[HISTORY: Adopted by the Town Board of the Town of Woodbury 4-15-1999 by L.L. No. 6-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
Fire prevention — See Ch. 154.
§ 78-1. Legislative intent.
§ 78-2. Definitions.
| ALARM DEVICE (POLICE, FIRE AND MEDICAL EMERGENCY) — Any device which, when activated, transmits a prerecorded message or other signal by telephone, radio or central alarm station designed to notify the Police Department, Fire Department or ambulance requiring their respective emergency response. |
| ALARM REGISTRANT — Any person, business, firm, corporation or other entity which is in the business of owning, operating, maintaining, installing, leasing or selling a police, fire or medical emergency alarm device or devices, registered pursuant to the requirements of the Code of the Town of Woodbury. |
| ALARM REGISTRATION — The registration by the Town of Woodbury of any person engaged in the business of installing and/or servicing police, fire or medical emergency alarm devices in the Town of Woodbury pursuant to the provisions of the Code of the Town of Woodbury. |
| AUTOMATIC DIAL ALARM — Any police, fire or emergency medical alarm device which is a telephone device or telephone attachment that automatically or electronically transmits a signal to preselected telephone lines connected to signal to a central alarm station or police headquarters and communicates a report of a criminal act or other emergency requiring police, fire or medical emergency response. |
| CENTRAL ALARM STATION — Any facility operated by a private firm that owns or leases a system of police, fire or medical emergency alarm devices, which facility is manned by operators who receive, record or validate alarm signals to the Police Department, Fire Department or ambulance service when appropriate. |
| DIRECT CONNECTION — Any alarm device which transmits a signal or impulse over a telephone line to the alarm indicator panel at police headquarters. |
| ENFORCEMENT AUTHORITY — The Police Department of the Town of Woodbury. |
| FALSE ALARM — Any signal actuated by an alarm device or system of police, fire or medical emergency alarm devices which is not the result of a natural disaster, act of God, criminal act, fire or other services response. The term "false alarm" shall include human error or equipment malfunction causing the alarm to be activated and which results in police or fire response. |
| PUBLIC NUISANCE — Anything which annoys, injures or endangers the comfort, repose, health or safety of any person(s) of any community or neighborhood. |
| REGISTRATION AUTHORITY — The Town Clerk of the Town of Woodbury. |
| SMOKE AND/OR HEAT DETECTOR — Any device which, when activated by fire or smoke or other emergency, is designed to alert only the occupants of the building to said emergency. |
§ 78-3. Automatic telephone devices.
§ 78-4. Direct connections.
§ 78-5. Test device required.
§ 78-6. Automatic cutoff system required.
§ 78-7. Control of public nuisances.
| A. | Upon receiving complaint(s) regarding a continuous uninterrupted or continuously recurring signal, the Police Department shall endeavor to contact the alarm user or those persons designated by the alarm user as contacts, in an effort to abate the nuisance. In the event that the Police Department is unable to contact the alarm user or those designated as contacts, or if the aforesaid persons cannot or will not curtail the audible signal being emitted by the alarm system, and if the Police Department or otherwise is unable to abate the nuisance, then the Police Department shall contact the alarm installer. |
| B. | After an entry upon the property has been made in accordance with this section, the Police Department shall have the property secured, if necessary. The reasonable costs and expenses of abating a nuisance in accordance with this section may be assessed to the alarm user. |
§ 78-8. Contact system.
§ 78-9. Registration required; fees.
