to be heard as it is relevant to the proceeding.

Section 7.7 - Enforcement and Violation

A. Enforcement - These Regulations shall be enforced by a person hereinafter called the "Enforcement Officer", designated by the Village Board, who shall in no case grant any Permit or Certificate where any proposed building or use would be in violation of any provision of these Regulations. The Enforcement Officer shall establish such procedure and make such inspections of the premises as are necessary to carry out his duties in the administration and enforcement of this Regulations.B. Citizen Complaint - Any resident, property owner or other person of legitimate interest may file with the Enforcement Officer a written, signed complaint against any alleged violation of these Regulations. It shall be the duty of the Enforcement Officer to investigate such alleged violation and to report thereon to the Village board in a timely manner, which report shall be filed and be part of the public records of the Village.C. Notification and Correction - Any building or use determined to have been located, created, expended or maintained in a manner which does not comply with these Regulations shall be so recorded by the Enforcement Officer and a report thereof filed with the Village Board. The Enforcement Officer at the direction of the Village Board shall give official written notice to this effect to the owner of record thereof. The owner shall initiate measures to correct such noncompliance within thirty (30) days from the date of notification. If within this thirty (30) day period application is not made to initiate a process for correction and if thereafter such correction is not pursued according to an agree upon timetable and to the satisfaction of the Village Board, the Village may institute proceedings to compel compliance and assess such penalties as are provided below.D. Violations and Penalties - Shall be as follows:

1. Any person or persons who are responsible for any acts contrary to the provisions of these Regulations and who have not complied with the direction to remedy such noncompliance as provided for above, shall be guilty of a violation of

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these Regulations and upon conviction therefor, shall be subject to the penalty provided below.2. Any owner, lessee, contractor, agent, partnership, corporation, association or other person or persons who violate or cause to be violated any provision of these Regulations shall, upon conviction for such violation, be subject to a fine not to exceed two hundred fifty ($250) dollars, imprisonment not to exceed fifteen (15) days, or both, for each violation and every week, seven (7) days, that said violation continues shall constitute a separate and additional instance of violation.3. In addition to the above provided penalties and punishment, the- Village Board may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with, or to restrain by injunction, the violation of these Regulations.

Section 7.8 - Appeal and Judicial Review

A. Appeal - All appeals for relief from the application of these Regulations in matters of interpretation or request for variance shall be directed to the Board of Appeals whose duties and procedure for consideration of appeal are as set forth in Appendix "A" which is hereby made a part of these Regulations. Where the Board of Appeals finds that practical difficulty or unnecessary hardship may result from strict compliance with these Regulations, it may vary the Regulations so that substantial justice may be done and the public interest secured; provided that such variations will not have the effect of nullifying the intent and purpose of these Regulations or the Village Plan. In granting such variance, the Board of Appeals shall require such conditions as will, in its judgment, secure substantially the objective of the standards or requirement so varied.

1. In the event that an application for a variance shall be denied by the Enforcement Officer and said denial shall be sustained by the Board of Appeals, the applicant may petition the Village Board by petition signed by 51 percent (51~) of the residents of the district on which the variance is sought, stating that they have no objection to the use intended in said district.

If the Village Board should be satisfied as to the validity of the petition, it must then grant a variance to the applicant.

B. Court Review - Any person or persons, jointly or 'severally aggrieved by any decision of the Planning Board, Board of Appeals, Village Board or any department of the Village, concerning these Regulations, may have the decision reviewed in the manner provided by Article Seventy-Eight of the Civil Practice Law and Rules, provided the proceeding is commenced within thirty (30) days after the filing of the decision in the appropriate office of the Village. Costs shall not be allowed against the Village unless it appears to the Court that the Village or its representatives acted with gross negligence or in bad faith or with malice in making the decision appealed from.

Section 7.9 - Interpretation and Effectuation

A. Interpretation - in their interpretation and application, the provisions of these Regulations shall be held to be minimum requirements, adopted for the promotion of the public health, safety or the general welfare; and only where exceptional conditions warrant, which conditions shall be fully documented, shall the responsible instrument of the Village require such additional measures as are reasonable and appropriate under the circumstances 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 standard shall govern

B. Separability - the invalidity of any provision of these Regulations shall not invalidate any other provision thereof.

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APPENDIX A - BOARD OF APPEALS

A Board of Appeals consisting of five (5) members shall be established by the Village Board to carry out the duties prescribed for such Board under these Regulations and according to the applicable provisions of law, the members of this Board shall be appointed by the Mayor subject to the approval of the Village Board. The terms of office shall be 3 years, excepting that the first appointments of members thereto shall be for terms so fixed that at least one will expire at the end of each official year commencing at the end of the current such year. No person who is a member of the Village Board of Trustees shall be eligible for membership on such Board of Appeals.

1. Powers and Duties.

A. The Board of Appeals shall prescribe such rules for the conduct of its affairs as may be necessary to carry out its duties under these Regulations and all its determinations shall be made in accord therewith. In particular, the Board shall conduct itself according to the following:

1. Meetings - All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as a majority of the members of the full Board may determine. All meetings of consideration of and preceding an official action of the Board shall be a public hearing, properly advertised as elsewhere required and open to the public. All meetings shall be conducted in accordance with the guidelines established by the Chairperson or, in his absence, the acting Chairperson, and such Chairperson may administer oaths and compel the attendance of witnesses.2. Records - The board shall keep minutes of its proceedings, including its examinations, findings and official actions and shall record the vote of each member upon every question put to vote or, if absent or failing to vote, indicating such fact. All decisions of the Board shall be recorded in the minutes, which shall fully set forth the reasons for the decision of the Board and the findings of fact on which the decision was based, and upon the written notice of every official determination of the Board, shall be filed with the applicant, the Enforcement Officer, Village Clerk and the Planning Board and shall be a public record.3. Voting Requirements - The concurring vote of a majority of the full membership of the Board of Appeals, shall be required to constitute an official action by the Board.4. Eligible Applicant or Appealer - An application or appeal to the Board of Appeals may be initiated by any person or party aggrieved under or with a legitimate interest in these Regulations, including the village and its official instruments. An appeal for an Interpretation or variance may be made only after a determination and notification of action taken by the Enforcement Officer

Planning Board or Village Board; or upon the initiative of the Enforcement Office, Planning Board or Village Board.

