Village Code

Preface   

            The Village of Silver Creek’s earliest pioneer settlers were Abel Cleveland and David Dickinson who arrived from Massachusetts in 1802. Due to the advantages at the time of black walnut trees and the availability of the waters of Silver Creek and Walnut Creek, they purchased 172 acres of land from the Holland Land Company in 1803. Later that year they were joined by John Howard, also from Massachusetts. The men first built a grist mill for grinding corn and later a sawmill. Later, Cleveland and Dickinson left to go into Ohio. John Howard built and lived in the first log cabin which is situated on the bank of Silver Creek on what is now Howard Street. Eventually, with the arrival of other pioneers, the little community grew and became know as the settlement of “Fayette”. On July 7, 1848, it had become large enough to be officially incorporated as a village and was renamed “Silver Creek.” The origin of the village’s name is unrecorded in the archives. It has been speculated that it was named after an early post office in the area called “Silver Creek”, but this is undocumented.

            From the 1820’s onward, Silver Creek became an important transportation port for the Lake Erie shipping, an era which ended in the 1850’s with the arrival of the railroad system and still later with the routing of the Greyhound Bus lines through Silver Creek. It was a prosperous era for the village during the 1920’s, 1930’s and 1940’s due to its location at the intersection of State Routes 5 and 20. Later, with the construction of New York State I-90, the Thruway, much interstate traffic was diverted from Silver Creek.

            Today, signs of Silver Creek’s earlier past can be seen in its numerous original mid-Victorian and late-Victorian style homes. The Village’s two main landmarks are the Skew Arch on Jackson Street and the Walnut Tree monument located on upper Main Street. The Skew Arch, built by the railroad in 1869, is of unique design and is reportedly one of only two of its kind in the world.

            The Walnut Tree monument consists of the original millstone used by the first settlers and marks the spot where a famous giant walnut tree once stood. After it was blown down in a windstorm in the 1800’s, it was hollowed out and used as a small store before being sold and exhibited in Buffalo, New York, and later in London, England, where it was finally burned in a museum fire.

            Today, although Silver Creek’s population does not vary much, it can still hold it’s own with other small towns of it’s size.

            Over the years, the Village of Silver Creek has passed through a process of legislative change common to many American communities. While only a few simple laws were necessary at the time of the establishment of the village, subsequent growth of the community, together with the complexity of modern life, has created the need for new and more detailed legislation for the proper function and government of the village. The recording of local law is an aspect of municipal history, and as the community develops and changes, review and revision of old laws and consideration of new laws, in the light of current trends, must keep pace. The orderly collection of these records is an important step in this ever-continuing process. Legislation must be more than mere chronological enactments reposing in the pages of old records. It must be available and logically arranged for convenient use and must be kept up-to-date. It was with thoughts such as these in mind that the Board of Trustees ordered the following codifications of the village’s legislation.

Contents of Code

            The various chapters of the Code contain all currently effective legislation (local laws, laws and certain resolutions) of a general and permanent nature enacted by the Board of Trustees of the Village of Silver Creek, including revisions or amendments to existing legislation deemed necessary by the Board of Trustees in the course of the codification.

Division of Code

            The Code is divided into parts. Part I, Administrative Legislation, contains all village legislation of an administrative nature, namely, that dealing with the administration of government, that establishing or regulating municipal departments and that affecting officers and employees of the municipal government and it’s departments. Part II, General Legislation, contains all other village legislation of a regulatory nature. Items of legislation in this part generally impose penalties for violation of their provisions, whereas those in Part I do not. 

Grouping of Legislation and Arrangement of Chapters

            The various items of legislation are organized into chapters, their order being an alphabetical progression from one subject to another. Wherever there are two or more items of legislation dealing with the same subject, they are combined into a single chapter. Thus, for example, all legislation pertaining to the regulation of streets and sidewalks may be found in Part II, in the chapter entitled “Streets and Sidewalks.” In such chapters, use of Article or Part designations has preserved the identity of the individual items of legislation.

Table of Contents

            The Table of Contents details the alphabetical arrangement of material by chapter as a means of identifying specific areas of legislation. Wherever two or more items of legislation have been combined by the editor into a single chapter, titles of the several Articles or Parts are listed beneath the chapter title in order to facilitate location of the individual item of legislation.

Reserved Chapters

            Space has been provided in the Code for the convenient insertion, alphabetically, of later enactments. In the Table of Contents such space appears as chapters entitled “(Reserved).” In the body of the Code, reserved space is provided by breaks in the page-numbering sequence between chapters.

Pagination

            A unique page-numbering system has been used, in which each chapter forms an autonomous unit. One hundred pages have been allotted to each chapter, and the first page of each is the number of that chapter followed by the numerals “01.” Thus, Chapter 6 begins on page 601, Chapter 53 on 5301, etc. By use of this system, it is possible to add or to change pages in any chapter without affecting the sequence of subsequent pages in other chapters, and to insert new chapters without affecting the existing organization.

Numbering of Sections

            A chapter-related section-numbering system is employed, in which each section of every item of legislation is assigned a number, which indicates both the number of the chapter in which the legislation is located and the location of the section within that chapter. Thus, the first section of Chapter 6 is 6-1, while the fourth section of Chapter 53 is 53-4. New sections can then be added between existing sections using a decimal system. Thus, for example, if two sections were to be added between 53-4 and 53-5, they would be numbered as 53-4.1 and 53-4.2.

Scheme

            The Scheme is the list of section titles which precedes the text of each chapter. These titles are carefully written so that, taken together, they may be considered as a summary of the content of the chapter. Taken separately, each describes the content of a particular section. For ease and precision of reference, the Scheme titles are repeated as section headings in the text.  

Histories

            At the end of the Scheme in each chapter is located the legislative history for that chapter. This History indicates the specific legislative source from which the chapter was derived, including the enactment number (e.g., local law number, bylaw number, resolution number, etc.), if pertinent, and the date of adoption. In the case of chapters containing Parts or Articles derived from more than one item of legislation, the source of each Part or Article is indicated in the History. Amendments to individual sections or subsections are indicated by histories where appropriate in the text.

Codification Amendments and Revisions

            New chapters adopted during the process of codification are specifically enumerated in chapter Histories with reference to “Ch. 1, General Provisions,” where the legislation adopting this Code and making such revisions will appear after final enactment. Sections amended or revised are indicated in the text by means of Editor’s Notes referring to the chapter cited above.

Appendix

            Certain forms of local legislation are not of a nature suitable for inclusion in the main body of the Code but are of such significance that their application is community-wide or their provisions are germane to the conduct of municipal government. The appendix of this Code is reserved for such legislation and for any other material that the community may wish to include.

Disposition List

            The Disposition List is a chronological listing of legislation adopted since the publication of the Code, indicating its inclusion in the Code or the reason for its exclusion. The Disposition List will be updated with each supplement to the Code to include the legislation reviewed with said supplement. 

Index

            The Index is a guide to information. Since it is likely that this Code will be used by persons without formal legal training, the Index has been formulated to enable such persons to locate a particular section quickly. Each section of each chapter has been indexed. The Index will be supplemented and revised from time to time as new legislation is added to the Code.

Instructions for Amending the Code

            All changes to the Code, whether they are amendments, deletions or complete new additions, should be adopted as amending the Code. In doing so, existing material that is not being substantively altered should not be renumbered. Where new sections are to be added to a chapter, they can be added at the end of the existing material (continuing the numbering sequence) or inserted between existing sections as decimal numbers (e.g., a new section between 45-5 and 45-6 should be designated 45-5.1). New chapters should be added in the proper alphabetical sequence in the appropriate division or part (e.g., Part I, Administrative Legislation, or Part II, General Legislation), utilizing the resolved chapter numbers. New chapter titles should begin with the key word for the alphabetical listing (e.g., new legislation on abandoned vehicles should be titled “Vehicles, Abandoned” under “V” in the table of contents, and a new enactment on coin-operated amusement devices should be “Amusement Devices” or “Amusement Devices, Coin-Operated” under “A” in the table of contents). Where a reserved number is not available, an “A” chapter should be used (e.g., a new chapter to be included between Chapters 45 and 46 should be designated Chapter 45A). New Articles may be inserted between existing Articles in a chapter (e.g., adding a new district to the Zoning Regulations) by the Articles XVI and XVII should be designated Article XVIA). The section numbers would be as indicated above (e.g., if the new Article XVIA contains six sections and existing Article XVI ends with 45-30 and Article XVII begins with 45-31, Article XVIA should contain 45-30.1 through 45-30.6).

Supplementation

            Supplementation of the Code will follow the adoption of new legislation. New legislation or amendments to existing legislation will be included and repeals will be indicated as soon as possible after passage. Supplemental pages should be inserted as soon as they are received and old pages removed, in accordance with the Instruction Page which accompanies each supplement.

Acknowledgment

            The assistance of the village officials is gratefully acknowledged by the editor. The codification of the legislation of the Village of Silver Creek reflects an appreciation of the needs of a progressive and expanding community. As in many other municipalities, officials are faced with fundamental changes involving nearly every facet of community life. Problems increase in number and complexity and range in importance from everyday details to crucial areas of civic planning. It is the profound conviction of General Code Publishers Corp. that this Code will contribute significantly to the efficient administration of local government. As Samuel Johnson observed, “The law is the last result of human wisdom acting upon human experience for the benefit of the public.”

 


Chapter 1 General Provisions

 

Adoption of Code

§1-1.                Legislative intent.

§1-2.                Continuation of existing provisions.

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

§1-4.                Enactments saved from repeal; matters not affected.

§1-5.                Severability.

§1-6.                Copy of Code on file.

§1-7.                Amendments to Code.

§1-8.                Code book to be kept up-to-date.

§1-9.                Sale of Code book; supplementation.

§1-10.              Penalties for tampering with Code.

§1-11.              Changes in previously adopted legislation; new provisions.

§1-12.              Incorporation of provisions into Code.

§1-13.              When effective.

§1-14.              (Reserved)

ARTICLE II

Terminology

§1-15.              General word usage.

§1-16.              Specific word usage.

ARTICLE III

General Penalty

§1-17.              Penalties for offenses.

ARTICLE IV

Interpretation with State Law

§1-18.              Supersession of Village Law.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek: Art. I, 9-3-1996 as L.L. No. 1-1996; Art. II, 2-7-1983 as §§ 1.2B and 1.3 of the 1983 Code; Art. III, 2-7-1983 as §1.10 of the 1983 Code; Art. IV, 2-7-1983 as §1.14 of the 1983 Code.  Amendments noted where applicable.]

Adoption of Code

[Adopted 9-3-1996 as L.L. No. 1-1996]

§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 Village of Silver Creek, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 215, together with an Appendix, shall be known collectively as the “Code of the Village of Silver Creek,” hereafter termed the “Code.” Wherever reference is made in any of the local laws, ordinances and resolutions contained in the “Code of the Village of Silver Creek” to any other local law, ordinance or resolution appearing in said Code, such reference shall 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 local 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 Board of Trustees of the Village of Silver Creek, 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.

§1-3.  Repeal of enactments not included in Code. All local laws and ordinances of a general and permanent nature of the Village of Silver Creek in force ON THE DATE OF THE ADOPTION OF THIS LOCAL LAW AND NOT CONTAINED IN SUCH Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.

§1-4.  Enactments saved from repeal; matters not affected. The repeal of local laws and ordinances provided for in §1-3 of this local law shall not affect the following classes of local laws, ordinances, 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 Village of Silver Creek 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 Village of Silver Creek 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 Village of Silver Creek.

•D.     Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Silver Creek.

•E.      Any local law or ordinance of the Village of Silver Creek 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 Village of Silver Creek or any portion thereof.

•F.      Any local law or ordinance of the Village of Silver Creek appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Village of Silver Creek or other instruments or evidence of the village’s indebtedness.

•G.     Local laws or ordinances authorizing the purchase, sale lease or transfer or property, or any lawful contract or obligation. •H.     The levy or imposition of special assessments or charges.

•I.        The annexation or dedication of property.

•J.       Any legislation relating to salaries.

•K.    Any local law or ordinance amending the Zoning Map.

•L.      Any legislation adopted subsequent to January 1, 1995.

•M.   Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

§1-5.  Severability. If any clause, sentence, paragraph, section, Article, chapter or part of this local law or 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 it’s 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 file. A copy of the Code, in loose-leaf form, has been filed in the office of the Village Clerk of the Village of Silver Creek 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 Village Clerk of the Village of Silver Creek by impressing thereon the Seal of the Village of Silver Creek, and such certified copy shall remain on file in the office of said Village Clerk to be made available to persons desiring to examine the same during 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 Village of Silver Creek” or any new local laws or resolutions, when enacted or adopted in such form as to indicate the intention of the Board of Trustees to be a part thereof, shall be deemed to be incorporated into such Code so that references 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 Board of Trustees deems desirable.

§1-8.  Code book to be kept up-to-date. It shall be the duty of the Village Clerk to keep up-to-date the certified copy of the book containing the Code of the Village of Silver Creek required to be filed in the office of the Village Clerk for use by the public. All changes in said Code and all local laws and resolutions adopted by the Board of Trustees 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 until such changes, local laws 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 may be purchased from the Village Clerk of the Village of Silver Creek upon the payment of a fee to be set by resolution of the Board of Trustees, which Board may also arrange by resolution for procedures for the periodic supplementation thereof.

§1-10.  Penalties for tampering with Code. Any person who, without authorization from the Village Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Silver Creek or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Silver Creek 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 two hundred fifty dollars ($250.) or imprisonment for a term of not more than fifteen (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 Village of Silver Creek, 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 (1) or more of said pieces of legislation. It is the intention of the Board of Trustees 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.       Nomenclature changes. •(1)    Throughout the Code, the term “Building Inspector” is hereby changed to “Code Enforcement Officer.” •(2)    Throughout the Code, the term “Police Chief” is hereby changed to “Chief of Police.” •(3)    Throughout the Code, the terms “Water Superintendent” and “Sewer Superintendent” are hereby changed to “Water and Sewer Superintendent.” •(4)    Throughout the Code, the term “Highway Superintendent” is hereby changed to “Street Superintendent.” •(5)    Throughout the Code, “State Building Construction Code” is hereby amended to “New York State Uniform Fire Prevention and Building Code.”

•C.      In addition, the following amendments and/or additions are made herewith, to become effective upon the effective date of this local law as set forth in Schedule A attached hereto and made a part hereof (chapter and section number references are to the local laws, ordinances and resolutions as they have been renumbered and appear in the Code).1

§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 Village of Silver Creek, 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. [A local law making certain substantive changes to existing laws and local laws, adopting certain new pieces of legislation and providing for the adoption of this Code as the “Code of the Village of Silver Creek” is presently proposed before the Board of Trustees. Upon final adoption, it will be included here as Article I of this chapter.]

§1-14.  (Reserved)

ARTICLE II

Terminology [Adopted 2-7-1983 as §§1.2B and 1.3 of the 1983 Code]

§1-15.  General word usage. All words used in this Code and not otherwise specifically defined shall be construed as prescribed in the General Construction Law or, if not defined therein, in the manner that they normally used unless the context or subject matter requires otherwise; but words that have acquired a technical meaning in law and are so used shall be construed and understood in accordance with such meaning.

§1-16.  Specific word usage.

•A.     Word used in the present tense includes the future tense.

•B.     The singular number includes the plural.2

•C.     The term “person” or “persons” or any pronoun referring to a “person” shall be deemed to include one (1) or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued. [Added 9-3-1996 by L.L. No. 1-1996]

•D.     “May” is permissive; “shall” is mandatory. [Added 9-3-1996 by L.L.    No. 1-1996]

ARTICLE III

General Penalty [Adopted 2-7-1983 as §1.10 of the 1983 Code]

§1-17.  Penalties for offenses.

•A.     When no specific penalty is prescribed in any chapter contained in this Code, rule or regulation of the village or in any other provision of law for any act which is prohibited or for the failure to do any act which is required and is made or declared to be unlawful, the violation therof shall be punishable by a fine not less than fifty dollars ($50.) nor more that five hundred dollars ($500.) or by imprisonment for not more than fifteen (15) days, or both such fine and imprisonment. [Added 9-3-1996 by L.L. No. 1-1996]

•B.     In all cases, the Board of Trustees may enforce obedience of any provisions of this Code by injunction.