| A. | All businesses, firms, corporations or other entities which are in the business of owning, operating, maintaining, installing, leasing or selling an alarm device or devices or systems of alarm devices, who desire to conduct business in the Town of Woodbury, shall apply to the Town Clerk to register on a form to be supplied by the Town Clerk. The application shall contain specific provisions relating to the quality, efficiency and effectiveness of the device or system of devices owned or to be operated, maintained, installed leased or sold by the applicant, testing procedures involved and any other information the Town Clerk shall determine to be reasonably necessary to effectuate the purpose of this chapter. Such registration shall for a one-year period, on a calendar-year basis or a part thereof, and no registration shall extend beyond December 31 of each year. |
| B. | Any person who is to be alarm agent in the Town of Woodbury, before acting as such alarm agent, shall register as an alarm agent. The application shall be made to the Town Clerk on a form to be supplied by the Town Clerk. The application shall contain specific provisions relating to fire and police alarm device or devices, holdup alarms, dial alarms or any other alarm installations and devices which are to be sold, leased, installed, operated or maintained by the alarm agency, the skill and competency of the applicant as an alarm agency and such other information as the Town Clerk determines to be reasonably necessary to effectuate the purpose of the chapter. No registration shall extend beyond December 31 of each year. In addition to the aforesaid registration, the applicant shall file with the Town Clerk the license issued by the New York State Department of State pursuant to the New York State Business Law, Article 6-D. Editor's Note: See General Business Law Article 6-D. |
| C. | Any property owner or lessee of property in the Town of Woodbury, having on its premises an alarm device or system of alarm devices, shall apply to the Town Clerk on a form to be supplied by the Town Clerk to register such a device on its premises. The application shall contain provisions relating to the device or system of devices installed or to be installed on the premises. Applications to register alarm devices existing on the premises on the effective date of this chapter must be made to the Town Clerk by such date as shall be fixed by resolution of the Town Board. No such devices may be installed on the premises of the owner or lessee, after the effective date of this chapter, prior to the registration by such owner or lessee. Such registration need not be filed on an annual basis but shall be so registered each time a device or system is to be installed or modified or if the premises are sold or if a new lessor leases the premises. The owners of small battery-operated alarms shall be exempt from this chapter. |
| D. | Fees. Registration fees shall be such as shall be fixed from time to time by resolution of the Town Board. |
§ 78-10. Alarm applications.
§ 78-11. Written authorization for entry.
§ 78-12. Registration fee.
§ 78-13. Installation and maintenance.
§ 78-14. False alarms.
| A. | The designation of a false intrusion alarm will be determined by the Officer in Charge of the Police Department. The designation of a false fire alarm will be determined by the Chief of the Fire Department, and the designation of a false medical alarm will be determined by the Director of the Ambulance Corps. | ||||||||||||||||||||||||
| B. | The Officer in Charge of the Police Department shall cause to be kept an up-to-date and accurate log of all false intrusion alarms and the Chief of the Woodbury Fire Department shall cause to be kept an up-to-date and accurate log of all false fire alarms, and the Director of the Ambulance Corps shall cause to be kept an up-to-date and accurate log of all false medical alert alarms. These logs shall be transmitted to the Town Clerk on a monthly basis. | ||||||||||||||||||||||||
| C. | Any owner or lessee of property having a police, fire or
medical emergency alarm device on his premises shall pay to the Town
Clerk, upon demand, a charge for each and every false alarm occurring on
his premises in any alarm permit year as follows:
|
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| D. | Any failure by such owner or lessee to pay the aforementioned charges within 30 days on demand therefor shall be deemed a violation of this chapter in accordance with the provisions of § 78-19 of this chapter. |
§ 78-15. Power of Town Clerk.
§ 78-16. Collection of fees and charges.
§ 78-17. Implementation of requirements.
§ 78-18. Exception; liability of town.
| A. | None of the provisions of this chapter shall apply to police, fire or medical emergency alarm devices installed in town-owned buildings, motor vehicles or trailers or to smoke and/or heat detectors and Fire Department buildings. |
| B. | The Town of Woodbury shall take every reasonable precaution that alarm signals received by the Town are given appropriate and immediate attention. Nevertheless, the Town shall not be liable for any defects in operation of any police, fire or medical emergency alarm devices for failure to respond appropriately on any alarm signal or for the transmission of alarm signals or messages. |
§ 78-19. Penalties for offenses.
§ 78-20. Enforcement and right to be heard.
Any violation of this chapter shall be enforced by the Woodbury Police Department in conjunction with the Town Clerk and Town Attorney. Upon receipt of a false alarm notice from the Town Clerk, any individual or entity may contact the office of the Woodbury Police Department to dispute the initial finding of a false alarm. If unable to resolve the false alarm in this manner, the individual may elect to pay the fine or be served with a summons or appearance ticket. Upon the return on the summons or appearance ticket in the Woodbury Justice Court, they will have the right to be heard, request a trial or exercise any other rights as provided by law.
Chapter 81: ALCOHOLIC BEVERAGES
[HISTORY: Adopted by the Town Board of the Town of Woodbury as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Park and Recreation Commission — See Ch. 54.
Parks — See Ch. 230.
ARTICLE I Open Containers [Adopted 12-1-1977 by L.L. No. 17-1977]
§ 81-1. Legislative findings.
