Machine-extracted (OCR) from the official document — formatting is approximate; the official copy governs.
ue\J TO«C SlAIE DEPARrMEHT Of STATE
Local L a w FiUng UASKIMCTO« AVEHUE, ALBAHT. «r 12251
(Use (his form to file a local law with (hc Secretary of Stft(c.)
Text of law should be given as amended. Do not include matter being ehminated and dOtfWiRTMENio^ ^
use italics or underlining to indicate new matter.
FILED
^U(i 2 9 2001
To wn ^^^^ ^AiSCELU^J^jE^
>s^j*«xK ^ STATE REC0HU^3
Local Law No }. of (he year 2 0 ^ .
A locaitUprov-ide-for tlie €0dif4€atk)n of-t4ie-4oGal-tewsv-^ of the Town
of Clay into a Municipal Code to be designated the "Code of the Town of Clay"
Be i( cnttc(ed by the Town-Boafd- of (he
^^^^ of Clayy-County-of-Onondagav-New-York «^ follows:
ARTICLE I
Adoption of Code
Be it enacted by the Town Board of the Town of Clay, County of Onondaga, New
York, as follows:
§ 1-1. Legislative intent.
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local
laws, ordinances and certain resolutions of the Town of Clay , as codified by General
Code Publishers Corp., and consisting of Chapters 1 through 230, together with an
Appendix, shall be known collectively as the "Code of the Town of Clay," hereafter
termed the "Code." Wherever reference is made in any of the local laws, ordinances
and resolutions contained in the "Code of the Town of Clay" to any other local law,
ordinance or resolution appearing in said Code, such reference shail be changed to the
appropriate chapter title, chapter number, article number or section number appearing
in the Code as if such local law, ordinance or resolution had been formally amended to
so read.
§ 1-2. Continuation of existing provisions.
The provisions of the Code, insofar as they are substantively the same as those of
local laws, ordinances and resolutions in force immediately prior to the enactment of the
Code by this local law, are intended as a continuation of such locai laws, ordinances
and resolutions and not as new enactments, and the effectiveness of such provisions
shall date from the date of adoption of the prior local law, ordinance or resolution. All
such provisions are hereby continued in full force and effect and are hereby reaffirmed
as to their adoption by the Town Board of the Town of Clay, and it is the intention of said
Board that each such provision contained within the Code is hereby reaffirmed as it
appears in said Code. Only such provisions of former local laws and ordinances as are
omitted from this Code shall be deemed repealed or abrogated by the provisions of
§ 1-3 below.
( I f additional space is needed, attach paces the same sire as (his sheet, and number each.)
(U
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§ 1-3. Inconsistent local laws and ordinances repealed.
All local laws and ordinances or parts thereof inconsistent with the provisions
contained in the Code adopted by this local law are hereby repealed; provided,
however, that such repeal shall only be to the extent of such inconsistency, and any
valid legislation of the Town of Clay which is not in conflict with the provisions of the
Code shall be deemed to remain in full force and effect.
§ 1-4. Enactments saved from repeal; matters not affected.
The repeal of local laws and ordinances provided for in § 1-3 of this local law shall not
affect the following classes of local laws, ordinances, rights and obligations, which are
hereby expressly saved from repeal:
A. Any right or liability established, accrued or incurred under any legislative
provision of the Town of Clay prior to the effective date of this local law or any action or
proceeding brought for the enforcement of such right or liability.
B. Any offense or act committed or done before the effective date of this local
law in violation of any legislative provision of the Town of Clay or any penalty,
punishment or forfeiture which may result therefrom.
C. Any prosecution, indictment, action, suit or other proceeding pending or
any judgment rendered prior to the effective date of this local law brought pursuant to
any legislative provision of the Town of Clay.
D. Any agreement entered into or any franchise, license, right, easement or
privilege heretofore granted or conferred by the Town of Clay.
E. Any local law or ordinance of the Town of Clay providing for the laying out,
opening, altering, widening, relocating, straightening, establishing grade, changing
name, improvement, acceptance or vacation of any right-of-way, easement, street,
road, highway, park or other public place within the Town of Clay or any portion thereof.
F. Any local law or ordinance of the Town of Clay appropriating money or
transferring funds, promising or guaranteeing the payment of money or authorizing the
issuance and delivery of any bond of the Town of Clay or other instruments or evidence
of the town's indebtedness.
G. Local laws or ordinances authorizing the purchase, sale, lease or transfer
of property or any lawful contract, agreement or obligation.
H. The levy or imposition of special assessments or charges.
I. The annexation or dedication of property.
J. Any local law or ordinance relating to salaries and compensation.
K. Any local law or ordinance amending the Zoning Map.
L. Any local law or ordinance relating to or establishing a pension plan or
pension fund for town employees.
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M. Any local law or ordinance or portion of a local law or ordinance
establishing a specific fee amount for any license, permit or service obtained from the
town.