ARTICLE IV

Interpretation with State Law [Adopted 2-7-1983 as §1.14 of the 1983 Code]

§1-18.  Supersession of Village Law. In case any provision of the Village of Silver Creek Code is inconsistent with any provision of the Village Law, pursuant to the authority contained in Subdivision 1e(3) of §10 of the Municipal Home Rule Law, the Village Law is modified and superseded in it’s application to the Village of Silver Creek to the extent and only to the extent that the Village Law is inconsistent with any provision of the Village of Silver Creek Code. SILVER CREEK CODE ARTICLE V Legislation Enacted During Codification [During the process of codification, certain new pieces of legislation or changes and/or additions to various existing pieces of legislation were approved by the Board of Trustees for inclusion in the Code of the Village of Silver Creek. Such amendments and new enactments are noted in the histories of individual chapters as “…amended (adopted) during codification; see Ch. 1, General Provisions, Art. V.” Upon final enactment, a complete enumeration of all chapters and sections in the Code involved in such enactments will be included in this Article, along with specific dates of adoption. The listing below sets forth each chapter and, where applicable, each Article affected by any such legislation adopted during codification. The complete text of such amendments is on file in the office of the Village Clerk where it may be inspected during regular office hours.] Adoption Chapter/Article                                     Date                                     Legislation A219, Fees                                          9-3-1996                                 Resolution 1 Editor’s Note:  In accordance with §1-11C, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments or additions will be replaced with the following history:  “Amended (added) 9-3-1996 by L.L. No. 1-1996.” Schedule A, which contains a complete description of all changes, is on file in the village offices. 2 Editor’s Note:  Former Subsection 3, dealing with masculine gender-specific word usage, which immediately followed this subsection, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. 1.


 

Chapter 3 Administration of Government

 

§3-1.                Failure of officers or employees to perform duties.

§3-2.                Authority of deputies and assistants.  

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 2-7-1983 as §§1.11 and 1.12 of the 1983 Code. Amendments noted where applicable.

GENERAL REFERENCES Defense and indemnification-See Ch. 19. Code of Ethics-SeeCh. 25.

§3-1.    Failure of officers or employees to perform duties. The failure of any officer or employee of the village to perform an official act imposed by this Code shall not be an offense and shall not subject such officer or employee to the penalty imposed for the violation of any provision of this Code unless a penalty is specifically provided therefore.

§3-2.    Authority of deputies and assistants.

•A.      Wherever any officer of the village is granted certain powers or duties or is designated as the enforcement officer of a specific chapter or portion thereof, it shall also be construed to include the deputies, assistants and representatives of such officer as may be designated, delegated or authorized by such officer to exercise such powers or duties.

B.  While acting within the scope of their employment, it shall be presumed that   all acts performed by such deputies, assistants and representatives were duly delegated and authorized.

 


Chapter 6 Appearance Tickets

§6-1.                Purpose

§6-2.                Authorized servers; specific areas of enforcements.

§6-3.                Existing and future positions included.

§6-4.                Method of service.  

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek at the of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]

GENERAL REFERENCES Animals-See Ch.50. Building construction and fire prevention-See Ch.63. Vehicles and traffic-See Ch.201. Zoning-See Ch.215.

§6-1.    Purpose. The purpose of this chapter is to authorize certain public servants of the Village of Silver Creek to issue and serve appearance tickets in connection with violations of state statutes, local laws, or rules and regulations of the village, which said public servants are authorized or required to enforce.

§6-2.    Authorized servers; specific areas of enforcement. The Code Enforcement Officer and police officers, part- or full-time, are hereby authorized to issue and serve appearance tickets, as defined by §150.10 of the Criminal Procedure Law, with respect to violations of a state statute, a local law, rule or regulation of the Village of Silver Creek that such public servants are required or authorized to enforce. Specific areas of enforcement are fire prevention and building construction, dogs and other animals, Chapter 215, Zoning, and all other zoning or planning regulations relating to health, safety or welfare of the occupants of any building or of persons subject to the use of property within the village. Appearance tickets shall be made returnable before the Village Justice of the Village of Silver Creek.

§6-3.    Existing and future positions included. The above listing of public servants is intended to and does include those positions presently in existence and, additionally, such said designated positions as may subsequently be created by the Village Board of Silver Creek.

§6-4.    Method of service. An appearance ticket shall be served personally, except for an appearance ticket issued for a traffic infraction related to parking, as provided in §150.40 of the Criminal Procedure Law.

 


Chapter 9 Assessment

 

ARTICLE I

Termination as Assessing Unit

§9-1.                Legislative intent.

§9-2.                Termination of assessing statutes.

§9-3.                Abolishment of Assessor.

§9-4.                Abolishment of Board of Assessment Review.

§9-5.                Assessment rolls.

§9-6.                Filing copies.

§9-7.                When effective; referendum.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek: Art. I 4-7-1986 as L.L No. 2-1986. Amendments noted where applicable.]

GENERAL REFERENCES Taxation-See Ch. 186.

ARTICLE I

Termination as Assessing Unit

[Adopted 4-7-1986 as L.L No. 2-1986]

§9-1.    Legislative intent.   The intent of the Board of Trustees of the Village of Silver Creek is to implement §1402, Subdivision 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 Article 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 assessments of real property located within the Village of Silver Creek.

§9-2.    Termination of assessing statutes.   On or after the effective date of this Article, the Village of Silver Creek shall cease to be an assessing unit.

§9-3.    Abolishment of Assessor.   The position of Assessor in the Village of Silver Creek is hereby abolished.

§9-4.    Abolishment of Board of Assessment Review.   The Board of Assessment Review in the Village of Silver Creek is hereby abolished.

§9-5.    Assessment rolls.   On or after the effective date of this Article, taxes in the Village of Silver Creek shall be levied on a copy of the applicable part of the assessment roll of the Town of Hanover, with the taxable status date of such town controlling for village purposes.

§9-6.    Filing of copies.[1]   Within five (5) days of the effective date of this Article, the Board of Trustees of the Village of Silver Creek shall file a copy of such Article with the Clerk and Assessor (or Board of Assessors) of the Town of Hanover and with the State Board of Real Property Services.

§9-7.    When effective; referendum.[2]   This Article shall take effect immediately upon filing with the Secretary of State; provided, however, that such Article 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.     [1] Editor’s Note: Amended at time of adoption of Code; see Ch1, General Provisions, Art. I. [2] Editor’s Note: No valid petition having been filed, such Article was deemed duly adopted.


Chapter 15 Continuity of Government

 

§15-1.              Title.

§15-2.              Intent.

§15-3.              Definitions

§15-4.              Designation of interim successors; status; compensation.

§15-5.              Assumption of powers and duties of officer by emergency interim successor.

§15-6.              Recording and notice of designation.

§15-7.              Qualification for taking office.

§15-8.              Suspension of quorum requirements; vote.

§15-9.              Mutual aid.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 2-7-1983 as Ch.2 of the 1983 Code. Amendments noted where applicable.]

GENERAL REFERENCES Administration of government-See Ch.3.

§15-1.  Title.   This chapter shall be known and may be cited as the “Continuity of Government Law of the Village of Silver Creek, New York.”

§15-2.  Intent.   The New York State Defense Emergency Act, in §29-a thereof,[1] authorizes political subdivisions of the state to provide for the continuity of their governments in the event of an actual or imminent attack upon the United States by an enemy or foreign nation. The Executive Law, in §27 thereof, authorizes political subdivisions to provide for the continuity of their governments in the event of other public disasters, catastrophes or emergencies. Based on the authority contained in such laws, this chapter is adopted so that on such occasions the government of the Village of Silver Creek, New York, may continue to function properly and effectively under emergency circumstances

§15-3.  Definitions.   As used in this chapter, the following terms shall mean and include the following:   ATTACK–Any attack, actual or imminent, or series of attacks by an enemy or foreign nation upon the United States, causing or which may cause substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, shell fire or nuclear, radiological, chemical, bacteriological or biological means or other weapons or processes.   DULY AUTHORIZED DEPUTY–A person authorized to perform all the powers and duties of a public office in the event that the office is vacant or at such times as it lacks administration due to the death, absence or disability of the incumbent officer, where such authorization is provided pursuant to the provisions of any general, special or local law other than this chapter.   EMERGENCY INTERIM SUCCESSOR–A person designated pursuant to this chapter for possible temporary succession to the powers and duties, but not the office, of a village officer in the event that neither such officer nor any duly authorized deputy is able, due to death, absence from the village or other physical, mental or legal reasons, to perform the powers and duties of the office.   PUBLIC DISASTERS–A disaster, catastrophe or emergency, actual or imminent, of such unusual proportions or extent that a substantial number of the residents of the Village of Silver Creek either sustain injury, become ill, are infected with disease, have their lives imperiled, are killed or die as the result of injury, disease or exposure or the property of a substantial number of such residents is imperiled, damaged or destroyed; and it is necessary and essential in the interest of public safety, health and welfare that the continuity of the government of the Village of Silver Creek be assured in order that it be enabled to function properly and efficiently and to exercise its essential powers in meeting emergency conditions. Such disasters, catastrophes and emergencies may include, but shall not be limited to conflagrations, explosions, earthquakes other convulsions of nature, floods, tidal waves, pestilence, riots, insurrections, storms, prolonged failure of electric power or essential transportation services or any incident or occurrence which causes or threatens to cause danger to life, health or property from exposure to noxious materials or radiation.

§15-4.  Designation of interim successors; status; compensation.

•A.      Elective officers. Within thirty (30) days following the effective date of this chapter and thereafter within thirty (30) days after first entering upon the duties of their office, each elective officer shall, in addition to any duly authorized deputy, designate such number of emergency interim successors to the powers and duties of their office and specify their rank in order of succession after any duly authorized deputy so that there will not be less than three (3) duly authorized deputies or emergency interim successors, or combination thereof, to perform the powers and duties of the office.

•B.       Appointive officers. Each officer or body of officers empowered by law to appoint officers shall within the time specified in Subsection A of this section, in addition to any duly authorized deputy, designate for each such appointive officer such number of emergency interim successors to such officers and specify their rank in order of succession after any duly authorized deputy so that there will not be less than three (3) duly authorized deputies or emergency interim successors, or combination thereof, for each such officer. Such a body of officers shall review and, as necessary, revise the previous designations of emergency interim successors by such board within thirty (30) days after new members elected or appointed to such body of officers first enters upon duties of their office as a member of such body of officers.

•C.      Review of designation. The incumbent in the case of those elective officers specified in Subsection A of this section and the appointing officer or body of officers specified in Subsection B of this section shall from time to time review and, as necessary, promptly revise the designations of emergency interim successors to ensure that at all time there are at least (3) duly authorized deputies or emergency interim successors, or combination thereof, for each elective and appointive officer of the village.

•D.      Qualifications. No person shall be designated to, nor serve as an emergency interim successor unless said person is legally qualified to hold the office of the person to whose powers and duties the emergency interim successor is designated to succeed.

•E.       Status of emergency interim successor. A person designated as an emergency interim successor shall hold that designation at the pleasure of the designator, and such a designation shall remain effective until replaced by another by the authorized designator.

•F.       Compensation. An emergency interim successor shall serve without salary unless otherwise provided by this chapter. The emergency interim successor shall, however, be entitled to reimbursement for actual expenses necessarily incurred in the performance of the emergency interim successor’s powers and duties.

§15-5.  Assumption of powers and duties of officer by emergency interim successor.   If in the event of an attack or a public disaster an officer described in §15-4A or B of this chapter of the officer’s duly authorized deputy, if any, is unable, due to death, absence from the village or other physical, mental or legal reasons, to perform the powers and duties of the office, the emergency interim successor of such officer highest in rank in order of succession who is able to perform the powers and duties of the office shall, except for the power and duty to discharge or replace duly authorized deputies and emergency interim successors of such officer, perform the powers and duties of such officer. An emergency interim successor shall perform such powers and duties only until such time as the lawful incumbent officer or the lawful incumbent officer’s duly authorized deputy, if any, resumes the office or undertakes the performance of the powers and duties of the office, as the case may be, or until, where an actual vacancy exists, a successor is duly elected or appointed to fill such vacancy and qualifies as provided by law. The removal of a disability or the termination of an absence from the village of an officer higher on a list or order of succession provided therein to an office shall not terminate the service in such office of an individual lower on such list or order of succession who is temporarily filling such office.

§15-6.  Recording and notice of designations.   The name, address and rank in order of succession of each duly authorized deputy and emergency interim successor shall be filed with the Village Clerk, and each designation, replacement or change in order of succession of any emergency interim successor shall become effective when the designator files with such Clerk the successor’s name, address and rank in order of succession. Such Clerk shall keep an up-to-date file of all such data regarding duly authorized deputies and emergency interim successors, and the same shall be open to public inspection. The Clerk shall notify, in writing, each designated person of the filing of the designated person’s name as an emergency interim successor and the designated person’s rank in order of succession and also shall notify, in writing, any person previously designated who is replaced or whose place in order of succession is changed.

§15-7.  Qualification for taking office.   At the time of their designation or as soon thereafter as possible, emergency interim successors shall take such oath and do such things, if any, as may be required to qualify them to perform the powers and duties of the office to which they may succeed.

§15-8.  Suspension of quorum requirements; vote.   In the event of an attack or disaster, the Mayor or the Mayor’s duly authorized deputy or emergency interim successor performing the Mayor’s powers and duties may suspend quorum requirements for the Board of Trustees. If quorum requirements are suspended, any local law, resolution or other action requiring enactment, adoption or approval by an affirmative vote of a specified proportion of members may be enacted, adopted or approved by the affirmative vote of the specified proportion of those voting thereon.

§15-9.  Mutual aid.[2]   Whenever the public interest requires it, the Chief of Police, in addition to the Mayor, is hereby authorized and designated to offer or request police assistance during public emergencies, natural disasters and other instances as provided in §209-m of the General Municipal Law.     [1] Editor’s Note: See §9134-a of the Unconsolidated Laws of the State of New York. [2] Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.


Chapter 19 Defense & Indemnification

 

§19-1.              Conferral of benefits.

§19-2.              Provisions to be additional.  

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek at the time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]  

GENERAL REFERENCES Code of Ethics-SeeCh. 25.  

§19-1.  Conferral of benefits.

•A.     The Board of Trustees of the Village of Silver Creek hereby agrees to confer the benefits of §18 of the Public Officers Law upon its officers and employees and to be held liable for costs incurred under the provisions of said section.

•B.     The Board of Trustees hereby agrees to confer the benefits of §18 of the Public Officers Law upon the officers and employees of any public entity established for the benefit of the Village of Silver Creek and to be held liable for costs incurred under the provisions of said section.

 §19-2. Provisions to be additional. Any benefits accorded to officers and employees under §18 of the Public Officers Law shall supplement and be available in addition to defense or indemnification protection conferred by any other enactment.

 


Chapter 25 Ethics, Code of

 

§25-1.              Title.

§25-2.              Purpose and interpretation.

§25-3.              Standards to be additional.

§25-4.              Definitions.

§25-5.              Standards of conduct.

§25-6.              Filing suit against village.

§25-7.              Distribution.

§25-8.              Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 2-7-1983 as Ch. 4 of the 1983 Code. Amendments noted where applicable.]

§25-1.  Title.   This chapter shall be known and may be cited as the “Code of Ethics of the Village of Silver Creek, New York.”

§25-2.  Purpose and interpretation.   Pursuant to the provisions of §806 of the General Municipal Law, the Board of Trustees of the Village of Silver Creek recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. It is the purpose of this chapter to promulgate these rules of ethical conduct for the officers and employees of the Village of Silver Creek. These rules shall serve as a guide for official conduct of the officers and employees of the Village of Silver Creek. The rules of ethical conduct of this chapter as adopted shall not conflict with, but shall be in addition to, any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees.

§25-3.  Standards to be additional.   The standards, prohibited acts and procedures established herein are in addition to any prohibited acts, conflicts of interest provisions or procedures prescribed by statute of the State of New York and also in addition to common law rules and judicial decisions relating to the conduct of village and employees to the extent that the same are more severe in their application than this chapter.

§25-4.  Definitions.[1]   For the purpose of this chapter, unless the context or subject matter otherwise requires, the following terms shall have the following meanings:   INTEREST- A direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as the result of a contract with the municipality which such officer or employee serves. For the purpose of this chapter, a municipal officer or employee shall be deemed to have an “interest” in the contract of:

•A.      The municipal officer or employee’s spouse, minor children and dependants, except a contract of employment with the municipality which such officer or employee serves.

•B.       A firm, partnership or association of which such officer or employee is a member or employee.

•C.      A corporation of which such officer or employee is an officer or employee is an officer, director, or employee.

•D.      A corporation, any stock of which is owned or controlled directly or indirectly by such officer or employee.   MUNICIPAL OFFICER OR EMPLOYEE–An officer or employee of the Village of Silver Creek, whether paid or unpaid, including members of any administrative board, commission or other agency thereof. No person shall be deemed to be a municipal officer or employee solely by the reason of being a volunteer fireman or civil defense volunteer, except Fire Chief or Assistant Fire Chief.

§25-5.  Standards of conduct.   Every municipal officer or employee of the Village of Silver Creek shall be subject to and abide by the following standards of conduct:

•A.     Gifts. Municipal officers or employees shall not directly or indirectly, solicit any gift or accept or receive any gift having a value of twenty-five dollars ($25.) or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence them or could reasonably be expected to influence them in the performance of their official duties or was intended as a reward for any official action on their part.