§ 81-2. Open containers prohibited; term defined.
| A. | It shall be unlawful for any person to have, possess, carry or transport liquor, wine, beer or other alcoholic beverages in open containers while such person is on any public highway, in any public parking lot or on any lands owned by the Town of Woodbury. |
| B. | As used in this article, a public parking lot is a parking area for one or more vehicles designed to be used by patrons of any commercial, industrial, professional or eleemosynary place of business, including but not limited to such enterprises as may be duly licensed for the sale and consumption of alcoholic beverages on the premises. |
§ 81-3. Presumptive evidence.
§ 81-4. Exemptions; special permission required.
| A. | This article shall not apply to any fair, picnic area or other community gathering for which special permission has been granted by the Town Board of the Town of Woodbury or the Woodbury Park and Recreation Commission and/or for which a special license has been issued by the New York State Alcoholic Beverage Control Board. |
| B. | Application for the special permission shall be made in writing and signed by the parties seeking same, which writing shall be submitted to the Town Board and/or the Park and Recreation Commission not less than 15 days prior to the date for which the special permission is sought. The Town Board and/or the Park and Recreation Commission shall grant the special permission, provided that it determines that it is in the best interests of the residents of the Town of Woodbury to do so, and further provided that it determines that the sponsors of the fair, picnic or other community gathering have taken reasonable steps to protect the health, safety and welfare of the residents of the Town of Woodbury and to prevent unsightly and unsanitary conditions and the creation of a nuisance. |
§ 81-5. Penalties for offenses.
A violation of this article shall constitute an offense and shall be punishable as follows: not more than $50 for a first violation; not more than $75 for a second violation; not more than $100 for the third violation; and all subsequent violations shall be punishable by a fine not exceeding $250.
Chapter 85: ANIMALS
[HISTORY: Adopted by the Town Board of the Town of Woodbury as indicated in article histories. Amendments noted where applicable.]
ARTICLE I Harboring Dogs [Adopted 10-28-1968]
§ 85-1. Penalties for offenses.
ARTICLE II Dogs, Animals and Birds [Adopted 10-28-1968 by L.L. No. 2-1968]
§ 85-2. Running at large prohibited.
§ 85-3. Disturbing the peace prohibited.
§ 85-4. Licenses and fees.
| A. | On the effective date of this section, the owner of any dog then six months of age or older shall immediately make application for a dog license. After such an effective date, the owner of any dog reaching the age of six months shall thereupon make such application. No license shall be required for any dog which is under the age of six months and which is not at large. A license shall be renewed on an annual basis prior to the expiration date, and in no event shall any license be valid for less than one year. | ||||||||
| B. | Application for a dog license shall be made to the Town
Clerk of the Town of Woodbury and shall be accompanied by an annual fee
for each dog licensed, as follows: [Amended
9-20-1979 by L.L. No. 7-1979; 12-5-1991 by L.L. No. 11-1991; 4-18-2002 by
L.L. No. 2-2002]
|
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| C. | There shall be no fee for a license issued for any guide dog, war dog or police work dog. |
§ 85-5. Penalties for offenses.
| A. | Penalties for violation of this article shall be as
follows: [Amended 6-16-1977 by L.L. No.
10-1977; 12-6-2001 by L.L. No. 5-2001]
|
||||||
| B. | These penalties may be recovered in a civil action in the name of such town. [Amended 6-16-1977 by L.L. No. 10-1977] | ||||||
| C. | Each day during which a dog or other animal, fowl or bird shall be allowed to run at large or make noise contrary to the provisions of this article shall be deemed a separate offense. |
§ 85-6. Issuance of appearance tickets.
| A. | Where a violation of this article exists, the Dog Warden may issue an appearance ticket pursuant to the Criminal Procedure Law, § 150.20, and such appearance ticket may be answered by registered or certified mail, return receipt requested, within five days of the violation, as hereinafter provided, in lieu of personal appearance on the return date at the time specified in said appearance ticket in the Justice Court of the Town of Woodbury. |
| B. | If a person charged with a violation admits to the violation as charged in the appearance ticket, he may complete the appropriate form authorized by this article and forward such form and appearance ticket to the office of the Town Justice of the Town of Woodbury, together with a check or money order in the amount of the penalty for the violation as charged as shown on the schedule of penalties shown on the appearance ticket. |
| C. | If the person charged with the violation denies any or all of the violation as charged in the appearance ticket, he may complete the appropriate form prescribed for that by the Town of Woodbury and forward such form and appearance ticket, together with security in the amount of $15, to the office of the Town Justice of the Town of Woodbury. Upon receipt, the Town Justice of the Town of Woodbury shall enter such answer and shall schedule a new return date and notify such person by return mail of the date and time of such return date, and upon appearance before the Town Justice, the security shall be returned. If a person shall fail to appear on the return date, the security posted to secure such appearance shall be forfeited, and a summons or a warrant may be issued pursuant to the Criminal Procedure Law, § 120.20. |
ARTICLE III Abandonment [Adopted 6-6-1991 by L.L. No. 3-1991]
§ 85-7. Findings; intent.