N. Any local law adopted subsequent to 9-18-2000.
O. All traffic and vehicles legislation of the Town of Clay.
P. All legislation regarding the Fire Prevention Board and Fire Prevention
Code of the Town of Clay.
§ 1-5. Severability.
If any clause, sentence, paragraph, section, article, chapter or part of this local law or
of any local law, ordinance or resolution included in this Code now or through
supplementation shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph, section, article, chapter or
part thereof directly involved in the controversy in which such judgment shall have been
rendered.
§ 1 -6. Copy of Code on fiie.
A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Clay and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified by the Town Clerk of the Town of Clay by impressing thereon the Seal of the town, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
§ 1-7. Amendments to Code.
Any and all additions, deletions, amendments or supplements to any of the local
laws, ordinances and resolutions known collectively as the "Code of the Town of Clay"
or any new local laws, ordinances or resolutions, when enacted or adopted in such form
as to indicate the intention of the Town Board to be a part thereof, shall be deemed to
be incorporated into such Code so that reference to the Code shall be understood and
intended to include such additions, deletions, amendments or supplements. Whenever
such additions, deletions, amendments or supplements to the Code shall be enacted or
adopted, they shall thereafter be printed and, as provided hereunder, inserted in the
loose-leaf book containing said Code as amendments and supplements thereto.
Nothing contained in this local law shall affect the status of any local law, ordinance or
resolution contained herein, and such local laws, ordinances or resolutions may be
amended, deleted or changed from time to time as the Town Board deems desirable.
§ 1-8. Code book to be kept up-to-date.
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It shall be the duty of the Town Clerk to keep up-to-date the certified copy of the book containing the Code of the Town of Clay required to be filed in the office of the Town Clerk for use by the public. All changes in said Code and all local laws, ordinances and resolutions adopted by the Town Board subsequent to the enactment of this local law in such form as to indicate the intention of said Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, local laws, ordinances or resolutions until such changes, local laws, ordinances or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein. § 1-9. Sale of Code book; supplementation. Copies of the Code, or any chapter or portion of it, may be purchased from the Town Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by resolution of the Town Board. The Clerk may aiso arrange for procedures for the periodic supplementation of the Code. §1-10. Penalties for tampering with Code.
Any person who, without authorization from the Town Clerk, changes or amends, by
additions or deletions, any part or portion of the Code of the Town of Clay or who alters
or tampers with such Code in any manner whatsoever which will cause the legislation of
the Town of Clay to be misrepresented thereby or who violates any other provision of
this local law shall be guilty of an offense and shall, upon conviction thereof, be subject
to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or
both.
§1-11. Changes in previously adopted legislation; new provisions.
A. In compiling and preparing the local laws, ordinances and resolutions for
publication as the Code of the Town of Clay, no changes in the meaning or intent of
such local laws, ordinances and resolutions have been made, except as provided for in
Subsection B hereof. In addition, certain grammatical changes and other minor
nonsubstantive changes were made in one or more of said pieces of legislation. It is the
intention of the Town Board that all such changes be adopted as part of the Code as if
the local laws, ordinances and resolutions had been previously formally amended to
read as such.
B. In addition, the amendments and/or additions as set forth in Schedule A
attached hereto and made a part hereof are made herewith, to become effective upon
the effective date of this local law. (Chapter and section number references are to the
local laws, ordinances and resolutions as they have been renumbered and appear in
the Code.)
C. Nomenclature.
(1) Throughout the Code:
(a) References to the "Police Department" or "Police Chief are
revised to read "Division of Police."
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(b) References to the "Board of Appeals" are revised to read
"Zoning Board of Appeals."
(c) References to the "Superintendent of Highways" are revised to
read "Highway Superintendent."
(2) Throughout Chapter 81, Article I, Building Code Enforcement,
references to the "State Building Construction Code" are updated to read "State Uniform
Fire Prevention and Building Code," except in § 81-3, which refers to the town's original
acceptance of the State Building Construction Code in 1954.
(3) Throughout Chapter 191, Snowmobiles, references to the "Parks and
Recreation Law" and the "Office of Parks and Recreation" are updated to read "Parks,
Recreation and Historic Presen/ation Law" and the "Office of Parks, Recreation and
Historic Preservation," respectively.
(4) Throughout Chapter 200, Subdivision of Land, references to the
"Master Plan" are updated to read "Comprehensive Plan."
§ 1-12. Incorporation of provisions into Code.
The provisions of this local law are hereby made Article I of Chapter 1 of the Code of
the Town of Clay, such local law to be entitled "General Provisions, Article I, Adoption of
Code," and the sections of this local law shall be numbered §§ 1-1 to 1-13, inclusive.
§ 1-13. When effective.
This local law shall take effect immediately upon filing with the Secretary of State of
the State of New York.