•B.     Confidential information. Municipal officers or employees shall not disclose confidential information acquired by them in the course of their official duties or use such information to further their personal interests.

•C.     Representation before one’s own agency. Municipal officers or employees shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which they are an officer, member or employee or of any municipal agency over which they have jurisdiction or to which they have the power to appoint any member, officer or employee.

•D.     Representation before any agency for a contingent fee. Municipal officers or employees shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any agency of their municipality whereby their compensation is to be dependant or contingent upon any action by such agency with respect to such matter, at any time of fees based upon the reasonable value of the services rendered.

•E.      Disclosure of interest in legislation. To the extent that a municipal officer or employee knows therof, a member of the Board of Trustees and any officer or employee of the Village of Silver Creek, whether paid or unpaid, who participates in the discussion or gives official opinion to the Board of Trustees on any legislation before the Board of Trustees shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest said officer or employee has in such legislation.

•F.      Investments in conflict with official duties. Municipal officers or employees shall not invest or hold any investment directly or indirectly in any financial, business, commercial or other private transaction, which creates a conflict with their official duties.

•G.     Private employment. Municipal officers or employees shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of their official duties.

•H.     Future employment. Municipal officers or employees shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Village of Silver Creek in relation to any case, proceeding or application in which they personally participated during the period of their service or employment or which was under their active consideration.

§25-6.  Filing suit against village.   Nothing herein shall be deemed to bar or prevent the timely filing by present or former municipal officers or employees of any claim, account, demand or suit against the Village of Silver Creek or any agency thereof on behalf of themselves or any member of their families arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.

§25-7.  Distribution.   The Mayor of the Village of Silver Creek shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the village within thirty (30) days after the effective date of this chapter. All officers and employees elected or appointed thereafter shall be furnished a copy before entering upon the duties of their office or employment. Failure to distribute any such copy or failure of any village officer or employee to receive such a copy shall have no effect on the duty of compliance with this chapter, nor the enforcement of provisions hereof. The Mayor shall further cause a copy of this chapter to be kept posted conspicuously in each public building under the jurisdiction of the village. Failure to so post this chapter shall have no effect on the duty of compliance herewith, nor the enforcement provisions hereof.

§25-8.  Penalties for offenses.   In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of this code may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.   [1] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.


Chapter 35 Procurement Policy

 

§35-1.              Determination of type of purchase; competitive bidding.

§35-2.              Method for securing goods and services.

§35-3.              Documentation required.

§35-4.              Exceptions.

§35-5.              Annual review.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 12-30-1991. Amendments noted where applicable.]

§35-1.  Determination of type of purchase: competitive bidding.

•A.     Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works contract. Once that determination is made, a good faith effort will be made to determine whether it is known or can reasonably be expected that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year. The following items are not subject to competitive bidding pursuant to §103 of the General Municipal Law:   •(1)   Purchase contracts under ten thousand dollars ($10,000.) and public works contracts under thirty-five thousand dollars ($35,000.). •(2)   Emergency purchases. •(3)   Certain municipal hospital purchases. •(4)   Goods purchased from agencies for the blind or severely handicapped. •(5)   Goods purchased from correctional institutions. •(6)   Purchases under state and county contracts. •(7)   Surplus and secondhand purchases from another governmental entity.

•B.     The decision that a purchase is not subject to competitive bidding will be documented, in writing, by the individual making the purchase. This documentation may include written or verbal quotes from vendors, a memo from the purchaser indicating how the decision was arrived at, a copy of the contract indicating the source which makes the item or service exempt, a memo from the purchaser detailing the circumstances which led to an emergency purchase or any other written documentation that is appropriate.

§35-2.  Method for securing goods and services.

•A.     All goods and services will be secured by use of written requests for proposals, written quotations, verbal quotations or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided, except in the following circumstances:       •(1)   Purchase contracts over ten thousand dollars ($10,000.) and public works contracts over thirty-five thousand dollars ($35,000). •(2)   Goods purchased from agencies for the blind or severely handicapped pursuant to §175-b of the State Finance Law.[1] •(3)   Goods purchased from corrections institutions pursuant to §186 of the Correction Law. •(4)   Purchases under state contracts pursuant to §104 of the General Municipal Law. •(5)   Purchases under county contracts pursuant to §103, Subdivision 3, of the General Municipal Law. •(6)   Purchases pursuant to §35-4 of this policy.

•C.     The following method of purchase will be used when required by this policy in order to achieve the highest savings:   •(1)   Purchase contracts.

Estimated Amount of

Purchase Contract                       Method $250 to $2,999                              2 verbal quotations $3,000 to $9,999                           3 written/FAX quotations or written request for proposals   •(2)   Public works contracts.

Estimated Amount of

Public Works Contract                Method $250 to $2,999                              2 verbal quotations $3,000 to $4,999                           2 written/FAX quotations $5,000 to $19,999                         3 written/FAX quotations or written request for proposals

•D.     A good faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser will document the attempt made at obtaining the proposals. In no event shall the failure to obtain the proposals be a bar to the procurement.

§35-3.  Documentation required.

•A.     Documentation is required of each action taken in connection with each procurement.

•B.     Documentation and an explanation is required whenever a contract is awarded to other than the lowest responsible offeror. This documentation will include an explanation of how the award will achieve savings or how the offeror was not responsible. A determination that the offeror is not responsible shall be made by the purchaser and may not be challenged under any circumstances.

§35-4.  Exceptions.   Pursuant to General Municipal Law §104-b, Subdivision 2f, the Procurement Policy may contain circumstances when or types of procurements for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest of the municipality. In the following circumstances, it may not be in the best interests of the Village of Silver Creek to solicit quotations or document the basis for not accepting the lowest bid:

•A.     Professional services or services requiring special or technical skill, training or expertise. The individual or company must be chosen based on accountability, reliability, responsibility, skill, education and training, judgment, integrity and moral worth. These qualifications are not necessarily found in the individual or company that offers the lowest price, and the nature of these services are such that they do not readily lend themselves to competitive procurement procedures.   •(1)   In determining whether a service fits into this category, the Board of Trustees shall take into consideration the following guidelines: •(a)    Whether the services are subject to state licensing or testing requirements. •(b)   Whether substantial formal education or training is a necessary prerequisite to the performance of the services. •(c)    Whether the services require a personal relationship between the individual and municipal officials.   •(2)   Professional or technical service shall include, but not be limited to, the following: •(a)    Services of an attorney. •(b)   Services of a physician. •(c)    Technical services of an engineer engaged to prepare plans, maps and estimates. •(d)   Securing insurance coverage and/or services of an insurance broker. •(e)    Services of a certified public accountant. •(f)     Investment management services. •(g)    Printing services involving extensive writing, editing or art work. •(h)    Management of municipally owned property. •(i)      Computer software or programming services for customized programs or services involved in substantial modification and customizing of prepackaged software.

•B.     Emergency purchases pursuant to §103, Subdivision 4, of the General Municipal Law. Due to the nature of this exception, these goods or services must be purchased immediately, and a delay in order to seek alternate proposals may threaten the life, health, safety or welfare of the residents. This section does not preclude alternate proposals if time permits.

•C.     Purchases of surplus and secondhand goods from any source. If alternate proposals are required, the village is precluded from purchasing surplus and secondhand goods at auctions or through specific advertised sources where the best prices are usually obtained. It is also difficult to try to compare prices of used goods, and a lower price may indicate an older product.

•D.     Goods or services under two hundred fifty dollars ($250). The time and documentation required to purchase through this policy may be more costly than the item itself and would therefore not be in the best interests of the taxpayer. In addition, it is not likely that such de minimis contracts would be awarded based on favoritism.

§35-5.  Annual review.   This policy shall go into effect January 1, 1992, and will be reviewed annually.       [1] Editor’s Note: Section 175-b of the State Finance Law was repealed by L.1995, c. 83, effective April 1, 1995


Chapter 46 Alcoholic Beverages

 

§46-1.              Findings.

§46-2.              Purpose.

§46-3.              Consumption in certain public places.

§46-4.              Possession of open containers.

§46-5.              Exceptions.

§46-6.              Persons not of age.

§46-7.              Penalties for offense.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 6-19-1989 as L.L. No. 2-1989. Amendments noted where applicable.]

GENERAL REFERENCES Curfew-See Ch. 90. Games of chance-See Ch. 115. Littering- See Ch. 135.

§46-1.  Findings.   The Village Board of the Village of Silver Creek, New York, finds that the unrestricted consumption and possession of alcoholic beverages in certain public places or by persons under the age of twenty-one (21) years often leads to disorders and related problems as well as littering of such public places and is disturbing to the public and threatens peace and good order.

§46-2.  Purpose.   The purpose of the chapter is to prohibit the consumption of alcoholic beverages in certain public places and the possession of alcohol by persons under the age of twenty-one (21) years in order to prevent disorderly behavior and the littering of public places and to protect the public health, safety and welfare and to promote the public good.

§46-3.  Consumption in certain public places.   No person shall, within the Village of Silver Creek, drink or otherwise consume liquor, wine, beer or other alcoholic beverages while such person is in or upon any public park or such other public place as defined by §240.00 of the Penal Law of the State of New York.

§46-4.  Possession of open containers.

•A.     No persons shall carry or have in their possession within the Village of Silver Creek any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any of the public places described in §46-3 of this chapter.

•B.     The possession of an open bottle or open container unwrapped or with the top exposed in a public place as herein defined shall be presumptive evidence that such open bottle or open container is intended to be consumed in a public place.

•C.     An open bottle or open container in any vehicle while in or on any public sidewalk, street, highway parking lot, bathing beach, public park or other public place as defined by §240.00 of the Penal Law of the State of New York shall be presumptive evidence that the same is in the possession of all the occupants thereof.

§46-5.  Exceptions.[1]   The provisions of §§46-3 and 46-4 shall not apply to any activity sponsored by an organization having proper license to dispense alcoholic beverages upon public property in the Village of Silver Creek and such organization having obtained permission from the Village Board of the Village of Silver Creek for the granting of this exception. No fee shall be charged for the granting of this permission. This exception shall apply only to the public property in the Village of Silver Creek upon which the alcoholic beverages are dispensed.

§46-6.  Persons not of age.[2]   No persons less than twenty-one (21) years of age shall possess any alcoholic beverage, excepting on property owned by them or their parents or in the capacity as employees.

§46-7.  Penalties for offenses.[3]   Except as otherwise provided in this chapter, any person who shall violate any provision of this chapter shall, upon conviction thereof, be punished by a minimum fine of fifty dollars ($50.) and a maximum fine of five hundred dollars ($500.) or by imprisonment for not more than fifteen (15) days, or both.       [1] Editor’s Note: Amended at time of Adoption of Code; see Ch. 1, General Provisions, Art. I. [2] Editor’s Note: Amended at time of Adoption of Code; see Ch. 1, General Provisions, Art. I. [3] Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.


Chapter 50 Animals

 

§50-1.              Title

§50-2.              Findings; purpose.

§50-3.              Farm animals at large.

§50-4.              Keeping certain animals and fowl.

§50-5.              Condition of pens and premises.

ARTICLE II

Slaughtering and Hunting Game

§50-6.              Slaughtering animals; wild game.

ARTICLE III

Control of Dogs

§50-7.              Definitions.

§50-8.              License required.

§50-9.              Dogs at large.

§50-10.            Control of noise.

§50-11.            Powers and duties of Animal Control Officer.

§50-12.            Seizure; impoundment; costs.

§50-13.            Disposition of unclaimed dogs.

§50-14.            Dangerous dogs.

§50-15.            Appearance tickets.

 

ARTICLE IV

Removal of Dog Feces

§50-16.            Prohibited nuisances.

§50-17.            Removal by owner required.

§50-18.            Disposal of feces.

§50-19.            Exceptions.

§50-20.            Sanitary methods of removal and disposal.

 

ARTICLE V

Wild or Exotic Animals

§50-21.            Purpose.

§50-22.            Definitions.

§50-23.            Prohibited acts.

§50-24.            Permit applications.

§50-25.            Conduct of hearing.

§50-26.            Waiver of hearing.

§50-27.            Revocation of permits.

§50-28.            Seizure of animals.

§50-29.            Review of official actions.

Penalties

§50-30.            Penalties for offenses.

 

ARTICLE VII

Cats

§50-31.            Definitions.

§50-32.            Responsibility of owner.

§50-33.            Nuisances.

§50-34.            Seizure of cats at large.

§50-35.            Maintenance and abandonment; vaccination.

§50-36.            Complaints; appearance tickets; penalties for offenses.

§50-37.            Redemption of seized cats.

§50-38.            Liability.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 2-7-1983 as Ch. 54 and §65.61 of the 1983 Code. Amendments noted where applicable.]

GENERAL REFERENCES Appearance tickets-See Ch.6.

ARTICLE I

General Provisions

§50-1.  Title. This chapter shall be known and may be cited as the “Animal and Fowl Law of the Village of Silver Creek, New York.”   §50-2.  Findings; purpose.

•A.     This chapter is enacted pursuant to the authority conferred upon villages by §4-412 of the Village Law and §124 of the Agriculture and Markets Law of the State of New York and intends to set forth, define and enforce the responsibility of owners of animals and fowl within the corporate limits of the Village of Silver Creek.

•B.     The purpose of this chapter is to preserve the public peace and good order in the Village of Silver Creek and to contribute to the public welfare and the preservation and protection of the property and the person of the inhabitants of said village by declaring and enforcing certain regulations and restrictions on activities of animals and fowl within the village.

§50-3.  Farm animals at large.   No horses, cattle, sheep, swine or poultry shall be allowed to run at large in the village.

§50-4.  Keeping certain animals and fowl.

•A.     Restrictions. No person shall hereafter keep or house horses, cattle, sheep, swine, poultry or any animals other than household pets, and no person shall house or harbor more than three (3) dogs over six (6) months old within the limits of the village.[1]

•B.     Public pound. Subsection A shall have no application to a public pound established by the village.

§50-5.  Condition of pens and premises.   It shall be unlawful for any person keeping or harboring animals or fowl to fail to keep the premises where such animals or fowl are kept free from offensive odors to the extent that such odors are disturbing to any person residing within reasonable proximity of said premises. It shall be unlawful to allow the premises where animals or fowl are kept to become unclean and a threat to public health by failing diligently and systematically to remove all animal waste from the premises.

ARTICLE II

Slaughtering animals; wild game.

§50-6.  Slaughtering animals; wild game.[2]   No person shall use any structure, lot or premises for the purpose of slaughtering animals, nor shall any animal be slaughtered within the village. Wild game animals are to be field-dressed outside the village limits. Carcasses may not be hung nor skinned on any premises in the village.

Control of Dogs

§50-7.  Definitions.[3]

•A.     As used in this Article, unless otherwise expressly stated or unless the content or subject matter otherwise requires, the following terms shall have the meanings indicated: ANIMAL CONTROL OFFICER- Any individual appointed by the village to assist in the enforcement of this Article or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog-protective association under contract with the village to assist in the enforcement of this Article.[4] AT LARGE- Any dog that is unleashed and on property open to the public or is on private property not owned or leased by the owner of the dog unless permission for such presence has been obtained. No dog shall be deemed to be “at large” if it is: •(1)    A guide dog or helping dog leading a physically challenged person;[5] •(2)    A police work dog in use for police work; or •(3)    Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land. DOG- Any member of the species Canis familiaris. OWNER- Any person who harbors or keeps any dog. OWNER’S PREMISES- Any premises owned, occupied or under the control of the dog owner, but shall exclude any portion which is part of a public street, sidewalk or public place. B.  All other words and phrases used in this Article shall, for the purposes of this Article, have the meanings respectively ascribed to them by §108 of the Agriculture and Markets Law.

§50-8.  License required.[6] Every owner must secure a license for every dog which the owner owns, harbors or keeps and shall keep on each licensed dog a suitable collar to which shall be securely attached the license tag applicable to each such dog as provided in the Agriculture and Markets Law. Licenses shall not be required for dogs under the age of six (6) months, which are not at large. License fees and exceptions to this section as provided in Article 7, §§109 and 110, of the Agriculture and Markets Law should prevail.

§50-9.  Dogs at large. No person owning, harboring or having the care, custody or charge of any dog, whether male or female or whether licensed or not, shall allow or permit such dog at any time to run at large within the Village of Silver Creek unless such dog shall be effectively restrained, by a chain or leash not exceeding eight (8) feet in length, by a competent person. §50-

§50-10. Control of noise. No owner of a dog shall suffer or permit any dog or dogs to create any unreasonably loud or disturbing noise of such an intensity and duration as to be detrimental to the life, health or welfare of any individuals, and the violations hereof is prohibited and deemed to be a public nuisance, and such dog or dogs shall be so housed and confined in a place so constructed as to prevent such disturbing and unnecessary noise as may result from the habitual or continual barking of such dog or dogs. The provisions of this section shall be liberally constructed to prevent excessive, unreasonable, disturbing and unnecessary noise, due consideration being given to the circumstances, time of day, particular location of each violation and the demands of the public health, safety and welfare.