§ 85-8. Definitions.
| ABANDONMENT — To discard, to tie or to leave any animal anywhere in the Town of Woodbury without proper authorization; to fail to redeem any animal from the shelter after being properly notified; or to sign a false statement to discard any animal. |
§ 85-9. Prohibited acts.
§ 85-10. Enforcement.
§ 85-11. Penalties for offenses.
ARTICLE IV Impoundment and Boarding Fees [Adopted 4-2-1992 by L.L. No. 4-1992]
§ 85-12. Findings; intent.
§ 85-13. Fees.
| A. | Annual impoundment fees shall be as follows:
|
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| B. | Boarding fees, per dog, shall be as follows:
|
ARTICLE V Curbing of Dogs [Adopted 12-6-2001 by L.L. No. 5-2001]
§ 85-14. Definitions.
| OWNER — Includes every person having a right of property in a dog and every person who has a dog in his care, custody or control or is in charge of a dog. |
§ 85-15. Nuisances prohibited.
§ 85-16. Penalties for offenses.
Chapter 89: BINGO
[HISTORY: Adopted by the Town Board of the Town of Woodbury 9-21-1959, as amended through 4-8-1963. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 173.
§ 89-1. License required.
§ 89-2. Application for license; investigation; fees.
§ 89-3. Conduct of games by unlicensed parties prohibited.
§ 89-4. Rental agreements.
§ 89-5. Suppliers of equipment.
§ 89-6. Use of proceeds.
§ 89-7. Prize limits.
| A. | No prize shall exceed the sum or value of $250 in any single game of bingo. |
| B. | No series of prizes on any one bingo occasion shall aggregate more than $1,000. |
§ 89-8. Management or operation of games; remuneration.
| A. | No person except a bona fide member of any authorized organization shall participate in the management or operation of such game. |
| B. | No person shall receive any remuneration for participating in the management or operation of any game of bingo. |
§ 89-9. Penalties for offenses.
Chapter 92: BONDING: SUBDIVISIONS AND SITE PLANS
[HISTORY: Adopted by the Town Board of the Town of Woodbury 11-4-2004 by L.L. No. 6-2004. Editor's Note: This local law also repealed former Ch. 92, Bonding: Subdivisions and Site Plans, adopted 4-6-1995 by L.L. No. 4-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 272.
Zoning — See Ch. 310.
§ 92-1. Legislative intent, findings and determinations.
| A. | Intent. It is the intent of this chapter to provide for orderly development and for the general health, safety and welfare of the residents of the Town of Woodbury by establishing a procedure to guarantee improvements shown on approved subdivisions and site plans will be completed satisfactorily. The intent of requiring performance guarantees from developers shall be to protect the Town and its residents from the failure of developers to complete needed infrastructure shown on approved plans or required by law for the safety and appearance of the Town. The intent of the Town Board is to provide a flexible means of bonding through completion of infrastructure or bonding improvements coupled with phasing limitations for larger developments to enable the Town to be developed in a more orderly fashion. The intent of the Town Board is to establish a procedure for bonding that will protect the Town while still providing an attractive and competitive environment for developers, thereby encouraging high-quality development with a variety of housing opportunities for the Town's residents. | ||||||||||||
| B. | Findings.
|
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| C. | Determinations.
|
§ 92-2. Definitions.