Schedule A
(As referenced in § 1 -11B)
The following sections are amended to remove the specific fees therefrom and provide
that fees shall be as provided in Chapter 105, Fees: §§ 5-6B(3), 69-5B(3), 69-6F, 81-12,
100-9, 112-11B, 118-9C and D, 121-4C, 144-1 IB, 167-5, 167-12, 182-7A, 200-3A(2)(a),
223-9B, 230-7B(6), 230-8B(6), 230-9B(6), 230-106(6) and 230-38A(19)(c)[3].
Chapter 1, General Provisions.
In Article II, Use and Construction, § 1-14A:
(1) The former definitions of "Board or Town Board," "Cierk or Town Clerk" and
"Justice of the Peace or Town Justice" are deleted.
(2) The definition of "Zoning Enforcement Officer" is amended to change the defined
term to "Code Enforcement Officer."
Chapter 14. Departments.
(1) In Article 11, Department of Recreation and Human Resources, § 14-14 is
amended to read as follows:
§ 14-14. Advisory committee.
The following advisory committee is hereby estabiished within the Department of
Recreation and Human Resources to advise the Commissioner on pertinent matters
and to perform such other duties as may be assigned by the Commissioner:
A. Senior Citizens Advisory Committee. There is hereby created a five-person
uncompensated committee to be known as the "Senior Citizens Advisory
Committee." Said Committee shall be responsible for developing and establishing
policy and programs on activities for the elderly within the Town of Clay and shall
assist the Commissioner in the discharge of his duties regarding said programs
and activities. The members of said Committee shaii be appointed annually by
the Town Board.
Chapter 22, Ethics.
Sections 22-2 and 22-6C are amended to delete any references to accepting or
receiving gifts.
Chapter 48. Records.
In Article I, Public Access:
Clay,-T. Schedule A 2
(1) Section 48-1 is amended to update the reference to the "Committee on Public
Access to Records established pursuant to Chapters 578, 579 and 580 of the
Laws of 1974" to the "Committee on Open Government established pursuant to
the Pubiic Officers Law."
(2) Section 48-7 is amended to increase the time limit for filing appeals from seven
days to 30 days; to increase the time limit for the Supervisor's determination from
seven days to 10 days; and to add the following sentence to the end of said
section: "A fina! denial of access to a requested record by the Supervisor shall be
subject to court review as provided In Article 78 of the Civil Practice Law and
Rules."
(3) Section 48-13 is amended to clarify the reference to the "new iaw" to read '1he
Freedom of Information Law."
Chapter 64. Zoning Board of Appeals.
In Article 1, Compensation of Board, § 64-4 is amended to read as follows:
§ 64-4. Payment for services.
Members of the Zoning Board of Appeals will be compensated as provided in the
current calendar year budget.
Chapter 69. Animals.
In Article 1, Dog Control, § 69-8 is amended to delete the terms of imprisonment for first
and second violations, and to increase the maximum fine from $75 to $100 for third and
subsequent violations.
Chapter 74. Bingo.
in § 74-3:
(1) Subsection C is amended to revise the phrase "purchase or receive" to read
"purchase, lease or receive."
(2) Subsection E is amended to change the prize limit from $250 to $1,000.
(3) Subsection F is amended to change the prize limit from $1,000 to $3,000.
(4) Subsection J is added to read as foilows:
J. No person licensed to sell bingo supplies or equipment, or their agents, shail
conduct, participate in or assist in the conduct of bingo. Nothing herein shall
prohibit a licensed distributor from selling, offering for sale or explaining a product
to an authorized organization or installing or servicing bingo equipment upon the
premises of a bingo game licensee.
(6) Subsection K is amended to update the reference to the "State Bingo Control
Commission" to read "State Racing and Wagering Board."
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• Clay;T. Schedule A 3
Chapter 81. Building Construction.
In Article il, Building Code Enforcement:
(1) Section 81-9F is added to read as follows:
F. The applicant shall submit proof of workers' compensation insurance and
disability benefits coverage or an affidavit that the applicant has not engaged an
employer or any employees to perform work relating to the building permit.
(2) In §81-26:
(a) Subsection A is amended to revise the phrase "an approved building or
certificate of occupancy" to read "an approved building permit or certificate
of occupancy" in the last line thereof.
(b) Subsection B is amended to increase the penalty from not more than $250
or imprisonment for 15 days, or both, to a penalty of not more than $1,000
per day or imprisonment not exceeding one year, or both.
(c) Subsection D is amended to update the Executive Law reference from §
385 to § 382.
Chapter 86. Buildings. Unsafe.
Section 86-20 is amended to add a fifteen-day term of imprisonment.
Chapter 97. Environmental Quality Review.
(1) Section 97-2B is amended to delete the definitions of "action," "exempt action,"
"excluded action," 'Type 11 action," "unlisted action," "Type I action" and "lead
agency."
(2) Section 97-3 is amended to delete the asterisked note referring to 6 NYCRR
617.2.
(3) Originai § 132.6, Type i action, is deleted.