§50-11. Powers and duties of Animal Control Officer.

•A.     An Animal Control Officer may be appointed or designated by the village to enforce this Article who shall have all the powers and duties contained in §114 of the Agriculture and Markets Law.

•B.     The Animal Control Officer shall have all of the powers provided in §114 of the Agriculture and Markets Law.

•C.     The Animal Control Officer shall keep a record and description of each animal seized, including the date and manner of it’s disposition or redemption and the name and address of the person by whom redeemed and any other information required by the Agriculture and Markets Law or deemed necessary by the Board of Trustees of the Village of Silver Creek.

•D.     No person shall hinder, resist or oppose the Animal Control Officer, any peace officer, agent or employee or representative of the Village of Silver Creek in the performance of such officer’s duties under this Article.

§50-12. Seizure; impoundment; costs.

•A.     Any dog running at large within the village or which is not licensed or not identified and which is not on the owner’s premises may be seized, impounded and disposed of pursuant to §118 of the Agriculture and Markets Law.

•B.     In addition to the fees prescribed in §118, Subdivision 4, of the Agriculture and Markets Law, the owner shall pay the actual cost of harboring such dog, per day or part thereof, after seizure and impounding, that such dog is held in custody.

§50-13. Disposition of unclaimed dogs.

•A.     If a dog is not redeemed as provided in §118 of the Agriculture and Markets Law, a dog may be made available for adoption, provided that the new owner shall pay the impounding fee and the actual cost of harboring such dog.

•B.     A dog may also be disposed of pursuant to §88 of the General Municipal Law without the payment of any fees or costs.

§50-14. Dangerous dogs. Any dog which shall attack any person or domestic animals within the meaning of Article 7, §121, of the Agriculture and Markets Law shall be dealt with in accordance with such section.

§50-15. Appearance tickets.   The Animal Control Officer and any other peace officer authorized by the village to assist in the enforcement of this Article and Article 7 of the Agriculture and Markets Law shall have the authority to issue an appearance ticket, pursuant to the Criminal Procedure Law, or, in lieu thereof, a uniform appearance ticket as provided in §114 of Article 7 of the Agriculture and Markets Law.

ARTICLE IV

Removal of Dog Feces [Added at time of adoption of Code[7]]

§50-16. Prohibited nuisances.   No person owning or in charge of any dog shall cause or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk or upon any public property whatsoever or upon any private property without the permission of the owner of said property.

§50-17. Removal by owner required.   Any person owning or in charge of any dog which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk or upon any public property whatsoever or upon any private property without the permission of the owner of said property shall immediately remove all feces deposited by any such dog by any sanitary method.

§50-18. Disposal of feces.   The feces removed from the aforementioned designated area shall be disposed of by the person owning or in charge of any such dog in accordance with the provisions of this Article.

§50-19. Exceptions. The provisions of this Article shall not apply to visually impaired persons who may use dogs as guides.

§50-20. Sanitary methods of removal and disposal. Sanitary methods for removing all feces approved by the Local Board of Health are mechanical devices such as pooch scoops, small shovels, etc. All feces removed by the person owning, harboring, keeping or in charge of any such dog shall be disposed of in a suitable container.

Wild or Exotic Animals

[Added at the time of adoption of Code.[8]]

§50-21. Purpose.   This Article is adopted in order to protect the health, safety and well being of persons and property by imposing restrictions on the harboring of exotic animals within the Village of Silver Creek. The Village Board of the Village of Silver Creek finds that the harboring of wild or exotic animals within the Village of Silver Creek may be offensive to other residents of the village so as to constitute a public nuisance and may pose a threat to the safety of it’s inhabitants. No wild or exotic animal may be kept within the Village of Silver Creek except as permitted by this article.

§50-22. Definitions.   As used in this Article, the following words shall have the following meanings:   HARBOR-To keep or contain upon private property or permit another to keep or contain upon private property.   HEARING OFFICERS-The persons appointed by the Village Board to conduct hearings pursuant to this Article and acting by majority vote.   VILLAGE- The corporate limits of the Village of Silver Creek.   WILD OR EXOTIC ANIMAL- Any species of animal whose natural or usual habitat within the State of New York is either in the wild or in a zoo, as opposed to a domestic environment, regardless of whether such animal poses an actual or apparent threat to persons, other animals, or property. For purposes of this Article, the following animals normally found within a domesticated environment within the State of New York are specifically declared not to be “wild or exotic animals” subject to regulation under this Article: snapping turtles; tropical fish; and such other animals and reptiles commonly kept as pets, the ownership which is otherwise illegal.

§50-23. Prohibited acts.   No person shall harbor a wild or exotic animal within the village, nor shall any person permit, allow or cause any wild or exotic animal to be upon public property within the village, unless the harborer of such animal shall have first obtained a permit to harbor such animal.

§50-24. Permit applications.

•A.     Applications for a permit to harbor a wild or exotic animal may be obtained upon request from the Village Clerk, who, upon request, shall also make available copies of this Article.

•B.     Properly completed applications shall be submitted by the person requesting the permit to the Animal Control Officer, who shall keep a permanent record of all applications for permits to harbor a wild or exotic animal and shall also keep a permanent record of the disposition of each application for a permit.

•C.     Upon receipt of a properly completed application, the Animal Control Officer shall schedule a public hearing to be held for the purpose of determining whether the requested permit should be granted or denied.

•D.     At least seven (7) days prior to such hearing, the Animal Control Officer shall give notice thereof, in writing, to the applicant, by mail, and shall also cause a legal notice thereof to be published in the official newspaper.

§50-25. Conduct of hearing.

•A.     At the hearing, all interested persons shall be entitled to be heard, including but not limited to the person seeking the permit, the Animal Control Officer and any experts.

•B.     No permit authorizing the harboring of a wild or exotic animal shall be granted unless and until the person seeking the permit shall have satisfied the hearing officers: •(1)    That such animal does not constitute a present or future threat to the safety and well being of the residents of the village, their animals or property. •(2)    That such animal does not constitute a nuisance to those who may be exposed to it, including but not limited to the immediate neighbors of the harborer of such animal. A wild or exotic animal shall be deemed a nuisance if it or methods to care for it are unsightly or are likely to create offensive sound or odors. A wild or exotic animal shall also be deemed a nuisance if exposure to it creates a reasonable apprehension of danger. •(3)    That the harborer of such animal has the ability to provide a safe, healthy and humane environment for the animal and prevent its escape. •(4)   That the ownership or harboring of such animal is otherwise permitted by law.

•C.     Following conclusion of the hearing, the hearing officers shall render a decision, in writing, granting or denying the requested permit. Copies of such determination shall constitute a permanent record and shall be sent by mail to the Animal Control Officer and to the person requesting such permit. In the event that the decision is in favor of granting the requested permit, the Animal Control Officer shall forthwith issue such permit to the applicant. In the event that the decision denies the requested permit, such decisions shall specify the reasons for such denial.

§50-26. Waiver of hearing. Notwithstanding the provisions of §§50-24 and 50-25 preceding, if the Animal Control Officer shall be satisfied upon the application for a permit to harbor a wild or exotic animal that each of the criteria set forth in §50-25B have been met, the Animal Control Officer is authorized to waive the required hearing and forthwith issue the required permit. In any such case, the requirements of §§50-24 and 50-25 must be complied with upon receipt by the Animal Control Officer of a petition requiring such compliance signed by at least ten (10) residents of the village.

§50-27. Revocation of permits.

•A.     At any time after a permit is granted pursuant to this Article, the Animal Control Officer, upon the filing of a complaint or upon the Animal Control Officer’s own initiative, may seek revocation of such permit. Except as hereinafter provided, no permit shall be revoked by the Animal Control Officer until after a determination by the hearing officers supporting such revocation following a public hearing, as provided above. During such hearing, the same criteria and notice requirements as set forth above shall apply in determining whether a permit shall be revoked.

•B.     Notwithstanding the above, any permit granted pursuant to this Article may be summarily revoked by the Animal Control Officer or by any police officer if there is reasonable cause to believe that the animal for whom the permit was issued constitutes a present threat to the safety and well being of persons, other animals or property. In such cases, notice of such revocation shall be given by the most expeditious means to the harborer of such animal by the person revoking such permit.

§50-28. Seizure of animals. In any case where no permit has been issued for a wild or exotic animal shall be revoked pursuant to the provisions of §50-27 proceeding, such animal may be immediately seized by the Animal Control Officer or by any police officer. In such cases, the person seizing such animal shall transport or deliver such animal or animals to any agency or facility equipped and authorized by law to possess such animal or animals, including a public or private zoo or society for the prevention of cruelty to animals. Whenever any animal shall be seized pursuant to this section, such seizure shall be immediately to the owner or harborer of such animal by the most expeditious means, if such owner or harborer can be ascertained. Notice shall also be given to the Animal Control Officer in cases where the animal or animals have been seized by someone other than the Animal Control Officer. Within five (5) days following such notice to the owner or harborer of such animal, the Animal Control Officer shall schedule a hearing before the hearing officers to determine whether such seizure was proper. Notice of such hearing shall be given in the same manner as other hearings conducted pursuant to this article. If the hearing officers shall determine that the seizure was proper, title to such animal shall vest in the village, which may then dispose of such animal in such manner as the Village Board shall determine. If the hearing officers shall determine that the seizure was improper, the hearing officers shall direct the Animal Control Officer to return such animal or animals to the owner or harborer thereof and reissue the permit, if any, therefore.

§50-29. Review of official actions.   All actions of the Animal Control Officer or hearing officers pursuant to this article shall be subject to review pursuant to Article 78 of the Civil Practice Law and Rules, which shall be the exclusive remedy of persons aggrieved by such actions.

ARTICLE VI

Penalties

§50-30. Penalties for offenses. [Added 9-3-1996 by L.L. No. 1-1996]   Except as otherwise provided by Article 7 of the Agriculture and Markets Law, any person who shall violate any provision of this chapter shall be punished by a minimum fine of $50 and a maximum fine of $500 or by imprisonment for not more than 15 days, or both.

ARTICLE VII

Cats

[Added 10-16-2000 by L.L. No. 2-2000]

§50-31. Definitions.   As used in this article, the following terms shall have the meanings indicated:   ANIMAL CONTROL OFFICER- The person authorized by the Village of Silver Creek Board from time to time, by resolution, to enforce the provisions of this article.   OWNER- Any person who is an owner of a cat and any person, who keeps, feeds or harbors a cat. The “owner” need not be a resident of the Village of Silver Creek, but, for a violation to occur, the cat must be in the village limits of the Village of Silver Creek.

§50-32. Responsibility of owner.   It shall be the duty and responsibility of every owner of any cat to exercise and maintain such care and control over it so that it does not become a nuisance, as set forth in the article, within the confines of the village.

§50-33. Nuisances.

•A.     A cat shall become a nuisance, and therefore it’s owner shall be found in violation of this article, whenever the cat shall engage in or commit any of the following actions within the confines of the village: •(1)   Injure or threaten injury to persons or other domestic animals or birds. •(2)   Injure property, including lawns, flowers, shrubs and trees. •(3)   Upset or otherwise interfere with garbage receptacles. •(4)   Be found in any commercial establishment without the consent or permission of the owner thereof. •(5)   Be kept or placed by its owner under cruel, unsanitary or otherwise inhumane conditions, or be abandoned by its owner. •(6)   Defecate, urinate, dig or otherwise damage property other than the property of the owner. •(7)   Engage in loud or habitual crying or whining or conduct itself in such a manner as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such cat. •(8)   Remain in the Village of Silver Creek unless vaccinated currently against feline rabies.

•B.     No owner shall suffer, permit or encourage a cat to enter upon the property of any other person.

§50-34. Seizure of cats at large.

•A.     Any cat found at large within the Village of Silver Creek may be seized and confined by any duly appointed Animal Control Officer, peace officer or duly authorized officer or representative of the village. Any cat which, when found at large, cannot, in the opinion of the Animal Control Officer, peace officer or duly authorized representative of the village, be safely seized may be destroyed.

•B.     Any cat seized pursuant to the provisions of this article shall be fed, cared for and disposed of in the same manner as dogs, in accordance with the provisions of §118 of the New York State Agriculture and Markets Law, except if cats are not licensed, the owner of record need not be determined or notified.

§50-35. Maintenance and abandonment; vaccination.

•A.     No cat shall be sheltered, maintained or harbored that is not domesticated. The area where the cats are kept shall be clean and sanitary and shall not create a disturbance by reason of noise, odor or other causes. No person shall abandon any cat or permit a cat in his custody to become a stray.

•B.     Vaccination. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the recommendations for immunization published by the National Association of State Public Health Veterinarians.

§50-36. Complaints; appearance tickets; penalties for offenses.

•A.     Any person who observes or has knowledge of a cat violating any provisions of this article may file a signed complaint, under oath, with the Animal Control Officer specifying the objectionable conduct of the cat and the name and address, if known, of the owner or other person harboring said cat.

•B.     Upon receipt by the Animal Control Officer of any such complaint, or in the event that any cat is found by the Animal Control Officer, peace officer or duly authorized officer or representative of the village to be in violation of any provision of this article, the officer or representative of the village shall, if possible, seize and take into custody said cat and, in any event, issue or deliver to the owner of said cat an appearance ticket detailing the violations and instructing the owner to appear before the Village Court of the Village of Silver Creek or to answer such appearance ticket by registered or certified mail, return receipt requested, within five days of the date of such violation. If said appearance ticket is disregarded by such person, the Animal Control Officer, peace officer, duly authorized officer, representative of the village or complainant may file an information with said court, which court may then issue a warrant for the arrest of the said person.

•C.     Any person thereafter convicted of a violation of this article shall be punished by a fine not to exceed $250 or up to 15 days in jail.

§50-37. Redemption of seized cats.   Any cat found in violation of this article will be seized by the Animal Control Officer of the Village of Silver Creek, and the owner, in order to obtain possession of the cat, must pay a fine and per diem expenses incurred in the keeping of said cat. The expense shall be in such amounts as follows:

•A.     On the first pickup of any cat, a redemption fee of $25, plus any per diem expenses, for the release of said cat.

•B.     On the second pickup of the cat, a redemption fee of $50, plus any per diem expenses, for the release of said cat.

§50-38. Liability.   Neither the village, its officers or employees, the Silver Creek Police Department, agent or officer of a duly incorporated society for the prevention of cruelty to animals, nor the persons or agencies authorized by the Mayor to enforce the provisions of this article shall be liable in damages or otherwise for the seizure, detention, adoption or euthanizing of any cat found without appropriate identification outside the residence of the owner.   [1] Editor’s Note: Amended at time of adoption of Code; see Ch.1, General Provisions, Art. I. [2] Editor’s Note: Amended at time of adoption of Code; see Ch.1, General Provisions, Art. I. [3]Editor’s Note: Former §54.21, Applicability of §§54.3 through and including 54.5, which immediately preceded this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [4] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [5] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [6] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [7] Editor’s Note: see Ch. 1, General Provisions, Art. I. [8] Editor’s Note: see Ch. 1, General Provisions, Art. I.


Chapter 53 Antennas

 

§53-1.              Purpose and intent.

§53-2.              Definitions.

§53-3.              Administrative officer.

§53-4.              Permit required; fee.

§53-5.              Application for permit.

§53-6.              Conformance with village standards required.

§53-7.              Location.

§53-8.              General regulations.

§53-9.              Variances.

§53-10.            Inspections; penalties for offenses.

§53-11.            Effect on existing structures.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek at the time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]

GENERAL REFERENCES Zoning- See Ch. 215.

§53-1.  Purpose and intent. The purpose of this chapter is to further the health, safety and welfare of the citizens of the Village of Silver Creek. More specifically, the governing body finds that the uncontrolled proliferation of certain receive-only antennas is likely to and will adversely affect the health, safety and general welfare of the citizens of the village. Among other things, reasonable controls contribute to the good appearance of the village, stabilize property values, assure the safety of the owner and others and, in general, contribute to the preservation of a pleasant community in which to work and live. This chapter is intended to comply fully with the Report and Order of the Federal Communications Commission released January 14, 1986 (FCC 86-28), to the extent that Report and Order validly preempts local zoning regulations deemed unduly restrictive with respect to satellite television receiving antennas. The village hereby determines that the bulk and visual impact of such antennas create aesthetic problems making it appropriate to have some special limitations as to the size and placement thereof. However, this chapter shall be constructed and administered so as not unduly to hamper reasonably satisfactory reception of satellite television signals.