| DEVELOPER — Any applicant, builder, or developer seeking site plan, special use or subdivision approval or implementation of an approved plan secured by others. This may be the owner, contract vendee, managing agent, etc., and shall include the agents of applicants and all successors in interest. |
| DEVELOPER'S AGREEMENT — A written agreement entered into between a developer and the Town which provides a schedule for the completion of public improvements required by the Planning Board as part of its approval and which provides for the deposit of a certain amount of performance security with the Town in escrow to secure installation of required public improvements. |
| MAINTENANCE BOND — Any written and executed guaranty, obligation or promise to maintain, repair or replace any public improvement previously installed or constructed within a fixed period of time from the date when such public improvements were accepted for dedication by the Town, whether made by a surety or bonding company, a developer or any other third party. |
| OWNER — The owner of any real property located within the Town that is the subject of a performance bond required by any local law or ordinance of the Town. |
| PERFORMANCE BOND — Any written and executed guaranty, obligation or promise, made by an owner or developer of property who has received site plan, special use or subdivision approval from the Planning Board to install public improvements required by the Planning Board or to perform other required acts that may be required by the Planning Board pursuant to plan approval, Town Board or any local law or ordinance of the Town. |
| PERFORMANCE BOND ESTIMATE — The estimate of the Town Engineer of the full costs of the installation of such public improvements or requirements guaranteed or promised by the performance bond, including any safety factors applicable under this chapter. |
| PLANNING BOARD — The Planning Board of the Town. |
| PUBLIC IMPROVEMENT — Any street, roadway, curb, gutter, sidewalk, parking lot, retaining wall, water main, fire hydrant, sanitary pipe, sanitary waste disposal facility or structure, storm drain, retention or detention pond, wetland restoration facility, street signs, streetlights, trees, seeding, sodding, tree planting, landscaping improvement, survey monuments, or any other public facility or requirement of the Planning Board or any local law or ordinance of the Town identified or characterized as a public improvement as part of an approved plan in order to protect the public health, safety and welfare. |
| RESTORATION BOND — Any written and executed guaranty, obligation or promise, made by an owner or developer of property who has received site plan, special use or subdivision approval from the Planning Board, to restore a site to a safe, secure and stable condition, in the event that public improvements have not been properly or timely completed as required by said approval. |
| RESTORATION BOND ESTIMATE — The estimate of the Town Engineer of the likely cost of restoring a site which has received site plan, special use or subdivision approval from the Planning Board to a safe, secure and stable condition, in the event that public improvements have not been properly or timely completed, based upon the nature of the project, the nature of the required public improvements and the likely dangers presented in the event a project is started but not completed. The estimate shall be based on a worst-case scenario. |
§ 92-3. Public improvements for subdivisions and site plans.
|
No. |
Item Description |
Prior to Certificates of Occupancy |
After Certificates of Occupancy Issued |
| 1
|
Mobilization and general conditions |
X |
|
| 2
|
Clearing site/demolition |
X |
|
| 3
|
Excavation |
X |
|
| 3A
|
Roadway excavation (existing road) |
X |
|
| 3B
|
Roadway excavation (new road) |
X |
|
| 3C
|
Parking lot excavation |
X |
|
| 4
|
Class I roadway |
|
|
| 4A
|
Subbase |
X |
|
| 4B
|
Base course |
X |
|
| 4C
|
Top course |
|
X |
| 4D
|
Parking lot |
X |
|
| 4E
|
Striping |
X |
X (with temporary) |
| 5
|
Storm drainage |
|
|
| 5A
|
Drainage pipe and culverts |
X |
|
| 5B
|
Drainage inlets |
X |
|
| 5C
|
Sedimentation basin |
X |
|
| 5D
|
Soil erosion control |
X |
|
| 6
|
Sanitary sewer |
|
|
| 6A
|
Gravity sanitary sewer |
X |
|
| 6B
|
Sewer force main |
X |
|
| 6C
|
Sewer service connections |
X |
|
| 6D
|
Sewage pump station |
X |
|
| 6E
|
Treatment plant improvements |
X |
X (punch list) |
| 7
|
Manholes and inlets |
|
|
| 7A
|
Precast sanitary/storm manholes |
X |
|
| 7B
|
Reset inlets and manhole covers |
|
X |
| 8
|
Water service |
|
|
| 8A
|
Water main and valves |
X |
|
| 8B
|
Hydrant installations |
X |
|
| 8C
|
Water service connections |
X |
|
| 8D
|
Water treatment plant improvements |
|
|
| 9
|
Landscaping |
|
|
| 9A
|
Topsoil and seed |
|
X |
| 9B
|
Shade trees |
|
X |
| 9C
|
Other landscaping |
|
X |
| 10
|
Concrete curb |
X |
|
| 11
|
Sidewalk |
|
X |
| 12
|
Guide rail |
X |
|
| 13
|
Streetlighting |
|
X |
| 14
|
Monumentation |
|
X |
| 15
|
Cleanup and demobilization |
|
X |
| A. | Notwithstanding the above general list, the Building Inspector, with the advice of the Town Engineer, may refuse the issuance of certificates of occupancy if, in his opinion, a safety hazard would be created. |
§ 92-4. Bonding of improvements; requirements and amounts; agreement.