(4) Section 97-6 is amended to update the reference from 617.12 to 617.5 in the first
line, and to update the references from 617.12 and 617.12(6) to 617.4 in
Subsection A.
(5) Section 97-8B is amended to update the reference from 617.6(d) to 617.6(b).
(6) Section 97-9B(2) is amended to update the reference from 617.10(c) to
617.12(c)-
(7) Section 97-1 OA is amended to update the references from 617.10(b), 617.7(e)(2)
and 617.7 to 617.12.
(8) Section 97-11A and C are amended to update the references from 617.8, 617.9
and 617.10 to 617.9, 617.11 and 617.12, respectively.
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Clay,T. Schedule A 4
(9) Section 97-15 is amended to update the reference from 617.4(j) to 617.14(g).
(10) Section 97-16 is amended to update the reference from 617.16 to 617.15.
Chapter 100, Excavations.
Sections 100-12A(1) and 100-14A are amended to change the penalty from a fine of not
more than $50 or imprisonment not exceeding 14 days, or both, to a fine of not more
than $250 or imprisonment not exceeding 15 days, or both.
Chapter 105. Fees.
(1) Section 105-4A is amended to read as follows:
A. Fees derived from Code sections. Fees for the specific Code sections
enumerated below shall be as follows:
Chapter/Section Subject Fee
Chapter 5, Appearance Tickets
§ 5-6B(3) Security amount for $15
violation
Cliapter 69, Animals
§ 69-58(3) Security amount for $15
violation
§69-6F(1) Impoundment fee $15
§ 69-6F(2) Boarding fee $7.50 per day
§ 69-6 F(3) Distemper shot $4
Chapter 81, Building Construction
§81-12 Building permittees:
Upon filing of permit
appiication, where total
valuation oif work is:
Up to $200 $15
$201 to $1,000 $25
$1,001 to $25,000 for $25, plus $4
the first $1,000 for each
additional
$1,000 or
fraction
$25,000 to $50,000 $121, plus $4
for each
additional
$1,000 or
fraction over
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Clay,T. Schedule A 5
$25,000
Over $50,000 $221, plus $4
for each $1,000
or fraction
over $50,000
Mobile home: installa- $25
tion in a mobile home
court
For renewal of expired The larger of
permits within 2 years $10 or 10% of
of expiration original fee
The foregoing fees shall
include the certificate
of occupancy, except
that:
Fee for each re- $50
inspection following a
sciieduied finai inspection
when work is complete
Chapter 100, Excavations
§ 100-9 initial permit fee $500, plus $1
per acre for
each acre of
land proposed
to be used for
or in connec-
tion with
operations to
be conducted
thereunder
(excluding
unimproved
setbacks from
roadways and
including areas
previously used
but not yet
rehabilitated
in accordance
with an
approved plan)
Annual renewal fee $100, plus the
acreage charge
outlined above
Renewal fee if public Same as initial
hearing required fee
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Glay.T. Schedule A 6
Chapter 112, Flood Damage Prevention
§112-116 Deposit to cover additional No more than
application costs $500
Chapter 118, Games of Chance
§ 118-9C License fee for conduct of $25 for each
games license period
§ 118-9D License fee for leasing of $50
premises to conduct games
Chapter 121, Gasoline Service Stations
§ 121-4C initial installation fee $250 per
gasoline
service
facility
Fee for yearly fire $10 per station
inspections
Chapter 144, Mobile Home Courts
§ 144-116 Annual license fee $100, plus $2
per mobile home
Chapter 167, Peddling and Soliciting
§ 167-5 Additional deposit/bond $5,000
amount for a license as a
solicitor who demands,
accepts or receives payment
or deposit of money in
advance of final delivery
§ 167-12 License fee for each person
licensed as a hawker,
peddler or solicitor for a
period of:
One month or iess $15
Six months or iess $25
in excess of six months $50
but for not more than
one year
Chapter 182, Sewage Disposal Systems, Individual
§ 182-7A Issuance of a permit to $25
locate and construct an
individual sewage disposal
system
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Clay; T. Schedule A 7
Chapter 223, Water
§ 223-98 Restoration of water service
During regular business $5
hours
During other than regular $7.50
business hours
Chapter 230, Zoning
§§ 230-78(6), 230- Fee in lieu of park and $100 per lot
8B(6), 230-98(6) recreation area
and 230-108(6)
§230-38A(19)(c)[3] Application fee for exterior $5 for each
promotional signs service station
or sales outlet
for a period of
30 days and an
additionai sum
of $5 for each
additional
period of 30
days not to
exceed a total
of 90 days
(2) Original § 101.05, Amendments, is deleted.
Chapter 118, Games of Chance.
(1) Section 118-3 is amended to correct the reference from the "New York State
Wagering Board" to the "New York State Racing and Wagering Board."
(2) Section 118-4A is amended to delete the term "prize" and add the terms "single
prize" and "series of prizes."
(3) Section 118-8 is amended to read as foilows:
§ 118-8. Restrictions on conduct of games of chance.