§53-2.  Definitions. As used in this chapter, the following terms shall have the meanings indicated: CONVENTIONAL TELEVISION OR RADIO ANTENNA- Any receiving antenna other than a satellite antenna.   SATELLITE ANTENNA- Any apparatus that is designed for the purpose of receiving television, radio, microwave, satellite or similar signals, with the exception of conventional television antennas and radio antennas.

§53-3.  Administrative officer.   The provisions of this chapter shall be administered by the Code Enforcement Officer of the Village of Silver Creek.

§53-4.  Permit required; fee.   No person shall erect a satellite antenna in the village without first obtaining a permit, and no installation or erection shall commence before such permit is issued. The application fee for a permit to install a satellite antenna shall be as set forth by resolution of the Board of Trustees.[1]

§53-5.  Application for permit.

•A.     Any person who desires to install or erect a satellite antenna shall apply to the Code Enforcement Officer for a permit. An occupant, renter or co-owner shall have the written permission of all owners of the lot, premises or parcel of land within the village on which such satellite antenna is proposed to be installed or erected.

•B.     The applicant shall submit a written application upon forms provided by the Code Enforcement Officer and shall also submit: •(1)   A plot plan of the property or parcel of land showing the exact location of the proposed satellite antenna and all other buildings on the subject property. •(2)   A description of the kind of satellite antenna proposed. •(3)   Plans showing specifications and elevations of the proposed satellite antenna with sufficient details to show the method of assembly, construction and installation requirements.

•C.     The written application shall indicate the names of the owners of the subject property, the occupant or occupants of the subject property and the contractor or other person proposed to construct or erect the proposed satellite antenna.

•D.     The Code Enforcement Officer or the Code Enforcement Officer’s designee may issue the permit, provided that the applicant has met all requirements of this chapter.

§53-6.  Conformance with village standards required.

•A.     All satellite antennas shall be deemed an accessory use as permitted in Ch. 215, Zoning, and are therefore only permitted on a lot which contains a principal structure and shall be subject to all regulations set forth in said Chapter 215, Zoning, governing accessory uses.

•B.     All satellite antennas shall be designated in conformance with all standards, rules and regulations of any government entity having jurisdiction over such antennas, including without limitation, the Federal Communications Commission. A certificate of conformance with the aforesaid standards by the manufacturer’s professional personal or such other professional as may be deemed appropriate by the Code Enforcement Officer shall be submitted to the Code Enforcement Officer as a condition of the issuance of the permit required by this chapter.

§53-7.  Location.

•A.     No satellite antenna may be placed in the front yard of any lot in the village.

•B.     A satellite antenna may be placed on a lot only in the rear yard; provided, however, that on a clear and convincing showing that a reasonably satisfactory signal cannot be obtained from a rear yard location, the Code Enforcement Officer may permit the antenna to be located in the side yard. If such a signal cannot be obtained in either yard, the applicant can appeal to the Zoning Board of Appeals, and upon a clear and convincing showing that a satisfactory signal cannot be obtained in either yard, the Board shall permit the antenna to be located on the roof of any main or accessory building on the lot.

•C.     The location of satellite antennas shall be regulated as accessory structures and subject to zoning setback requirements. Supplemental to the setback requirements are the following regulations: •(1)   Satellite antennas located in the rear yard shall be placed where there is sufficient space within the building envelope within the area between the rear setback line and the rear building line of the principal building and within the area between the linear planes extending into the rear yard from side lines of the principal building. •(2)   Satellite antennas located in the side yard shall be placed when there is sufficient space within the building envelope in the area between the side setback line and side building line of the principal building and within the area between the linear planes extending into a side yard from the front building line and rear building line of the principal building. •(3)   When there is not sufficient space within the building envelope, the satellite may be placed within the setback areas upon approval of the Code Enforcement Officer.

•E.      All roof-mounted satellite antennas must be placed in the rear of the roof, and  those extending more than three (3) feet above the ridgeline of the roof on which the satellite antenna is placed shall be concealed from ground level view.

•F.      No ground-mounted satellite antenna shall be higher than twelve (12) feet. Upon a clear and convincing showing that a satisfactory signal cannot be obtained at twelve (12) feet, the Zoning Board of Appeals may permit the antenna height to be increased to a height sufficient to receive a signal.

•G.     The installation of a satellite antenna on a flat roof is permitted in the Business and Industrial District and on all public and private schools and municipal buildings, provided that such roof installations higher than three (3) feet above the roofline shall be concealed from public view.

§53-8.  General regulations.

•A.     The color of any satellite antennas must be neutral and bear no advertising emblem or information other than the name of the manufacturer in letters not to exceed two (2) inches in height.

•B.     There shall not be more than one (1) satellite antenna per lot.

•C.     All satellite antennas shall be grounded against direct lightning strike and shall be erected in a secure, wind resistant manner.

•D.     All wiring necessary for the use of the satellite antenna between any ground-mounted antenna and a building or between the building on which an antenna is located and any other building on the lot shall be buried underground.

§53-9.  Variances.   Applications for variances from the terms of this chapter may be presented to the Zoning Board of Appeals.

§53-10. Inspections; penalties for offenses.

•A.     The Code Enforcement Officer and any officer of the Police Department are empowered to inspect and reinspect erected or installed satellite antennas and conventional antennas. If aforementioned antennas do not comply with any village laws, the owner shall be notified by a written order to make repairs and alterations to bring the antenna, apertures and fixtures in compliance with the Code within thirty (30) days or to remove the antennas within twenty (20) days after service of said written order.

•B.      The Code Enforcement Officer or any officer of the Police Department may issue a summons in the event that said officer’s order is not complied with as required above. The Village Justice shall hear the charge and determine whether the defendant is guilty of the violations charged and shall punish any violator pursuant to Subsection C of this section.

•C.     The owner or agent of a building or premises where a violation of any provision of these regulations shall have been committed or shall exist or the agent, agent, architect, building contractor or any other person who shall commit, take part or assist in any such violation or who shall maintain any building or premises in which any violation of this chapter shall exist shall, for each and every violation, be punished by a minimum fine of fifty dollars ($50.) and a maximum fine of five hundred dollars ($500.) or imprisonment for not more than fifteen (15) days, or both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense.

•D.     No person, firm or corporation shall erect or maintain a satellite antenna except in compliance with provisions of this chapter. In addition to any other penalty provided by law, any structure erected or maintained in violation of the provisions of this chapter shall be deemed and considered a nuisance, and the village is hereby empowered to obtain judicial relief requiring abatement of said nuisance, including the removal of any structure erected or maintained or installed in violation of the terms of this chapter. In the event that the village is forced to enforce the provisions of this chapter through the seeking of injunctive relief, the village shall be reimbursed for all of its costs, expenses and attorney’s fees incurred in enforcing the provisions of this chapter.

§53-11. Effect on existing structures.   Subject to the provisions of this section, any satellite antenna now existing in the village is hereby declared to be a legal nonconforming structure; provided, however, that any such legal nonconforming structure which is not screened as provided for in this chapter shall be brought into compliance with the screening provisions of this chapter.


Chapter 58 Breach of Peace

 

§58-1.              Legislative Intent.

§58-2.              Loud Noises Prohibited.

§58-3.              Profane, Vulgar, or Obscene Conduct.

§58-4.              Loitering or Riotous Actions.

§58-5.              Violation of Local Law.

§58-6.              Savings Clause.

§58-7.              Effective Date.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 8-20-2012 as L.L. No.4-2012.Amendments noted where applicable.]

§58-1. Legislative Intent. By adoption of this local law, The Village Board of the Village of Silver Creek, New York, declares its intent to prohibit and/or regulate in a manner consistent with the health, welfare, and safety of the citizens of this Village, conduct which would breach the peace of the Village.

§58-2.  Loud Noises Prohibited.  No person shall cause or permit any unreasonably loud talking, shouting, singing, music, or other noise to be made either within or without any building in the Village of Silver Creek, at any time of such duration, character, or intensity as to be disturbing to others where-so-ever they may be.

§58-3.  Profane, Vulgar, or Obscene Conduct. No person shall, with intent to provoke a breach of the peace, or whereby a breach of the peace may be caused, commit any of the following act

•A.     Use of offensive, disorderly, threatening, obscene, or insulting language, conduct, or behavior.

•B.     Act in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others.

•C.     Cause a crowd to collect by his/her actions, except when lawfully addressing such a crowd.

•D.     Interfere with any person or persons by jostling, crowding, or placing one’s hand in or near the pocket, pocketbook, or handbag of another.

•E.      Station himself/herself on any public street or sidewalk for the purpose of soliciting or committing a crime against nature, prostitution, or other immoral acts.

•F.      Frequent or loiter about any public street or sidewalk for the purpose of soliciting alms unlawfully or annoying or insulting passersby.

•G.     No person shall place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Village, any human or animal excrement, garbage, or other objectionable waste.

The commission of any of the acts in this section shall create the rebuttable presumption that such act was committed with the intent to breach the peace.

§58-4.  Loitering or Riotous Actions. No person shall take part in, join, aid, abet any riotous or tumultuous crowds or assemblies on the public streets, walks or property adjacent thereto.No person shall loiter about the public street, walks, doorways of businesses, restaurants, or taverns catering to the public.

§58-5.  Violation of Local Law. Any violation of any section of this local law shall be punishable by a fine not to exceed $250.00, a term of imprisonment for not more than 15 days, or both.

§58-6.  Savings Clause.  If any clause, sentence, section or part of this local law shall be adjudged invalid by any court of competent jurisdiction, such judgment shall not effect, impair, or invalidate the remainder. §58-7.  Effective Date.  

This law shall become effective immediately upon filing with the New York Secretary of State.


 

Chapter 60 Brush, Grass & Weeds

 

§60-1.              Cutting grass and other vegetation along streets required.

§60-2.              Control of grass and weeds on private property.

§60-3.              Collection of yard wastes.

§60-4.              Enforcement.

§60-5.              Village action upon failure of owner to maintain; costs to become lien.

§60-6.              Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 2-7-1983 as Ch. 36, Arts. II and III, of the 1983 Code. Amendments note where applicable.]

GENERAL REFERENCES Appearance tickets-See Ch. 6. Outdoor burning- See Ch. 7. Property maintenance-See Ch. 149. Solid wastes-See Ch. 174.

§60-1.  Cutting grass and other vegetation along streets required.[1] It shall be the duty of the lessee or person having charge, or if there is no lessee or person having charge, then the owner of each and every parcel of land in this village fronting upon any street or highway to cut or cause to be cut and removed all brush, grass and weeds growing between the curb or edge of the roadway and the sidewalk or pathway at least once every three (3) weeks from May to October, inclusive.

§60-2.  Control of grass and weeds on private property.

•A.     It shall be the duty of the owner, lessee or person having charge of each and every parcel of land in this village to keep said parcel free of harmful weeds and other rank or noxious vegetation.

•B.     Grass shall be cut on improved private property at least once every two (2) weeks and on vacant parcels of land at least once every three (3) weeks from the first day of May to the last day of October of each year. This provision shall not apply to land under cultivation, naturally wooded areas or undeveloped areas which are at least one hundred (100) feet distant from any occupied building or residential lots.

§60-3.  Collection of yard wastes.[2]

•A.      Brush and weed stalk clippings must be cut up in lengths no longer than six (6) feet long. Brush should be piled with all cut ends one (1) way. Smaller brush should be tied in bundles eighteen (18) inches in diameter with a maximum weight of fifty (50) pounds per bundle.

•B.      Clean wood will be collected (no metal, glass or demolition and building materials are permitted).

•C.      Leaves, grass clippings and small sticks must be placed in weather-proof containers (no boxes or bags), which can be picked up and dumped on a truck. The maximum weight of these items shall be forty (40) pounds. No bags will be picked up which contain garbage or trash. In the fall, when the village announces leaf pickup by machine, leaves only (no sticks) should be piled at the curb.

•D.      Waste is not to be placed at the curbside more then forty-eight (48) hours prior to the scheduled date of pick up or later than 7:00 a.m. on the scheduled day of pick up.

•E.       The Village of Silver Creek will not chip or pick up brush when trees have been taken down by a contractor or person hired to remove them. Anyone cleaning lots on building sites must arrange for the removal of debris.

§60-4.  Enforcement.[3] It shall be the duty of the Code Enforcement Officer and the Department of Public Works supervisor and/or their duly appointed agents to administer and enforce the provisions of this chapter.

§60-5.  Village action upon failure of owner to maintain; costs to become lien. Upon default of the owners to perform the work specified in §§60-1 and 60-2, the village may perform the work and assess the cost thereof against the real property concerned, together with a charge of fifty percent (50%) in addition thereto to cover costs of supervision and administration which shall constitute a lien and charge thereon until paid or otherwise satisfied or discharged. Such amounts remaining unpaid on May 1 of each year shall be collected and enforced in the same manner and at the same time as provided by law for the collection and enforcement of village taxes.

§60-6.  Penalties for offenses.[4] The violation of any provision of this chapter shall be punishable by a minimum fine of fifty dollars ($50.) and a maximum fine of five hundred dollars ($500.) or imprisonment for no longer than fifteen (15) days, or both such fine and imprisonment. [1] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [2] Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [3] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [4] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.


Chapter 63 Building Construction & Fire Prevention

 

§63-1.              Legislative intent.

§63-2.              Designation of Code Enforcement Officer.

§63-3.              Restrictions.

§63-4.              Powers and duties of Code Enforcement Officer.

§63-5.              Application for building permits; fees.

§63-6.              Duration of permit; extensions.

§63-7.              Display of permit.

§63-8.              Revocation; stop orders.

§63-9.              Certification of occupancy required.

§63-10.            Application for certificate; inspection.

§63-11.            Temporary certificate.

§63-12.            Removal of dangerous buildings or structures.

§63-13.            Violations.

§63-14.            Penalties for offenses.

§63-15.            Administration and enforcement of the New York State Uniform Fire Prevention and Building Code                         [Adopted 1-19-2007 by L.L. No. 1-2007]

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 3-6-1989 as L.L. No. 1-1989. Amendments noted where applicable.]

GENERAL REFERENCES Moving of buildings- See Ch. 67. Unsafe buildings- See Ch. 71. Outdoor burning- See Ch. 74. Flood damage prevention- See Ch. 111. Insurance- See Ch. 127. Sewers- See Ch. 159. Water- See Ch. 210. Zoning- See Ch. 215.

§63-1.  Legislative intent. This chapter shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code in the Village of Silver Creek and shall establish powers, duties and responsibilities in connection therewith.

§63-2. Designation of Code Enforcement Officer.

•A.     There is hereby designated in the Village of Silver Creek a public official to be known as the “Code Enforcement Officer,” who shall be appointed by the Mayor with the approval of the Village Board at a compensation to fixed by it.

•B.     In the absence of the Code Enforcement Officer or in the case of the Code Enforcement Officer’s inability to act for any reason, the Mayor shall have the power, with the consent of the Village Board, to designate a person who is duly licensed and registered as a New York State Code Enforcement Officer to act on behalf of the Code Enforcement Officer and to exercise all the powers conferred upon the Code Enforcement Officer by this chapter.[1]

§63-3.  Restrictions.   The Code Enforcement Officer shall not engage in any activity inconsistent with the Code Enforcement Officer’s duties, nor shall the officer, during the term of the Officer’s employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials, supplies or appliances for or the supervision of the construction, alteration, demolition or maintenance of a building or the preparation of plans or specifications thereof within the Village of Silver Creek excepting that this provision shall not prohibit any enforcement officer from engaging in any such activities in connection with the construction of a building or structure owned by the Code Enforcement Officer for the Code Enforcement Officer’s own personal use and occupancy of members of the Code Enforcement Officer’s immediate family and not constructed for sale.

§63-4.  Powers and duties of Code Enforcement Officer.

•A.     Except as otherwise specifically provided by law, rule or regulation or except as herein otherwise provided, the Code Enforcement Officer shall administer and enforce all of the provisions of laws, rules and regulations applicable to the plans, specifications or permits for the construction, alterations and repairs of buildings and structures and the installation and use of materials and equipment therein and the location, use and occupancy thereof.

•B.     The Code Enforcement Officer shall promulgate rules and regulations subject to the approval of the Board to secure the intent and purpose of this chapter and a proper enforcement of the laws, rules and regulations governing building plans, specifications, construction, alteration or repairs.

•C.     The Code Enforcement Officer shall receive applications, approve plans and specifications and issue permits for the erection and alteration of buildings or structures or parts thereof and shall examine the premises for which such applications have been received, plans approved or such permits have been issued for the purpose of ensuring compliance with laws, rules and regulations governing building construction or alterations.

•D.     The Code Enforcement Officer shall issue, in writing, all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, rules and regulations, and such notices or orders may be served upon the property owner or the owner’s agent personally or by sending by certified mail a copy of such order to the owner or the owner’s agent at the address set forth in the application for permission for the construction or alterations of such building and by posting the same upon a conspicuous portion of the premises to which the notice applies.