B. The Board or Appeals shall have all the powers and duties prescribed by law avid by these Regulations and may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made and to that end shall have all the powers of the officer or body from whom the appeal is taken. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these Regulations, the Board of Appeals shall have the power in passing upon appeasl, to vary or modify the application of any of the regulations or provisions of these regulations relating to the use, construction, location or installation or buildings and structures and the use of land,

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so that the spirit of the Regulations shall be observed, public safety and welfare secured and substantial justice done. In particular the powers of the Board of Appeals are as follows:

1. Interpretation - To decide any question involving interpretation or administration of any provision of these Regulations. Such interpretation shall be considered and rendered by the Board only upon application or appeal following and based upon a determination made by the Enforcement Officer, Planning Board or Village Board or initiated by them.

2. Variance - To vary or adapt the strict application of any of the requirements of these regulations where strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case. No Variance in the strict application of any provision of these Regulations shall be granted by the Board of Appeals unless stated.

a. That the special circumstances of conditions, fully described in the findings, applying to the land or building for which the Variance is sought, which circumstances or conditions were not created by action of the applicant.

b. That for reasons fully set forth in the findings the granting of the Variance is necessary for the reasonable use of the land or buildings, and that the Variance as granted by Board is the minimum Variance that will accomplish this purpose.C. That the granting of the Variance will be in harmony with the general purpose and intent of the Village Plan, these Regulations and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

2. Procedure

A. The Board of Appeals shall act in strict accordance with the procedures specified by law and by these Regulations and shall be in accord with the following:

1. Application - All appeals made to the Board of Appeals shall be in writing and the form prescribed by the Board. Every appeal shall refer to the specific provisions of the Regulations involved and shall exactly set forth the Interpretation that is claimed, or the details of the Variance that is applied for and the grounds on which it is claimed that the Variance should be granted,

as

the case may be. Such appeal shall be taken within thirty (30) days of the date of notification of the determination which is being appealed by filing with the Board of Appeals an application specifying the grounds thereof. Upon such application, the Enforcement Officer shall transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.

2. Stay - An appeal- stays all proceedings in furtherance of the action appealed from unless the Enforcement Officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal shall have been filed with him, that by reason of acts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application and notice to the Enforcement Officer from whom the appeal was taken and on due cause shown.

3. Notification and Public Hearing - The Board of Appeals shall fix a reasonable time for the public hearing required for every appeal and shall give public notice thereof by publication in the official paper of a notice of such public hearing at

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least five (5) days prior to the date thereof; and shall, at least five (5) days before such public hearing, mail notice thereof to the applicant.

4. Referrals - Prior to the date of the public hearing required by law on an application to the Board of Appeals,

the Board shall transmit to Planning Board

a copy of said application together with notice of the aforesaid public hearing and shall request that the Planning Board submit to the Board of Appeals its advisory opinion on said application; and the Planning Board shall submit a report of such advisory opinion prior to the date of said public hearing. In addition, where any appeal for Interpretation or Variance involves lands within five hundred (500) feet of an adjoining municipality, State or County property or right of way, the application or appeal shall be referred to the Chenango County Planning Board and acted upon in accord with the requirements of the applicable section of the General Municipal Law.

5. Decision and Notification - Within sixty-two (62) days from the date of the public hearing, the Board shall render a determination with respect to the subject consideration, and the applicant or his authorized agent so notified in writing within five (5) days of the date of determination. Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board on file in the office of the Village Clerk, together with all documents pertaining thereto. The Board of Appeals shall notify the Enforcement Officer, Village Clerk and the Planning Board of each interpretation rendered and each Variance authorized under the provisions of these Regulations.

APPENDIX B - REQUIRED SUBMISSIONS

The following shall be required except as they may be specifically waived by the Planning Board or Enforcement Officer.

1. Building/Use Permit

A. Site Plan - Three (3) copies, to scale, to include:

1. Location map showing boundaries and dimensions of the parcel or -tract of land, contiguous properties, zoning districts and any easements or public rights-of-way.

2. Existing features of the site including existing land use, land and water areas, existing buildings and water or sewer systems on or immediately adjacent to the site, and surface drainage characteristics.

3. Proposed location and arrangement of buildings or installations on the site.

B. Accompanying Data - to include the following:

1. Name and address of applicant and any professional advisors.

2. Description of materials and method of installation for any equipment or installation governed by these Regulations.

3. Results of any required on site investigation including percolation test, where applicable.

2. Certificate of Compliance

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A. Copy of application for Building/Use permit with any change made in the course of construction noted thereon.

B. Certification by the applicant that all improvements were carried out in accord with the approved Building/Use Permit, and as it may have been modified.

RESIDENTIAL DISTRICT(tables missing)

October 2, 1991

Diann Davisson, Village Clerk

South Main StreetNew Berlin, NY 13411

re: Local Law #6-1990Zoning Regulations

Dear Diann:

The above entitled Law was filed with the Secretary of State of February 19, 1991 and is effective as of that date.

Sincerely,

CLIPPINGER LAW OFFICES

John D. Cameron

JDC:mwEnc.

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