The conduct of games of chance authorized by this chapter shall be subject to the
restrictions contained in General Municipal Law § 189, as amended.
(4) Section 118-9E is amended to change the phrase "the town in which the licensed
property is located" to read simply '1he town."
(5) Section 118-12A is amended to read as follows:
A. The Officer shall have and exercise rigid control and close supervision over ail
games of chance conducted under such license, to the end that the same are fairly
conducted in accordance with the provisions of such license, the provisions ofthe
rules and regulations promulgated by the State Board, and the provisions ofthis
chapter. Such Officer and the State Board shall have the power and the authority
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Clay, T. Schedule A 8
to temporarily suspend any license issued by the Clerk and/or impose fines for
violations not to exceed $1,000. Temporary suspension of licenses shall be
promptly followed by a hearing, and after notice and hearing, the Clerk or State
Board may suspend or revoke the same and declare the violator ineligible to apply
for a license for a period not exceeding 12 months thereafter. Any fines tendered to
the Clerk or State Board shall not be paid from funds derived from the conduct of
games of chance. The Officer or the State Board shall additionally have the right of
entry, by their respective officers and agents, at all times into any premises where
any game of chance is being conducted or where it is intended that any such game
shall be conducted, or where any equipment being used or intended to be used in
the conduct thereof is found, for the purpose of inspecting the same. Upon
suspension or revocation of any license or upon declaration of ineligibility to apply
for a license, the State Board may suspend or revoke the identification number
issued pursuant to General Municipai Law § 188-a. An agent of the appropriate
officer shall make an on-site inspection during the conduct of all games of chance
licensed pursuant to this chapter.
Chapter 121. Gasoline Service Stations.
Section 121-5 is added to read as follows:
§121-5. Penalties for offenses.
Violations of this chapter shall be punishable as provided in § 1 -18 of this Code.
Chapter 126. Green Areas.
(1) Section 126-3 is amended to add the definition of "intent to consume" as follows:
INTENT TO CONSUME — Drinking from the container, with alcohol on the breath
of the possessor and/or any circumstances evidencing an intent to ultimately
consume on any public lands.
(2) Section 126-6 is amended to add the phrase "with intent to consume" following the
first occurrence ofthe word "possession."
Chapter 144, Mobile Home Courts.
(1) Section 144-6H is amended to change the reference to the "State Building
Construction Code" to read "State Uniform Fire Prevention and Building Code."
(2) Section 144-6N is amended to revise the phrase "Commissioner of Recreation and
Human Development" to read "Commissioner of Recreation and Human
Resources."
Chapter 152. Noise.
Section 152-4E is amended to add the words "in excess" before the phrase "of the
ambient noise level."
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Clay; T. Schedule A 9
Chapter 163. Parks and Recreation.
(1) Section 163-11 is amended to revise the phrase "these privileges with respect to
intoxication" to read "these privileges with respect to intoxicants."
(2) Section 163-16 is amended to read as follows:
§ 163-16. Penalties for offenses.
A violation of any provision of this chapter shall be deemed an offense punishable by a
tine not exceeding $250 or imprisonment for a term not exceeding 15 days, or both.
Chapter 167, Peddling and Soliciting.
Section 167-17 is amended to change the term of imprisonment from six months to 15
days.
Chapter 172. Poles and Wires.
Section 172-2C is added to read as follows:
C. Failure to locate and construct poles, cross-arms, wires, equipment and
underground cables in the manner approved by the Highway Superintendent and
the Town Board shall be punishable as provided in § 1-18 of this Code.
Chapter 182, Sewage Disposal Svstems. Individual.
(1) Section 182-11A is amended to update the reference to the "State Buiiding
Construction Code" to read "State Uniform Fire Prevention and Buiiding Code."
(2) Section 182-24A is amended to read as follows:
A. A violation of this chapter is hereby declared to be a misdemeanor, punishable by
a tine not exceeding $1,000 or imprisonment for a period not exceeding one year,
or both.
Chapter 185. Sewers.
(1) In P a r t i , Sewer Use:
(a) Section 185-6 is amended to update the reference to the State Building
Construction Code to read "State Uniform Fire Prevention and Building
Code."
(b) Section 185-33C is amended to add a fifteen-day term of imprisonment.
(2) In Part 2, Sewer Rents, § 185-376(1) is amended to replace the unit value of $5.50
per month with the phrase "as set in the current calendar-year budget."
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Glay;T. Schedule A 10
Chapter 191, Snowmobiles.
Section 191-5A is amended to change the reference to Subdivision 2 of § 25.13 of the
state law to read "Subdivision 1 of § 25.13"; and to revise the phrase "the operation of
such snowmobile by any such snowmobile by any such owner or operator" to read "the
operation of such snowmobile by any such snowmobile owner or operator" in the last
sentence thereof.
Chapter 200. Subdivision of Land.