•E.      Whenever the same may be appropriated to determine compliance with the provisions of applicable laws, rules and regulations covering building construction or alterations, the Code Enforcement Officer may, in the Code    Enforcement Officer’s discretion, accept and rely upon written reports of tests in the field by experienced professional persons or by accredited and authorized testing laboratories or service and inspection bureaus or agencies.

•F.      The Code Enforcement Officer shall issue a certificate of occupancy, when appropriate, for a building constructed or altered in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code, which such certificate shall certify that the building conforms to the requirements of the New York State Uniform Fire Prevention and Building Code.

•G.     The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by the Code Enforcement Officer, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by the Code Enforcement Officer with the consent of the Village Board and notices and orders issued. All such records shall be public records open to public inspection during normal business hours.

•H.     The Code Enforcement Officer shall quarterly submit a written report and summary of all business conducted, including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending or concluded.[2]

•I.        The Code Enforcement Officer shall make fire inspections every two (2) years to ensure compliance with Chapter C of the New York State Uniform Fire Prevention and Building Code. For uses involving hazardous or flammable materials, more frequent inspections may be made at the discretion of the Code Enforcement Officer.

•J.       The Code Enforcement Officer shall make inspections of new construction, as necessary, to ensure compliance with Chapter B of the New York State Uniform Fire Prevention and Building Code. A minimum of three (3) inspections shall be made, although they may be made concurrently where possible. Inspections shall be made at reasonable times after showing proper credentials.

§63-5.  Application for building permits; fees.

•A.     No person, firm or corporation shall commence the erection, construction, enlargement, alteration, improvements, conversion or change in the nature of the occupancy of any building or structure or cause the same to be done without first obtaining a separate building permit from the Code Enforcement Officer for each such building or structure, except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.

•B.     Application for a building permit shall be made on forms provided and shall contain the following information: •(1)   A description of the land on which the proposed work is to be done. •(2)   A statement of the use or occupancy of all parts of the land and the proposed building or structure. •(3)   The valuation of the proposed work. •(4)   The full name and address of the owner and of the applicant and the names and addresses of their responsible officers, if any of them are corporations, and the name and address of the owner’s authorized agent, if any. •(5)   A brief description of the nature of the proposed work. •(6)   If the construction is to be in accordance with the provisions of the New York Uniform Fire Prevention and Building Code, a statement that the application is made for permission to construct in accordance with the provisions of such code. •(7)   A statement that the applicant consents to permit the Code Enforcement Officer, any building inspector and any officer or employee of the Building Department to enter upon the premises without a search warrant in the manner prescribed in this chapter. •(8)   Such other information as may reasonably be required by the Code Enforcement Officer to establish compliance of the proposed work with the requirements of the applicable building laws, rules and regulations.

•C.     The application shall be signed by the owner or the owner’s authorized agent.

•D.     The application shall be made by the owner or by the agent, architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner that the proposed work is authorized, and the affidavit shall contain a statement that the owner authorizes the applicant to consent to permit the Code Enforcement Officer for on-premises inspection purposes.

•E.      Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys and, where required by the Code Enforcement Officer, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data, plans and specifications and, where required by §§7202 or 7302, as amended, of Article 145 or 147, respectively, of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer. The Code Enforcement Officer may waive requirements for filing plans and specification for minor alterations and issuing a building permit so stating.

•F.      Amendments, if any, to the applications or to the plans and commencement of such change of work shall be required.

•G.     The Code Enforcement Officer shall examine or cause to be examined all applications for permits and the plans, specification and documents filed therewith. The Code Enforcement Officer shall approve or disapprove the application within (90) days from the date of submission of the application.

•H.     Upon approval of the application and upon receipt of the legal fees therefore, the building permit shall be issued to the applicant upon the form prescribed by the Code Enforcement Officer and the Code Enforcement Officer’s signature shall be affixed or caused to be affixed thereto.

•I.        Upon approval of the application, both sets of plans and specifications shall be endorsed with the word “approved.” One (1) set of such approved plans and specifications shall be retained in the files of the Building Department and the other set shall be returned to the applicant, together with the building permit, and shall be kept by the applicant at the building site open to inspection by the Code Enforcement Officer or the Code Enforcement Officer’s authorized representative at all reasonable times.

•J.       If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, the Code Enforcement Officer shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Code Enforcement Officer shall cause such refusal, together with the reason therefore, to be transmitted to the applicant, in writing.

•K.    Upon payment of a fee as prescribed in the schedule of fees[3] adopted herein, permits shall be issued by and bear the name and signature of the Code Enforcement Officer and shall specify the following: •(1)   The activity or operation for which a permit is issued. •(2)   The address or location where the activity or operation is to be conducted. •(3)   The name and address of the permittee. •(4)   The permit number and date of issuance. •(5)   The period of permit validity.

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

•M.   Consolidated permits. When more than one (1) permit is required for the same property of premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit, for specific hazardous materials or operations, shall not invalidate the remainder.

•N.    Fees. The schedule of fees shall be as set forth from time to time by resolution of the Board of Trustees.[4]

§63-6.  Duration of permit; extensions. A building permit shall be effective to authorize the commencing of work for a period of one (1) year after the date of its issuance. For good cause, the Code Enforcement Officer may allow extensions for periods not exceeding six (6) months each. All work shall conform to the approved application, plans and specifications and shall be in accordance with applicable building laws, rules and regulations.

§63-7.  Display of permit. Building permits shall be prominently displayed on the job site at all times during the progress of the work so as to be readily seen from adjacent thoroughfares.

§63-8.  Revocation; stop orders.

•A.     The Code Enforcement Officer may revoke a building permit theretofore issued in the following instances: •(1)   Where the Code Enforcement Officer 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; •(2)   Where the Code Enforcement Officer finds that the building permit was issued in error and should not have been issued in accordance with the applicable law; •(3)   Where the Code Enforcement Officer finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications; or •(4)   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.

•B.     Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, rules or regulations 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, the Code Enforcement Officer shall notify the owner of the property or the owner’s agent to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notices shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to the person or by  posting the same upon a conspicuous portion of the building where the work is being performed and sending a copy of the same to the person by certified mail at the address set forth in the application for permission for the construction of such building.

§63-9.  Certificate of occupancy required.

•A.     No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Code Enforcement Officer.

•B.     No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall be occupied or used for more than thirty (30) days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Code Enforcement Officer.

•C.     No change shall be made in the nature of the occupancy of the existing building unless a certificate of occupancy authorizing such change shall have been issued by the Code Enforcement Officer.

§63-10. Application for certificate; inspection.

•A.     The owner or the owner’s agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Code Enforcement Officer an affidavit of the registered architect or licensed professional engineer who filed the original plans or of the registered architect or licensed professional engineer who supervised the construction of the work or of the superintendent of construction who supervised the work and who, by reason of such superintendent’s experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with the approved plans and, as erected, complies with the law governing building construction or as varied by a variance which has been legally authorized.  Such variances and qualifying conditions imposed therewith, if any, shall be specified in the affidavit.

•B.     Inspection prior to issuance of certificate of occupancy. Before issuing a certificate of occupancy, the Code Enforcement Officer shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair or change the use or nature of occupancy, and the Code Enforcement Officer may conduct such inspections as such officer deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained by the Code Enforcement Officer a record of all such examinations and inspections, together with a record of findings of violations of the law.

•C.     Issuance of certificate of occupancy. •(1)   When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, rules and regulations and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Code Enforcement Officer shall issue a certificate of occupancy upon the form provided by the Code Enforcement Officer. If it is found that the proposed work has not been properly completed, the Code Enforcement Officer shall not issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations. •(2)   A certificate of occupancy shall be issued, where appropriate, within thirty (30) days after written application therefore is made. •(3)   The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, rules and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.

§63-11. Temporary certificate. Upon request, 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 that 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 three (3) months from its date of issuance. For good cause, the Code Enforcement Officer may allow a maximum of two (2) extensions for periods not exceeding three (3) months each.

§63-12. Removal of dangerous buildings or structures.[5]   For legislative requirements pertaining to the removal of dangerous buildings and structures see Chapter 71, Buildings, Unsafe.

§63-13. Violations.

•A.     A person owning, operating, occupying or maintaining property or premises within the scope of this chapter shall comply with all the provisions of this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith. •B.     Whenever the Code Enforcement Officer finds that there has been a violation of this chapter or any rule or regulation adopted pursuant to this chapter, a violation order shall be issued to the person or persons responsible.

•C.     Violation orders shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance and shall state the time within which an appeal may be taken.

•D.     Violation orders may be served by personal service, by mailing registered or certified mail or by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a post paid wrapper addressed to the person responsible.

•E.      In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made.

§63-14. Penalties for offenses.

•A.     Failure to comply with any provisions of this chapter, rule or regulations adopted pursuant to this chapter or a violation order shall be deemed a misdemeanor, and the violator shall be liable for a fine of not more than one thousand dollars ($1,000.) or imprisonment not to exceed one (1) year, or both, and each day such violation continues shall constitute a separate violation.[6]

•B.     An action or proceeding in the name of the Village of Silver Creek may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provisions of this chapter, rule or regulation adopted pursuant to this chapter 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.  Administration and enforcement of the New York State Uniform Fire Prevention and Building Code [Adopted 1-19-2007 by L.L. No. 1-2007] Be it enacted by the Village Board of the Village of Silver Creek in the County of Chautauqua, as follows: 1.  Purpose and Intent. This local law provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Village.  This local law is adopted pursuant to section 10 of the Municipal Home Rule Law.  Except as otherwise provided in the Uniform Code, other state law, or other section of this local law, all buildings, structures and premises, regardless of use or occupancy, are subject to the provisions of this local law. 2.  Definitions. In this local law: BUILDING PERMIT-shall mean a permit issued pursuant to section 4 of this local law.  The term “Building Permit” shall also include a Building Permit, which is renewed, amended, or extended pursuant to any provision of this local law. CERTIFICATE OF OCCUPANCY / CERTIFICATE OF COMPLIANCE-shall mean a certificate issued pursuant to subdivision (b) of section 7 of this local law. CODE ENFORECEMENT OFFICER-shall mean the Code Enforcement Officer appointed pursuant to subdivision (b) of section 3 of this local law. CODE ENFORCEMENT PERSONNEL-shall include the Code Enforcement Officer and all Inspectors. COMPLIANCE ORDER-shall mean an order issued by the Code Enforcement Officer pursuant to subdivision (a) of section 15 of this local law. ENERGY CODE-shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time. INSPECTOR-shall mean an inspector appointed pursuant to subdivision (d) of section 4 of this local law. OPERATING PERMIT-shall mean a permit issued pursuant to section 10 of this local law.  The term “Operating Permit” shall also include an Operating Permit, which is renewed, amended, or extended pursuant to any provisions of this local law. PERMIT HOLDER-shall mean the Person to whom a Building Permit has been issued. PERSON-shall include an individual, corporation, limited liability company partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description. STOP WORK ORDER-shall mean an order issued pursuant to section 6 of this local law. TEMPORARY CERTIFICATE-shall mean a certificate issued pursuant to subdivision (d) of section 7 of this local law. TOWN-shall mean the Town of Hanover UNIFORM CODE-shall mean the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time. VILLAGE-shall mean the Village of Forestville or the Village of Silver Creek. 3.  Code Enforcement Officer and Inspectors.

•A.     The office of Code Enforcement Officer is hereby created.  The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, and this local law.  The Code Enforcement Officer shall have the following powers and duties: •(1)   To receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy/Certificates of Compliance, Temporary Certificates and Operating Permits, and the plans, specifications and construction documents submitted with such applications; •(2)   Upon approval of such applications, to issue Building Permits, Certificates of Occupancy/Certificates of Compliance, Temporary Certificates and Operating Permits, and to include in Building Permits, Certificates of Occupancy/Certificates of Compliance, Temporary Certificates and Operating Permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate; •(3)   To conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy/Certificates of Compliance, Temporary Certificates and Operating Permits, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this local law; •(4)   To issue Stop Work Orders; •(5)   To review and investigate complaints; •(6)   To issue orders pursuant to subdivision (a) of section 15 (Violations) of this local law; •(7)   To maintain records; •(8)   To collect fees; •(9)   To pursue administrative enforcement actions and proceedings;  •(10)           In consultations with this Village’s attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and; •(11)           To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this local law.

•B.     Upon consent of the Village Board, the Code Enforcement Officer shall be appointed by the Mayor.  The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated there under.

•C.     In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Village Board to serve as Acting Code Enforcement Officer.  The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this local law.

•D.     One or more Inspectors may be appointed the Village Board to act under the supervision and direction of the Code Enforcement Officer and to assist the duties conferred upon the Code Enforcement Officer by this local law.  Each Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated there under.

•E.      The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Village Board of this Village.   4.  Building Permits.

•A.     Building Permits Required.  Except as otherwise provided in subdivision (b) of this section, a Building Permit shall be required for any work, which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion there of, and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit.  No person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Code Enforcement Officer.

•B.     Exemptions.  No Building Permit shall be required for work in any of the following categories: •(1)   Construction or installation of one story detached structures associated with one or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses, or similar uses, provided the gross floor area does not exceed 99 square feet. •(2)   Installation of swings and other playground equipment associated with a one-or two-family dwelling or multiple single-family dwellings (townhouses); •(3)   Installation of swimming pools associated with a one-or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; •(4)   Construction of retaining walls unless such walls support a surcharge or impound Class I, II, or IIIA liquids; •(5)   Construction of temporary motion picture, television and theater stage sets and scenery; •(6)   Installation of window awnings supported by and exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses); •(7)   Installation of partitions or movable cases less than 5’9″ in height; •(8)   Painting, wallpapering, tiling, carpeting, or other similar finish work; •(9)   Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; •(10)           Replacement of any equipment provided the replacement does not alter the equipment’s original specifications; or •(11)           Repairs, provided that such repairs do not involve; •(i)      the removal or cutting away of a load bearing wall, portion there, of or of any structural beam or load bearing component; •(ii)    the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; •(iii)   the enlargement, alteration, replacement, or relocation of any building system; or •(iv)  the removal from service of all or part of a fire protection system for any period of time.

•C.      Exemption not deemed authorization to perform non-compliant work.  The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (b) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.

•D.     Applications for Building Permits.  Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer.  The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner.  The application shall include such information, as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all allocable requirements of the Uniform Code and the Energy Code.  The application shall include or be accompanied by the following information and documentation: •(1)   A description of the proposed work; •(2)   The tax map number and the street address of the premises where the work is to be performed; •(3)   The occupancy classification of any affected building or structure; •(4)   Where applicable, a statement of special inspections prepared in accordance with provisions of the Uniform Code; and •(5)   At least two (2) sets of construction documents (drawings and/or specification) which: •(i)      define the scope of the proposed work; •(ii)    are prepared by New York State registered architect or licensed professional engineer where so required by the Education Law; •(iii)   indicate with sufficient clarity and detail the nature and extent of the work proposed; •(iv)  substantiate that the proposed work will comply wit the Uniform Code and the Energy Code; and •(v)    where applicable, include a site plan that shows any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.

•E.      Construction documents.  Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of this section.  Construction documents, which are accepted by the Code Enforcement Officer in writing or by stamp.  One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel.  However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued.  Work shall not be commenced until and unless a Building Permit is issued.

•F.      Issuance of Building Permits.  An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.  The Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.

•G.     Building Permits to be displayed.  Building Permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

•H.     Work to be in accordance with construction documents.  All work shall be performed in accordance with construction documents, which were submitted with and accepted as part of the application for the Building Permit.  The Building Permit shall contain such a directive.  The Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work.  The Building Permit shall contain such a directive.  If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit reflecting such change is issued.

•I.        Time Limits.  Building Permits shall become invalid unless the authorized work is commenced within six (6) months following the date of issuance.  Building Permits shall expire twelve (12) months after the date of issuance.  A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.

•J.       Revocation or suspension of Building Permits.  If the Code Enforcement Officer determines that a Building Permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrated that (1) all work then completed is in compliance with all applicable provisions of the Uniform Code and Energy Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.

•K.    Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit. 5.  Construction Inspections.

•A.     Work to remain accessible and exposed.  Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer.  The Permit Holder shall notify the Code Enforcement Officer when any element of work described in subdivision (b) of this section is ready for inspection.

•B.     Elements of work to be inspected.  The following elements of the construction process shall be inspected made, where applicable: •(1)   Work site prior to the issuance of a Building Permit; •(2)   Footing and Foundation; •(3)   Preparation for concrete slap; •(4)   Framing; •(5)   Building systems, including underground and rough-in; •(6)   Fire resistant construction; •(7)   Fire resistant penetrations; •(8)   Solid fuel burning heating appliances, chimneys, flues, or gas vents; •(9)   Energy Code compliance; and •(10)           A final inspection after all work authorized by the Building Permit has been completed.

•C.     Inspection Results.  After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code.  Work not incompliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, re-inspected, and found satisfactory as completed.