| A. | The developer shall complete all required improvements or
post the required performance bond before any building permits for
dwellings will be issued. The performance bond shall be delivered to the
Town, conditioned that the developer will faithfully cause to be
constructed and completed within a reasonable time the required public
improvements and convey the required lands and improvements to the Town
free and clear of encumbrances. Any performance or restoration bond
required shall cover the full amount of the performance and restoration
bond estimates as more precisely set forth below. All public improvements
shown on the approved site plan or subdivision plat or required by law to
provide the improvements in a complete and safe manner shall be secured
through the performance bond. Restoration bonds shall be provided for site
plans and for any other projects, including subdivisions when required by
the Planning Board. Bonds shall secure installation of the public
improvements or other requirements guaranteed or promised by such
performance and restoration bonds. The bond shall be satisfactory in form
to the Town Attorney and with surety acceptable to the Town Board. At
least 25% of the bond amount shall be in cash or its equivalent. There
shall be deposited with the Town Clerk, by the owner or developer, prior
to the issuance of a building permit for any site work, a performance
guarantee which shall be either all cash, irrevocable letter of credit or
certified check payable to the Town, or a surety or bonding company having
a minimum rating of "A" by A.M. Best or a similar credit rating agency,
for 75% of the bond, with the remainder in cash. The amount of the bond
shall be based on an estimate of the work as prepared by the Town
Engineer, which shall be increased by a multiplier as provided in the
following schedule:
|
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| B. | The first 25% of the bond shall be in the form of cash, with a minimum of $20,000 to be posted with the Town Board and the balance of the performance or restoration bond secured by the developer in a form approved by the Town Board and the Attorney for the Town with a surety or bonding company, having a minimum rating of "A" by A.M. Best or a similar credit rating agency or its equivalent of marketable securities guaranteeing final completion of the public improvements. The duration of the bond shall be determined by the Town Engineer and Building Inspector, which performance bond shall be reviewed on the anniversary date each year to determine whether or not there is a sufficient amount in the bond to complete the infrastructure. Where the bond is insufficient due to an increase in the cost of completing the improvements, then the developer shall, prior to the issuance of any additional certificates of occupancy, increase the performance bond to guarantee the completion of the improvements that are the subject matter of the punch list prepared by the Building Inspector and the Town Engineer. | ||||||||||||||||
| C. | Developer's agreement. In addition to the security, an executed developer's agreement shall be filed with the Town Clerk, if the Town Board believes such agreement would be in the Town's interest considering the nature and scope of the project. |
§ 92-5. Completion of infrastructure improvements; release of bonds.
| A. | Any cash deposited under authority of this chapter shall be deposited by the Town Supervisor in a separate interest-bearing account in a Town depository and shall be disposed of only as herein provided. In the event that the improvements or other requirements guaranteed by the performance bonds are not installed or constructed as required by this chapter or a developer's agreement or should a developer cease working for an unreasonable period of time, thereby leaving the site in an unsafe or unsightly condition, then, upon resolution of the Town Board and without the necessity of further legal proceedings, said cash sums, together with any accrued interest thereon, shall be withdrawn from such account by the Town Supervisor and shall be used by the Town Supervisor toward either the cost of satisfactorily completing the public improvements required under the approval or the cost of restoring the site to a safe, secure and stable condition. If the cash funds are insufficient, the Town may seek recourse from the security or may seek such action first or simultaneously, as the Town deems most appropriate to protect the health, safety and welfare of the Town. If there are any surplus funds remaining after such withdrawal and expenditure, they shall be refunded to the owner or developer, except for any portion of said deposit held for maintenance purposes under any public improvement security agreement. |
| B. | Upon completion of the infrastructure improvements, the developer shall notify the Town Supervisor, with a copy to the Town Engineer. Within 15 working days of receipt of the notice, the Town Engineer shall inspect the improvements and within a reasonable time thereafter file a written report with the Town Board, indicating approval, partial approval or rejection of the improvements, with a statement of the reasons for any rejection. The required improvements shall not be considered to be complete until installation of the improvements have been approved by the Town Engineer and an as-built map satisfactory to the Town Board and Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. |
| C. | The Town Board shall approve, partially approve or reject the improvements on the basis of the report from the Town Engineer and shall notify the developer, in writing, of the Engineer's report and the action of the Town Board not later than 90 days after receipt of the notice from the developer of the completion of the improvements. |
| D. | The release of bonds shall in no way be construed as acceptance of any street, drainage system or other improvement. |