(1) In §200-2:
(a) The definition of "preliminary plat approval or preliminary plan approval" is
amended to revise the reference to Subdivision 7 of § 276 of the Town Law
to read Subdivision 6 of § 276 of the Town Law.
(b) The definition of "subdivision" is amended to read as follows:
SUBDIVISION — The division of any parcel of land into two or more lots, plots,
sites or other divisions of land with or without streets or highways for immediate or
future sale or for building development.
(2) Section 200-38(1) and (2) are amended to read as follows:
(1) On reaching conclusions regarding his general program and objectives, the
owner shall submit a preliminary plat, together with other supplementary
material as specitied in § 200-6. Three copies of the preliminary plat and
required supplementary material shall be submitted to the Planning Board,
with written application for conditional approval. This preliminary plat shaii
then be cleared with public agencies and officials concerning features of the
proposed subdivision which are within their jurisdiction. Such a preliminary
plat shail be cleariy marked "preliminary plat" and shall conform to the
definition provided in these regulations.
(2) The Planning Board shaii follow the procedures of Town Law § 276,
Subdivisions 5, 8 and 10, to approve, approve with conditions or disapprove
the preliminary plat.
(3) Original Section 3, Subsections C3, 4 and 5, are deleted, and a new § 200-3C(3) is
added to read as follows:
(3) The Planning Board shall follow the procedures of Town Law § 276,
Subdivisions 6 through 10, to approve, approve with conditions or
disapprove the tinal plat.
(4) Section 200-3C(4) is amended to revise "60 days" to "62 days" and "sixty-day
period" to "sixty-two-day period."
(5) Section 200-58(1 )(b) and (c) are amended to revise the references to § 197 ofthe
Town Law to read § 197-a.
Chapter 205. Taxation.
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Clay;T. Schedule A 11
(1) in Article II, Senior Citizen Exemption:
(a) In § 205-3A, the tirst sentence thereof is amended to read as follows: "If the
income of the owner or the combined income of the owners of the property
exceeds, for the income tax year immediately preceding the date of making
application for exemption, the sum established by resolution ofthe Town
Board."
(b) Section 205-3A(1) and (2) are added to read as follows:
(1) All out-of-pocket medical and prescription drug expenses actually paid which
were not paid for by another party or reimbursed by insurance shall be
excluded from the definition of "income," for the purpose of determining
eligibility forthe senior citizen partial real property tax exemption. Proper
appiication for partial tax exemption for reai property of senior citizens must
be made with the Assessor of the Town of Clay. Said exclusion shall take
effect as of January 1, 1997.
(2) Veterans disability compensation, as detined under Titie 38 of the United
States Code, shall be excluded from the detinition of "income," for the
purpose of determining eligibility forthe senior citizen partial real property
tax exemption, pursuant to § 467 of New York State Reai Property Tax Law.
Proper application for partial tax exemption for real property of senior
citizens must be made with the Assessor of the Town of Clay. Said exclusion
shall take effect January 1,1998.
(c) Section 205-38 is amended to change all occurrences of "24 months" to "12
months."
(2) In Article III, Veterans Proportional Exemption, § 205-10 is amended to delete the
reference to § 307 of the Real Property Tax Law.
(3) In Article VI, Exemption for Persons With Disabilities and Limited Incomes, §
205-27 is amended to read as foliows:
§ 205-27. Granting of exemption.
The combined annual incomes of the owners with disabilities of real property for the
income tax year immediately preceding the date of application for exemption shaii be as
defined in § 459-c, subject to revisions made by resolution ofthe Town Board.
Chapter 223. Water.
(1) In Part 1, Water Sen/ice, originai § 45.24E, regarding fees for testing meters, is
deleted.
(2) In Part 2, Pubiic Water Facilities. § 223-16 is added to read as follows:
§ 223-16. Penalties for offenses.
Violations ofthis Part 2 shall be punishable as provided in § 1-18 ofthis Code.
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Clay;T. Schedule A 12
Chapter 230, Zoning.
(1) Section 230-2A is amended to add the following sentence to the end thereof:
"Terms not defined in this chapter shall have the meanings provided in the New
York State Uniform Fire Prevention and euilding Code, and/or will carry their
customary meanings per Webster's Dictionary."
(2) Section 230-28 is amended to read as follows:
B. Rules of interpretation. Forthe purpose of this chapter, certain terms or words
herein shall be interpreted or defined as follows:
(1) Words used in the present tense include the future tense.
(2) The singular includes the plural and the plural inciudes the singular, unless
the context indicates otherwise, and the masculine includes the feminine and
neuter.
(3) The word "person" includes an individual person, atirm, a corporation, a
copartnership and any other agency of voluntary action.
(4) The term "shall" is always mandatory, and the term "may" is permissive.
(5) The word "used" or "occupied" as applied to any iand or building shall be
construed to inciude the words "intended, arranged or designed to be used
or occupied."
(6) The word "lot" includes the word "plot" or "parcel."
(7) The word "building" or "structure" includes any part thereof.