•D.     Fee.  The fee specified in or determined in accordance with provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time of each inspection performed pursuant to this section. 6.  Stop Work Orders.

•A.      Authority to issue.  The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this section.  The Code Enforcement Officer shall issue a Stop Work Order to halt: •(1)   Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or •(2)   Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or •(3)   Any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or had been suspended or revoked.

•B.     Content of Stop Work Orders.  Stop Work Orders shall (1) be in writing, (2) be dated and signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, and (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume.

•C.     Service of Stop Work Orders.  The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the Permit Holder, on the Permit Holder) personally or by certified mail.  The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, sub-contractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop Work Order, personally or by certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order.

•D.     Effect of Stop Work Order.  Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder and any other Person performing, taking part in or assisting in the work shall immediately cease all work, which is the subject of the Stop Work Order.

•E.      Remedy not exclusive.  The issuance of a Stop Work Order shall not be the exclusive remedy available to address and event described in subdivision (a) of this section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under section 15 (Violations) of this local law or under any pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order. •7.      Certificates of Occupancy/Certificates of Compliance.

•A.     Certificate of Occupancy/Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or sub-classification to another.  Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy/Certificate of Compliance.

•B.     Issuance of Certificates of Occupancy/Certificates of Compliance.  The Code Enforcement Officer shall issue a Certificate of Occupancy/Certificate of Compliance if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from on use or occupancy classification or sub-classification to another complies with all applicable provisions of the Uniform Code and Energy Code.  The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the building, structure, or work prior to the issuance of Certificate of Occupancy/Certificate of Compliance.  In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the Certificate of Occupancy/Certificate of Compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy/Certificate of Compliance: •(1)    A written statement of structural observations and/or a final report of special inspections, and •(2)    Flood hazard certifications.

•C.     Contents of Certificates of Occupancy/Certificates of Compliance.  A Certificate of Occupancy/Certificate of Compliance shall contain the following information: •(1)    The Building Permit number, if any; •(2)    The date of issuance of the Building Permit, if any; •(3)    The name, address, and tax map number of the property; •(4)    If the Certificate of Occupancy/Certificate of Compliance is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy/Certificate of Compliance is issued; •(5)    The use and occupancy classification of the structure; •(6)    The type of construction of the structure; •(7)    The assembly occupant load of the structure, if any; •(8)    If an automatic sprinkler system is provided, a notation as to whether the sprinkler is required; •(9)    Any special conditions imposed in connection with the issuance of the Building Permit; and •(10)           The signature of the Code Enforcement Officer issuing the Certificate of Occupancy/Certificate of Compliance and the date of issuance.

•D.     Temporary Certificate.  The Code Enforcement Officer shall be permitted to issue a Temporary Certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work, which is the subject of a Building Permit.  However, in no event shall the Code Enforcement Officer issue a Temporary Certificate unless the Code Enforcement Officer determines (1) that the building or structure, or portion thereof, covered by the Temporary Certificate, may be occupied safely, (2) that any fire- and smoke- detecting or fire protection equipment which has been installed is operational, and (3) that all required means of egress from the building or structure have been provided.  The Code Enforcement Officer may include in a Temporary Certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A Temporary Certificate shall be effective for a period of time, not to exceed six (6) months, which shall be determined by the Code Enforcement Officer and specified in the Temporary Certificate.  During the specified period of effectiveness of the Temporary Certificate, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provision of the Uniform Code and Energy Code.

•E.      Revocation or suspension of certificates.  If the Code Enforcement Officer determines that Certificate of Occupancy/Certificate of Compliance or a Temporary Certificate was issued in error because of incorrect, inaccurate, or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.

•F.      Fee.  The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for a Certificate of Occupancy/Certificate of Compliance or for a Temporary Certificate. 8.  Notification Regarding Fire or Explosion. The chief of any fire department providing fire fighting services for a property within this Village shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney, or gas vent. 9.  Unsafe Building and Structures. ALTERNATIVE 1:  Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by existing Local Law, or ordinance currently in effect, or as hereafter amended, or adopted, from time to time. •10.   Operating Permits.

•A.     Operating Permit required.  Operating Permits shall be required for conducting the activities or using the categories or buildings listed below: (1) Manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3), or 2703.1.1(4) in the publication entitled “Fire Code of New York State” and incorporated by references in 19 NYCCR section 1225.1; •(2)    Hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling; •(3)    Use of pyrotechnic devices in assembly occupancies; •(4)    Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and •(5)   Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Village Board of this Village. Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such activity or operation.

•B.     Applications for Operating Permits.  An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer.  Such application shall include such information, as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code.  If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant.

•C.     Inspections.  The Code Enforcement Officer or and Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit.

•D.     Multiple Activities.  In any circumstance in which more than one activity listed in subdivision (a) of this sections to be conducted at a location, the Code Enforcement Officer may require a separate Operating Permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single Operating Permit to apply to all such activities.

•E.      Duration of Operating Permits. Operating Permits shall be issued for such period of time, not to exceed (1) one year in the case of any Operating Permit issued for an area of public assembly and not to exceed three (3) years in any other case, as shall be determined by the Code Enforcement Officer to be consistent with local conditions.  The effective period of each Operating Permit shall be specified in the Operating Permit.  An Operating Permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer.

•F.      Revocation or suspension of Operating Permits.  If the Code Enforcement Officer determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended.

•G.     Fee.  The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit. •11.   Fire Safety and Property Maintenance Inspections.

•A.     Inspections.  Fire Safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at the following intervals: •(1)   Fire Safety and property maintenance inspections of buildings or structures, which contain an area of public assembly, shall be performed at least once every twelve (12) months. •(2)   Fire Safety and property maintenance inspections of buildings or structures being occupied, as dormitories shall be performed at least once every twelve (12) months. •(3)   Fire Safety and property maintenance inspections of all multiple dwellings not included in paragraphs (1) or (2) of this subdivision, and all non-residential buildings, structures, uses and occupancies not included in paragraphs (1) or (2) of this subdivision, shall be performed at least once every twelve (12) months.

•B.     Inspections permitted.  In addition to the inspections required by subdivision (a) of this section, a fire safety and property maintenance inspection of any building, structure, use or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon: •(1)   The request of the owner of the property to be inspected or an authorized agent of such owner; •(2)   Receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code and Energy Code exist; or •(3)   Receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code and Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

•C.     OFPC Inspections.  Nothing in this section or in any other provision of this local law shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control (“OFPC”) and the New York State Fire Administrator under Executive Law section 156-e and Education Law section 807-b.  Not withstanding any other provision of this section to the contrary: (1) The Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every twelve (12) months; •(2)   The Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every twelve (12) months; •(3)   The Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a multiple dwelling not included in paragraphs (1) or (2) subdivision (a) of this section if OFPC performs fire safety and property maintenance inspections of such multiple dwellings at intervals not exceeding the interval specified in paragraph (3) of subdivision (a) of this section; and •(4)   The Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a non-residential building, structure, use or occupancy not included in paragraphs (1) or (2) of subdivision (a) of this section if OFPC performs fire safety and property maintenance inspections of such non-residential building, structure, use or occupancy at intervals not exceeding the interval specified in paragraph (3) of subdivision (a) of this section.

D.  Fee.  The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time each inspection performed pursuant to this section.  This subdivision shall not apply to the inspections performed by the OFPC. 12.  Complaints. The Code Enforcement Officer shall review and investigate complaints, which  allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code.  The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate:

•A.     Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;

•B.     If a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation with the notice of the violation and opportunity to abate, correct, or cure the violation, or otherwise proceeding in the manner described in section 15 (Violations) of this local law;

•C.     If appropriate, issuing a Stop Work Order;

•D.     If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. 13.  Record Keeping.

•A.     The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of: •(1)   All applications received, reviewed and approved or denied; •(2)   All plans, specification and construction documents approved; •(3)   All Building Permits, Certificates of Occupancy/Certificates of Compliance, Temporary Certificates, Stop Work Orders, and Operating Permits issued; •(4)   All inspections and test performed; •(5)   All statements and reports issued; •(6)   All complaints received; •(7)   All investigations conducted; •(8)   All other features and activities specified in or contemplated by sections 4 through 12, inclusive, of this local law, including; and •(9)   All fees charged and collected.

•B.     All such records shall be public records.  Open for public inspection during normal business hours.  All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State Law and regulation.   14.  Program Review and Reporting.

•A.     The Code Enforcement Officer shall annually submit, to the Village Board of this Village, a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in section 13 (Record Keeping) of this local law and a report and summary of all appeals or litigation pending or concluded.

•B.     The Code Enforcement Officer shall annually submit to the Secretary of State on behalf of The Village of Silver Creek on a form prescribed by the Secretary of State, a report of the activities of this Village relative to administration and enforcement of the Uniform Code.

•C.     The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials The Village of Silver Creek is required to maintain, excerpts, summaries, tabulations, statistics, and other information and accounts of the activities of this Village in connection with administration and enforcement of the Uniform Code.   15.  Violations.

•A.     Compliance Orders.  The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure or premises in violation of the Uniform Code, the Energy Code or this local law.  Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a Compliance Order.  The Compliance Order shall (1) be in writing; (2) be dated and signed by the Code Enforcement Officer; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this local law which is/are violated by the specified condition or activity; (5) specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; (6) direct that compliance be achieved within the specified time period; and (7) state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.  The Code Enforcement Officer shall cause the Compliance Order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail.  The Code Enforcement Officer shall be permitted, but not required, to cause the Compliance Order, or copy therof, to be served on any builder, architect, tenant, contractor, sub-contractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by certified mail provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order.

•B.     Appearance Tickets.  The Code Enforcement Officer and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code.

•C.     Civil Penalties.  In addition to those penalties proscribed by State Law, any Person who violates any provision of the Uniform Code, the Energy Code, or this local law, or any term or condition of any Building Permit, Certificate of Occupancy/Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law, shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues.  The civil penalties provided by this subdivision shall be recoverable in an action instituted in the name of this Village.

•D.     Injunctive Relief.  An action or proceeding may be instituted in the name of this Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, or this local law, or any term or condition of any Building Permit, Certificate of Occupancy/Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law.  In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this local law, or any Stop Work Order, Compliance Order or other order obtained under the Uniform Code, the Energy Code or this local law, an action or proceeding may be commenced in the name of this Village, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions.  No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Village Board of this Village.

•E.      Remedies Not Exclusive.  No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in section 6 (Stop Work Order) of this local law, in any other section of this local law, or in any other applicable law.  In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 381 of the Executive Law and any remedy or penalty specified in this section may be pursued at any time, whether prior to simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of section 381 of the Executive Law.  16.  Fees. A fee schedule shall be established by resolution of the Village Board of this Village.  Such fee schedule may thereafter be amended from time to time by like resolution.  The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of Occupancy/Certificates of Compliance, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this local law. 17.  Intermunicipal Agreements.   The Village Board of this Village may, by resolution, authorize the Mayor of this Village to enter into an agreement, in the name of this Village, with other governments to carry out the terms of this local law, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law. 18.  Partial Invalidity. If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law. 19. Effective Date.   This local law shall take effect immediately upon filing in the office of the New York  Secretary of State in accordance with section 27 of the Municipal Home Rule Law.             [1] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [2] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [3] Editor’s Note: See Ch. A219, Fees. [4] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. See Ch. A219, Fees. [5] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [6] Editor’s Note:  Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.


Chapter 67 Buildings, Moving of

 

§67-1.              Permit required; fees.

§67-2.              Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 2-7-1983 as Ch. 44, Art. III, of the 1983 Code; amended in its entirety at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Subsequent amendments noted where applicable.]

GENERAL REFERENCES Building construction and fire prevention- See Ch. 63. Unsafe buildings- See Ch. 71. Streets and sidewalks- See Ch. 180. Zoning- See Ch. 215.

§67-1.  Permit required; fees.   No person shall move any building, part of a building or oversize loads as specified in Vehicle and Traffic Law §385 over, across or through any village street, lane or alley except with written permission of the Street Superintendent. Every such permit may designate the route to be traversed and contain any other restrictions or conditions deemed necessary by the Street Superintendent, with fees as may be set forth from time to time by resolution of the Board of Trustees.[1]

§67-2.  Penalties for offenses.   Violations of any of the provisions of this chapter shall, upon conviction thereof, be punishable by a minimum fine of fifty dollars ($50.) and a maximum fine of five hundred dollars ($500.) or by imprisonment for not more than fifteen (15) days, or both.   [1] Editor’s Note: See Ch. A219, Fees


Chapter 71 Buildings, Unsafe

 

§71-1.              Title.

§71-2.              Characteristics of unsafe buildings.

§71-3.              Determination of unsafe status.

§71-4.              Public nuisances; required action; appearance tickets.

§71-5.              Inspections; access to premises.

§71-6.              Duties and powers of Code Enforcement Officer; notice.

§71-7.              Powers and duties of Board of Trustees; cost to become lien.

§71-8.              Emergency cases.

§71-9.              Absentee owner.

§71-10.            Administrative liability.

§71-11.            Powers and duties of Fire Department Officers.

§71-12.            Powers and duties of Police Department Officers.

§71-13.            Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 2-7-1983 as Ch. 33 of the 1983 Code. Amendments noted where applicable.]

GENERAL REFERENCES Appearance tickets-See Ch. 6. Building construction and fire prevention-See Ch.63. Moving of buildings-See Ch.67. Property maintenance-See Ch. 149.

§71-1.  Title.   This chapter shall be known and may be cited as the “Unsafe Buildings Law of the Village of Silver Creek.”

§71-2.  Characteristics of unsafe buildings.   All buildings or structures which have any or all of the following defects shall be deemed unsafe buildings:

•A.     Those buildings whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

•B.     Those buildings which, exclusive of the foundation, show thirty-three percent (33%) or more of damage or deterioration of the supporting member or members of fifty percent (50%) of damage or deterioration of the nonsupporting enclosing or outside walls or covering.

•C.     Those buildings which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.

•D.     Those buildings which have been damaged by fire, wind or other causes so as to become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Village of Silver Creek.

•E.      Those buildings which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease so as to work injury to the health, morals, safety or general welfare of those living therein.

•F.      Those buildings having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.

•G.     Those buildings having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of escape.

•H.     Those buildings which have parts thereof which are so attached that they may fall and injure members of the public or property.

•I.        Those buildings which because of their condition are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of this village.

•J.       Those buildings existing in violation of any provision of this Code, such as but not limited to the Uniform Fire Prevention and Building Code,[1] the Housing Code and Chapter 215, Zoning.[2]

•K.    Any building or structure, which remains vacant and unattended continuously for a period of five (5) years.

§71-3.  Determination of unsafe status.   The following standards shall be followed in substance by the Code Enforcement Officer and the Board of Trustees in ordering repair, vacation or demolition:

•A.     If the unsafe building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired.

•B.     If the unsafe building is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated.

•C.     In any case where an unsafe building is so damaged or decayed or deteriorated from its original value or structure so that it can not be economically restored, it shall be demolished, and, in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be demolished. In all cases where an unsafe building is a fire hazard existing or erected in violation of the terms of this chapter or any other provisions of this Code or laws of the State of New York, it shall be demolished.

§71-4.  Public nuisances; required action; appearance tickets.[3] All unsafe buildings within the terms of §71-2 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided. In the alternative, the Code Enforcement Officer may issue an appearance ticket alleging violation of this section. An appearance ticket may also be issued for failure to appear before the Board as herein required.

§71-5.  Inspection; access to premises.[4] The Code Enforcement Officer or any duly designated inspector in the Department is hereby authorized and directed to make all inspections necessary to determine whether compliance with the provisions of this chapter exist. For the purpose of making such inspections, the Code Enforcement Officer is hereby authorized to enter, examine and survey at all reasonable times fire-or explosion-damaged buildings and their premises. The owner or occupants of every such building or the person in charge thereof shall give the Code Enforcement Officer and designated inspectors free access to such building and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of such a building shall give the owner thereof or the owner’s agent or employees access to any part of such building unit or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.

§71-6.  Duties and powers of Code Enforcement Officer; notice. The Code Enforcement Officer shall:

•A.     Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this chapter or any other provisions of this Code and report said findings al least annually to the Board of Trustees or more frequently as requested by the Board or the Mayor.

•B.      Inspect any building, wall or structure reported (as hereinafter provided for) by the Fire or Police Departments of this village as probably existing in violation of the terms of this chapter.

•C.     [5]Notify personally or in writing the owner or someone of the owner’s executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or someone of the owner’s executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Town of Hanover Assessor or in the office of the County Clerk, of any building found by the Code Enforcement Officer to be an unsafe building within the standards set forth in §71-2 of this chapter. The notice shall provide one or more of the following: •(1)   The owner must vacate or repair or demolish said building in accordance with the terms of the notice and this chapter. •(2)   The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession. •(3)   Any mortgagee, agent or other persons having an interest in said building may at said person’s own risk repair, vacate or demolish said building or have such work or act done, provided, that any person notified under this subsection to repair, vacate or demolish any building shall be given such reasonable time, not exceeding thirty (30) days, as may be necessary to do or have done the work or act required by the notice provided for herein.