| E. | Maintenance bond. Upon satisfactory completion of the public improvements required by the Planning Board or by any local law or ordinance of the Town, the owner or developer shall make a cash deposit with the Town in an amount equal to 10% of the original performance bond established pursuant to this chapter as a maintenance bond. This maintenance bond shall constitute a guaranty that the public improvements shall be free from defects from faulty workmanship or materials and shall require the owner or developer to repair or replace such defects for a period of one year from the date the improvements were accepted for dedication by the Town Board, unless a longer period of time is mutually agreed by the owner or developer and the Town. The maintenance bond shall be a cash deposit or letter of credit. In the event that the owner or developer does not repair or replace defects, the Town Board may declare the maintenance bond in default and apply the bond to the cost of repairs or replacement. In the event the public improvements are properly maintained for the maintenance period, the Town Board shall authorize the bond released after a report by the Town Engineer and/or Town Superintendent of Highways. |
| F. | Improper installation of improvements. If the Town Engineer finds deficiencies in the improvements before the expiration date of the performance and/or maintenance bonds, demonstrating the improvements have not been constructed in accordance with plans and specifications, he shall first report his findings to the developer, with a copy to the Town Board, giving a reasonable time for the developer to remedy such defects; and lacking a satisfactory and prompt resolution of the problem, he shall report his findings to the Town Board. The Town Board shall then notify the developer and, if necessary, the bonding company. The Town Board may declare the performance bond in default and collect the sum payable and install the deficient improvements covered by the bond, but not exceeding the amount of such proceeds. The Planning Board shall approve no plat so long as the developer or a principal in a developer's corporation is in default on a previously approved plat. |
Chapter 96: BUILDING CONSTRUCTION
[HISTORY: Adopted by the Town Board of the Town of Woodbury 7-1-1982 by L.L. No. 6-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing of contractors — See Ch. 113.
Environmental quality review — See Ch. 135.
Fire prevention — See Ch. 154.
Flood damage prevention — See Ch. 159.
Flood hazard areas — See Ch. 161.
Subdivision of land — See Ch. 272.
Zoning — See Ch. 310.
Subdivision contractors — See Ch. A315.
ARTICLE I Acceptance of State Code Editor's Note: Sections 1 and 2 of L.L. No. 6-1982 read as follows: Section 1. The Town Law 138, as it applies to the Town of Woodbury, is hereby repealed. Section 2. The Town Law 20.2(a), pertaining to the power of the Town Board to establish the office of Town Engineer, is hereby repealed, and the Town Board is hereby authorized to appoint an Engineer, who need not be a resident of the town, to serve at the pleasure of the Town Board.
§ 96-1. Standards accepted; filing; when effective.
The Town Board hereby accepts the applicability of the New York State Uniform Fire Prevention and Building Code, pursuant to § 374-a of the Executive Law, Editor's Note: Former § 374-a of the Executive Law was repealed by the Laws of 1981, Chapter 707, § 12. and a certified copy of this article shall be immediately filed in the principal office of the State Building Code Commission and in the office of the Secretary of State. The New York State Uniform Fire Prevention and Building Code shall become effective in the Town of Woodbury immediately.
ARTICLE II Administration and Enforcement
§ 96-2. Establishment of Building Department.
There is hereby established a Building Department for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code and all ordinances, rules and regulations of the Town of Woodbury relating to building construction, repair, demolition, use and occupancy of buildings and property within the Town of Woodbury.
§ 96-3. Definitions.
| ADMINISTRATOR — The individual who is appointed to administer the Building Department, who may or may not be a resident of the Town of Woodbury. |
| BUILDING — Includes any structure of any kind, including signs and billboards, except real estate signs and other nonilluminated signs not over two square feet in area referring to the premises on which located. |
§ 96-4. Administrator and Assistant Administrators of Building Department.
§ 96-5. Powers and duties of Administrator.
| A. | The Administrator shall, in addition to the powers given him in the Zoning Law, Editor's Note: See Chapter 310, Zoning. have all the powers set forth in § 383 of the Executive Law Editor's Note: Former § 383 of the Executive Law, regarding administration, was repealed by the Laws of 1981, Chapter 707, § 12. relating to the administration of the New York State Uniform Fire Prevention and Building Code and shall administer and enforce such code and all ordinances, rules and regulations of the Town of Woodbury relating to construction, repair, demolition, use and occupancy of buildings and property in the Town of Woodbury. [Amended 10-3-1996 by L.L. No. 10-1996] | ||||||||||
| B. | Without limitation upon the foregoing, the Administrator
shall have the power to:
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| C. | The Administrator shall keep a record of all building permits, notices, orders and certificates of occupancy issued by him and shall report monthly thereon to the Town Board. | ||||||||||
| D. | The Assistant Administrators, in addition to the powers given them in the Zoning Law, shall have all the powers and duties of the Administrator to the extent that he may delegate such powers and duties to them from time to time. |
§ 96-6. Building permit required; application; fees; duration; refunds.