(3) ln§230-2C:
(a) The following detinitions are deleted: "abandoned gasoline service station";
"basement"; "boardinghouse"; "cellar"; "clubhouse"; "hospital, animal"; "park
lands"; "principal building"; "rental parking area"; "trade school"; and "trailer
court."
(b) The detinition of "construction sign located in commercial and industrial
zones" is amended to delete the phrase "located in commercial and
industrial zones."
(c) The definition of "corner lots" is amended to add Subsection (1) as follows:
(1) A lot situated at the junction of and adjacent to two or more intersecting
streets when the interior angle of intersection does not exceed 135°.
(d) The definition of "day care" is added to read as follows:
DAY CARE — The following terms, derived from the Official Compilation of Codes,
Rules and Regulations (NYCRR) Part 416, 417 and 418, shall apply:
(1) CERTIFICATE — A document issued by an authorized child care agency, in
accordance with the regulations ofthe Department of Social Sen/ices (DSS),
-12
Clay;T. Schedule A 13
authorizing a person to provide day care in a family home for children
received from such agency.
(2) DAY CARE CENTER — A place, person, association, corporation, institution
or agency which provides day care for three or more children away from
their own homes, excluding those receiving family day care or group family
day care, for more than three hours and less than 24 hours, with or without
payment or compensation. The name, description or form ofthe entity which
operates a day care center shall not affect its status as a day care center.
(3) DAY CARE OF CHILDREN — Care provided for three or more children
away from their own homes for less than 24 hours per day for compensation
or otherwise.
(4) FAMILY DAY CARE HOME — The primary residence of a provider of day
care for not more than six children away from their homes for more than five
hours per week.
(5) GROUP FAMILY DAY CARE HOME — The primary residence of a provider
of day care for not more than 14 children away from their own homes for
more than three hours per day.
(6) PERMIT — A document issued by the State Department of Social Services
(DSS) authorizing a place, person, association, corporation, institution or
agency to provide day care in accordance with the regulations of the
department.
(e) The defined term "facing of a sign" is amended to read "face (when referring
to a sign)."
(f) The definition of "gross leasable area" is added to read as follows:
GROSS LEASA8LE AREA — The total floor area designed for tenant occupancy
and exclusive use, including any basements, mezzanines or upper tioors,
expressed in square feet and measured from the center line of joint partitions and
from outside wall faces.
(g) The definition of "high-pressure natural gas transmission line" is added to
read as follows:
HIGH-PRESSURE NATURAL GAS TRANSMISSION LINE — One whose normal
operating pressure is equal to or in excess of 250 pounds per square inch.
(h) The detined term "mobile home park" is amended to read "mobile home
court."
(i) The definition of "retail propane sales" is added to read as foilows:
RETAIL PROPANE SALES — The sale of propane or any other liquefied petroleum
gas (LPG) involving the refilling of portable containers. Speciticaily excluded is the
sale of prefilled LPG containers weighing iess than 16.5 ounces.
(4) Section 230-3 is amended to delete the "FP Floodplain District" and "ACC Arterial
Commercial Control Districts" from the list of districts.
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Clay;T. Schedule A 14
(5) Section 230-6E is amended to add the phrase "to make provision for, so far as
conditions may permit, the accommodation of solar energy systems and equipment
and access to sunlight necessary therefor" following the phrase 'to avoid undue
concentration of population."
(6) Section 230-16C is amended to change all references to "Planned Unit Residential
Development District" to read "Planned Unit Development District"; Subsection
C(9)(a) is amended to change the reference to the "Bureau of Environmental
Sanitation" to read "Division of Environmental Health"; and Subsection C(9)(f) is
amended to change the reference to the "Underground Facilities Protective
Organization of Onondaga County" to read "Underground Facilities Protective
Organization."
(7) Section 230-26A(4) is amended to add the word "public" before the words
"swimming pools."
(8) Section 230-26A(10) is amended to add the word "public" before the word
"marinas."
(9) Section 230-36 is amended to delete the last sentence thereof of Subsection D(1)
and to delete former Subsections H(1) and 1(1).
(10) Section 230-386(1 )(a) is amended to replace the phrase "Subsection A,
Paragraph 6, ofthis section" with the phrase "§ 230-2."
(11) Section 230-406(10) is amended to delete the last sentence thereof.
(12) Section 230-42A(3) is amended to add the words "or amendment" following
the phrase "prior to the effective date of adoption."
(13) Section 230-44C is amended to read as foilows:
G. Variances.
(1) Orders, requirements, decisions, interpretations, determinations. The Zoning
6oard of Appeals may reverse or affirm, wholly or partly, or may modify the
order, requirement, decision, interpretation or determination appealed from
and shall make such order, requirement, decision, interpretation or
determination as in its opinion ought to have been made in the matter by the
Commissioner charged with the enforcement of this chapter and to that end
shall have all the powers of the Commissioner from whose order,
requirement, decision, interpretation or determination the appeal is taken.
(2) Use variances. The Zoning 8oard of Appeals, on appeal from the decision or
determination of the Commissioner, shall have the power to grant use
variances, as defined herein in accordance with § 267-b of the Town Law.
(3) Area variances. The Zoning 6oard of Appeals shall have the power, upon an
appeal from a decision or determination ofthe Commissioner, to grant area
variances as detined herein, in accordance with § 267-b of the Town Law.
(4) Imposition of conditions. The Zoning 8oard of Appeals shall, in the granting
of both use variances and area variances, have the authority to impose such
reasonable conditions and restrictions as are directly related to and
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Clay; T. Schedule A 15
incidental to the proposed use of the property. Such conditions shail be
consistent with the spirit and intent of this chapter and shall be imposed for
the purpose of minimizing any adverse impact such variance may have on
the neighborhood or community.
15-
(Complete (hc ccrtificadoo in (hc paragraph (hat applies (o the filiag of (his local law aad
s(rikc out (ha( which is not applicable.)
(Final adoption by local legislative body only.)
crcby certify that (he local law annexed hereto, designated as local law No. _1 ^001
[he («««KJWP?(ll)(Town)(3ailU9fe} of ^^^y was duly passed by the
Town Board on August 2 0 . 20 01 , in accordance with the applicable provisions of law.
(Passage by local legisladve body with approval, no disapproval or rcpassage after dtsapproval
by (he Elecdve Chief Execudve O f f i c e r ' . )
ereby cerdfy (hat (he local law annexed hereio, designated as local law No. o f 2Q
the (County)(City)(Town)(Village) of was duly passed by the
^ on 2Q » and was (approved)(not disapproved)(repassed after
•me o f L c r i « U t i r e Bod}-}
approval) by the and was deemed duly adopted on 20
( E l e c t i v t ChUf E»c«cuttv« O f f i c e r ' )
accordance wiih the applicable provisions of law.
(Final adoption by referendum.)
icreby certify thai the local law anne.xed hereto, designated as local-law No. of -20
lhe (County){Ciiy)(Town)(ViUage) of duly passed by the
on 20 ^ and was (approved)(not disapproved)(repassed after
i.mc o f L < { u U t i v c Body)
;approv-al) by iihe on 20 - Such local law was
(Elective Chief Executive O f f i c e r * )
bmitted to the people by reason of a (mandatoryXpermissive) referendum, and received the affirmative
le of a majority of the qualified electors voting thereon at the (gencral)(special)(annual) election held on
20 , in accordance with the appUcable provisions o f law.
(Subject to permissive referendum and final adoption because no valid petition.was filed requesting
rcfcrndiim.)
lereby certify that the local law annexed hereto, designated as local law No. of20
the (County)(CityXTownXViUagc) o f ; was duly passed by the
on 20 ^ and was (approvedXnot disapproved){repassed after
.Ktne of LcciaUtivi: Body)
sapproval) by the on 20 . Such local law was subject to
(Elective Chief Exeeuliv* O f f i c e r " )
rmissivc referendum and no valid petition requesting such referendum was filed as of- 20 ,
accordance with (he applicable provisions of law.
:iec(ivc Chief Execu(ivr Officer means or Includes the chief execu(ivc officer of a coun(y clcc(cd on a
oun(y-wide basis or, if there be none, (hc chairman of Che counly IcgUladvc body, (he mayor of a cUy
r village, or (he supervisor of a town where such officer is vested wllh the power (o approve or ve(o local
aws or ordinances.
5. (City local law concerning Charter revision proposed by peddon.)
I hereby certify- that the local-law annexed hereto, designated as local law No. •' of 20
of the City of having been submitted to referendum pursuant to
the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majorily of the qualified eleciors of such cily voting thereon at the (specialXgeneral) electioii held on
20 , became operative.
i . (County local law concerning adopdon of Char(er.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of ^ State of New York, having been submitted to the electors at the General Election of November 20 , pursuanl to subdivisions 5. and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority-of the qualified electors of the cities of said county as a unit and of a majority of the quaUfied electors of the towns of said county considered as a unit voting at said general election, became operative, (If any other authorized form of final adoption has been followed, please provide an appropritate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correcl transcripi therefrom and of the whole of such original local law, and was finally adopled in the manner indicated in paragraph J; , above.
erk of the
Clerk tLe County lejpil&tive
lefril&tive body, City,
City. 1Town or VilUpe Clerk
or offtcer deii(nkted by local legilitttve body
VIVIAN I . MASON, TOWN CLERK
(Seal) Date: AUGUST 27, 2001
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorUed Atlorney of locallly.)
STATEOFNEWYORK
COUNTYOF ONONDAGA
I, the undersigned, hereby certifythat the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto.
Sicnature—KUBLRTi^MZ GERMAIN
TOWN ATTORNEY
Title
etWX of CLAY
Town
Date: AUGUST 27. 2001