| A. | A building permit shall be required as provided in the Zoning Law. Editor's Note: See Ch. 310, Zoning. | ||||||||||||
| B. | Applications for building permits, in addition to the
requirements of the Zoning Law, shall be on forms supplied by the Building
Department and shall state:
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| C. | Each application for a building permit shall be accompanied by a duplicate set of plans and specifications in such detail as may be required by the Administrator, one copy of which shall be retained by the Administrator, and the other copy shall be returned to the applicant at the completion of the proceeding and, if the application is approved, shall be endorsed with the approval of the Administrator. The foregoing shall be submitted in addition to the material required to be submitted by the Zoning Law. | ||||||||||||
| D. | As required by the Zoning Law, the fee for a building permit shall be $5 for each building or dwelling unit or summer dwelling unit, except that, for buildings or dwelling units or summer dwelling units the cost of which is in excess of $1,000, the fee shall be $5 per $1,000 or major function thereof. Such fee shall be paid when the application is made and shall be retained irrespective of the action taken on the application. | ||||||||||||
| E. | As provided in the Zoning Law, every such permit shall expire at the end of two years, and, if construction is not then completed, a new or extended permit shall be granted only on payment of fees therefor at the rate of $2 per month per building or dwelling unit or summer dwelling unit until completion or removal of the uncompleted structure. | ||||||||||||
| F. | Where a building permit has been issued by the Building Department and thereafter an applicant requests a refund of the building permit fee because he decides not to construct the facility for which the building permit was issued, the applicant shall file a formal request with the Town Board for such refund. The Town Board shall make a determination as to whether or not such a refund is just and equitable and may consider among other things whether or not the Building Department has rendered any services on behalf of the applicant such as on-site inspection and review of plans. In no event shall a refund be warranted where any on-site work has been performed by the applicant. [Added 6-15-1989 by L.L. No. 5-1989] |
§ 96-7. Revocation of building permits.
§ 96-8. Order to remedy unlawful conditions.
The Administrator may order the remedying of any condition in violation of the New York State Uniform Fire Prevention and Building Code. Such order shall be in writing and shall be served upon the owner or his authorized agent personally or by registered mail addressed to the address shown in the application for building permit. Such order shall grant a reasonable time to remedy such condition.
§ 96-9. Certificates of occupancy; fees.
| A. | Certificates of occupancy shall be issued by the Administrator as provided in the Zoning Law. In addition to the requirements of the Zoning Law, such certificates shall be issued only if the work complies in all respects with the New York State Uniform Fire Prevention and Building Code and all ordinances, rules and regulations of the Town of Woodbury relating to buildings, and the certificates shall state the use to which the building may be put. [Amended 10-3-1996 by L.L. No. 10-1996] |
| B. | As required in the Zoning Law, the fee for a certificate of occupancy shall be $1 for each building or dwelling unit or summer dwelling unit, with a maximum fee of $25 payable to the Administrator at the time application for the same is made. |
§ 96-10. Unsafe buildings and collapsed structures.
| A. | Abatement of unsafe buildings. All buildings or structures which are structurally unsafe, unsanitary or not provided with adequate egress or which constitute a fire hazard or are otherwise dangerous to human life or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this section. | ||||||
| B. | Inspections by Building Inspector. The Building Inspector shall examine or cause to be examined every building reported as unsafe or dangerous and shall make a written record of such examination to the Town Board. Such examination and report may be made in conjunction with an engineer or such other expert authorized by the Town Board for such purpose. | ||||||
| C. | Notice of unsafe building. Whenever the Building Inspector shall find any building or structure or portion thereof to be an unsafe building, he shall give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements or to demolish the building or structure or portion thereof. Such notice shall be in writing, shall state the conditions found to exist and the work necessary to render the building and structure safe, and may be served upon the person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of same by registered mail to the owner at his last known address. Such notice shall also advise of the availability of a hearing before the Town Board as provided for in Subsection D hereof and shall be filed in the Orange County Clerk's office in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules. | ||||||
| D. | Hearing procedures; time limit for compliance.
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