•D.     Set forth in the notice provided for in the Subsection C hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure an unsafe building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding thirty (30) days, as is reasonable.

•E.      Report to the Board of Trustees any noncompliance with the notice provided for in Subsections C and D hereof.

•F.      Appear at all hearings conducted by the Board of Trustees and testify as to the condition of unsafe buildings.

•G.     Place a notice on all unsafe buildings reading as follows: “This building has been found to be an unsafe building by this Code Enforcement Officer. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner or someone of the owner’s executors, legal representatives,  agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or someone of the owner’s executors, legal representatives, agents, lessees or other person having vested or contingent interest in the same, as shown by the records of the Town of Hanover Assessor or in the office of the County Clerk, of any building found by me to be an unsafe building within the standards set forth §71-3 of Chapter 71 of the Village of Silver Creek Code. It is unlawful to remove this notice until such notice is complied with.”[6]

§71-7.  Powers and duties of Board of Trustees; cost to become lien.   The Board of Trustees shall:

•A.     Written notice to owner or lessees. Upon receipt of a report of the Code Enforcement Officer as provided for in Subsection E of §71-6 hereof, give written notice to the owner or someone of the owner’s executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or someone of the owner’s executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Town of Hanover Assessor or in the office of the County Clerk, of any building found by the Code Enforcement Officer to be an unsafe building within the standards set forth in §71-3 of this chapter, to appear before them on the date specified in the notice to show cause why the building or structure reported to be an unsafe building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Code Enforcement Officer’s notice provided for in Subsections C and D of §71-6.[7]

•B.     Hold hearings. Hold a hearing and hear such testimony as the Code Enforcement Officer or the owner or someone of the owner’s executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, as shown by the records of the Town of Hanover Assessor or in the office of the County Clerk, shall offer relative to the unsafe building.[8]

•C.     Written findings of fact. Make written findings of fact from the testimony offered pursuant to Subsection B as to whether or not the building in question is an unsafe building within the terms of §71-2 hereof.

•D.     Issue order based on findings of fact. Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner or someone of the owner’s executors, legal representatives, agents, lessees or any other     person having a vested or contingent interest in the property, as shown by the records of the Town of Hanover Assessor or in the officer of the County Clerk, to repair, vacate or demolish any building found to be an unsafe building within the terms of this chapter, and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said unsafe building; or any person not the owner of said unsafe building but having an interest in said building may demolish said unsafe building at said person’s own risk to prevent the acquiring of a lien against the land upon which said unsafe building stands by the village as provided in Subsection E hereof.[9]

•E.      Cause building to be repaired. If such person fails to comply with the order provided for in Subsection D hereof, within ten (10) days, cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in §71-3 of this chapter and shall with the assistance of the Village Attorney cause the costs of such repair, vacation or demolition, together with a service charge of twenty percent (20%) thereof to cover costs of supervision and administration, to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax against the land upon which the building stands or did stand or to be recovered in a suit at law against the owner, provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of this village, the Code Enforcement Officer shall notify the Village Attorney to take legal action to force the owner to make all necessary repairs or to demolish the building.[10]

•F.      Report names not complying to Village Attorney. Report to the Village Attorney the names of all persons not complying with the order provided for in Subsection D of this section.

§71-8.  Emergency cases.   In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an unsafe building as determined herein is immediately repaired, vacated or demolished, the Code Enforcement Officer shall report such facts to the Board of Trustees, and the Board of Trustees shall cause the immediate repair, vacation or demolition of such unsafe building. The costs of such emergency repair, vacation or demolition of such unsafe building shall be collected in the same manner as provided in Subsection E of §71-7.

§71-9.  Absentee owner.   In cases, except emergency cases, where the owner, occupant or lessee is absent from the village, all notices or orders provided for herein shall be sent by registered mail to the party in interest as described in Subsection C of §71-6 to the last known address of such party of interest, and a copy of such notice shall be posted in a conspicuous place on the unsafe building to which it relates. Such mailing and posting shall be deemed adequate service.

§71-10. Administrative liability.   No officer, agent or employee of the Village of Silver Creek shall render said officer personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of said officer’s duties under this chapter. Any suit brought against any officer, agent or employee of the Village of Silver Creek as a result of any act required or permitted in the discharge of said officer’s duties under this chapter shall be defended by the Village Attorney until the final determination of the proceeding therein.

§71-11.  Powers and duties of Fire Department officers.   Any volunteer fireman of the Village Fire Department may make a report, in writing, to the Code Enforcement Officer of any building or structures, which are, may be or are suspected to be unsafe buildings within the terms of this chapter.

§71-12.  Powers and duties of Police Department officers.   All officers and employees of the Police Department or any other law enforcement official shall make a report, in writing, to the Code Enforcement Officer of any buildings or structures which are or may be deemed to be unsafe buildings within the terms of this chapter. Such reports must be delivered to the Code Enforcement Officer within twenty-four (24) hours of the discovery of such building.

§71-13.  Penalties for offenses.[11]

•A.     A violation of any of the provisions of this chapter is hereby declared to be a violation pursuant to the Penal Law in the alternative and/or in addition to other remedies herein provided.

•B.     For every violation of any provision of this chapter, the person violating the same shall be subject to a minimum fine of fifty dollars ($50.) and a maximum fine of five hundred dollars ($500.) or imprisonment of not more than fifteen (15) days in jail, or both. Each and every violation shall constitute a separate offense.     [1] Editor’s Note: See Ch. 63, Building Construction and Fire Prevention. [2] Editor’s Note: Amended at time of adoption of Code; see Ch.1, General Provisions, Art. I. [3] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [4] Editor’s Note: Added at time of adoption of Code; see Ch.1, General Provisions, Art. I. [5] Editor’s Note: Amended at time of adoption of Code; see Ch.1, General Provisions, Art. I. [6] Editor’s Note: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I. [7] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [8] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [9] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [10] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [11] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.


Chapter 74 Burning, Outdoor

 

§74-1.  Authorization required; exception.

§74-2.  Extinguishing of fires.

§74-3.  Penalties for offenses

 

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek

10-2-1989 as L.L. No. 6-1989 (§65.75 of the 1983 Code); amended in its entirety at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Subsequent Amendments noted where applicable.]

 GENERAL REFERENCES Property and maintenance-See Ch. 149. Streets and sidewalks-See Ch. 180.

§74-1.  Authorization required; exception. No person shall kindle, start or maintain any outdoor fire in the Village of Silver Creek without written authorization of the Village Board of Trustees. Notwithstanding the foregoing, the cooking or preparation of food by an outdoor fire of reasonable size is permitted.

§74-2.  Extinguishing of fires. Upon direction of a police officer, any outdoor fire in violation of this chapter shall be immediately extinguished.

§74-3.  Penalties for offenses. Violations of any of the provisions of this chapter shall, upon conviction, be punishable by a minimum fine of fifty dollars ($50.) and a maximum fine of five hundred dollars ($500.) or by imprisonment for not more than fifteen (15) days, or both.

 


Chapter 82 Coastal Erosion

 

[The coastal erosion hazard regulations, as they pertain to the Village of Silver Creek, contained in the Department of Environmental Conservation Commissioners order for implementing the coastal erosion management regulations, are on file in the office of the Village Clerk and are available for public inspection. Said provisions are enforced by the Village of Silver Creek Code Enforcement Officer and the New York State Department of Environmental Conservation. Consult also the New York State Department of Environmental Conservation Regulation No. 6, NYCRR Part 505, Coastal Erosion Map photo 157-718-79, sheet 1 of 1.]

 GENERAL REFERENCES Flood damage prevention-See Ch. 111. Zoning-SeeCh. 215.

 


Chapter 90 Curfew

 

§90-1.              Findings.

§90-2.              Purpose.

§90-3.              Definitions and word usage.

§90-4.              Establishment of curfew for juveniles.

§90-5.              Exceptions.

§90-6.              Parental responsibility.

§90-7.              Notice.

§90-8.              Procedure for minors; penalties.

§90-9.              Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 2-7-1983 as §§65.51 through 65.53 of the 1983 Code; amended in its entirety at the time of adoption of Code; see Ch. 1, General Provisions, Art. I. Subsequent amendments noted where applicable.]

§90-1.  Findings.

•A.     The Board of Trustees of the Village of Silver Creek hereby finds that there has been a significant breakdown in the supervision normally provided by certain parents and guidance for juveniles under eighteen (18) years of age resulting in juveniles being involved in a wide range of unacceptable behavior, including vandalism, noisy and rowdy behavior, breaking and entering, public drinking, littering and harassment of residents.

•B.     The Board of Trustees further finds that the offensive activities of the juveniles are not easily controlled by existing laws because the activities are easily concealed whenever police officers are present and that the establishment of reasonable curfew regulations will enable the community to better control the free and unobstructed access to the streets and public places by the majority of residents and will enable the police to act reasonably and fairly to prevent the violation of laws by juveniles.

•C.     The Board of Trustees further finds and has determined that a curfew meets a very real local need and that curfew laws in other communities have been a significant factor in minimizing juvenile delinquency. A curfew in the Village of Silver Creek is particularly appropriate in view of the basic residential nature of the community in the sense of the community that there is a proper time for the cessation of outdoor activities of juveniles. That sense of community is reflected by the curfew hours declared by this chapter, which take into consideration also the danger hours for nocturnal crime and for accumulations of juveniles with potential risk incident to immaturity.

§90-2.  Purpose.

•A.     In enacting this chapter, the Board of Trustees has taken note of the peculiar vulnerability of children, both as victims of crime and as perpetrators of offenses because of peer pressure. This chapter is intended not only to prevent children from causing harm but also is intended to protect children themselves from being harmed as victims of nocturnal crime.

•B.     The Village of Silver Creek is basically a family community. Parental responsibility for the whereabouts of children is the accepted norm by a substantial majority of the community. Legal sanctions to enforce such responsibility have had a demonstrated effectiveness in many communities over the years. The Board of Trustees has determined that as parental control increases there is a likelihood that juvenile delinquency decreases and that there is a need for a nocturnal curfew for juveniles in the Village of Silver Creek and that the establishment of a curfew applicable to juveniles will reinforce the primary authority and responsibility of parents and guardians over juveniles in their care and custody.

•C.     It is not the intent of this chapter to supplant parental supervision. The Board of Trustees recognizes the right of parents to direct their children’s upbringing and family autonomy against unreasonable interference. The Board of Trustees is also aware that, in cases in which harm to the physical or mental health of a child or to the public safety, peace, order or welfare is threatened, the legitimate interests of the community as a whole may override the parent’s qualified right to control the upbringing of their children.

•D.     The Board of Trustees also recognizes that juveniles are protected with certain constitutional rights and guaranties that are enjoyed by all citizens of this community. It is not the intention of this chapter to deprive juveniles of the ability to exercise valid rights secured to them under the Constitution of the United States or the State of New York. The function of this chapter is, instead, to protect juveniles and to balance the right of all citizens of the Village of Silver Creek so that all may enjoy the rights and privileges of citizens as guaranteed to them by the Constitution and laws of this country and this state.

§90-3.  Definitions and word usage. The following terms used in this chapter are defined as follows:

GUARDIAN- A person, other than a parent, to whom legal custody of the juvenile has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile.

JUVENILE- An individual who is under the age of eighteen (18) years.

PUBLIC PLACE- Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area.

§90-4.  Establishment of curfew for juveniles. It shall be unlawful for any juvenile to be or remain on or upon any public place within the Village of Silver Creek between the following hours:

•A.     Beginning at 10:00 p.m. on Friday and Saturday nights and extending until 5:00 a.m. on the following day.

•B.     Beginning at 10:00 p.m. on all other nights and extending until 5:00 a.m. the following day.

§90-5.  Exceptions. A juvenile on the street during the hours referred to in the previous section shall not be considered in violation of this chapter under the following circumstances:

•A.     When accompanied by a parent or guardian of such juvenile

•B.     When exercising First Amendment right protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of such exercise, provided that the juvenile has in the juvenile’s possession a written communication, signed by the juvenile and countersigned by a parent or guardian of the juvenile with their home address, specifying when, where and in what manner the juvenile will be on the streets at night during hours when this chapter is otherwise applicable to said juvenile in the exercise of a First Amendment right specified in such communication.

•C.     In case of reasonable necessity for the juvenile remaining on the streets, provided that the juvenile is actually proceeding to a lawful destination without delay.

•D.     When returning home without delay after the termination of a school- or village- sponsored activity or an activity of a religious or other voluntary association, provided that the juvenile has in the juvenile’s possession a written communication, signed by the juvenile and countersigned by a parent or guardian of the juvenile with their home address and telephone number indicating the place and probable time of termination of the activity.

•E.      When the juvenile is, with parental consent, in a motor vehicle. This contemplates normal travel. It is the intention of this provision to clearly exempt bona fide interstate movements along major routs through the Village of Silver Creek and interstate travel beginning or ending in the Village of Silver Creek.

•F.      When engaged in or traveling to or from a place of employment.

•G.     When engaged in an errand involving a medical emergency.

§90-6.  Parental responsibility. Upon charging a juvenile with a violation of this chapter, notice of the same shall be given, in writing, by the Police Department to the juvenile’s parent or guardian, which notice shall be sent by certified mail, return receipt requested, and by regular mail. If at any time within thirty (30) days following the giving of notice as provided herein the juvenile to whom such notice related or applied is again charged and upon such charge is subsequently convicted of a violation of the curfew provisions of this chapter, it shall be rebuttably presumed that the juvenile committed such subsequent violation with the knowledge, allowance, permission or sufferance of the parent or guardian of such juvenile, and the parent or guardian shall thereupon be charged with a violation of this chapter.

§90-7.  Notice. Notice of the existence of this chapter and of the curfew regulations established by it shall be posted in or about such public or quasi-public places as may be determined by the Chief of Police or by the Chief of Police’s designate in order that the public may be informed of the existence of this chapter and its regulations.

§90-8.  Procedure for minors; penalties.

•A.     Juveniles between seven (7) and sixteen (16) years of age deemed neglected. All juveniles between seven (7) and sixteen (16) years violating any of the provisions of this chapter shall be deemed and hereby are declared to be neglected or delinquent and are within the provisions of Article 10 of the Family Court Act.

•B.     Local procedure for juveniles under age seven (7). Any child under the age of seven (7) years violating any of the provisions of this chapter shall be conducted by any police officer discovering such violation to the child’s home, and such policeman shall forthwith report, in writing, the name and residence of the parents of such child to the Chief of Police of the Village of Silver Creek, New York. Should it appear that such child falls within the provisions of Article 10 of the Family Court Act, such child shall be dealt with as provided in that law.

•C.     Juveniles over sixteen (16) years of age; penalty. Any juveniles over the age of sixteen (16) years convicted of violating any provision of this chapter shall be deemed to be guilty of an offense and shall be subject to a fine of not less than twenty-five dollars ($25.) nor more than two hundred fifty dollars ($250.) or imprisonment for not more than fifteen (15) days or both.

•D.     Juveniles under the age of sixteen (16); court procedure. Any juvenile under the age of sixteen (16) years convicted of violating any provisions of this chapter shall come with the provisions of Article 10 of the Family Court Act.

§90-9.  Penalties for offenses. Any parent who shall violate any provision of this chapter shall be punished by a fine not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) or by imprisonment for not more than fifteen (15) days, or both such fine and imprisonment.

 


Chapter 111 Flood Damage Prevention

 

§111-1.            Findings.

§111-2.            Purpose.

§111-3.            Objectives.

§111-4.            Definitions and word usage.

§111-5.            Applicability.

§111-6.            Basis for establishing areas of special flood hazard.

§111-7.            Interpretation; conflict with other provisions.

§111-8.            Penalties for offenses.

§111-9.            Warning and disclaimer of liability.

§111-10.          Designation of local administrator.

§111-11.          Development permit.

§111-12.          Duties of local administrator.

§111-13.          General standards for flood-hazard reduction.

§111-14.          Specific standards for flood-hazard reduction.

§111-15.          Floodways.

§111-16.          Appeals board.

§111-17.          Conditions for variances

§111-18.          Forms.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 2-1-1988 as L.L. No. 1-1988. Amendments noted where applicable.]

General references Building construction and fire prevention- See Ch. 63. Buildings, unsafe- See Ch. 71. Coastal erosion- See Ch. 82. Sewers- See Ch. 159. Streets and sidewalks- See Ch. 180. Water- See Ch. 210. Zoning- See Ch. 215.

§111-1. Findings.   The Board of Trustees of the Village of Silver Creek finds that the potential and/o r actual damages from flooding and erosion may be a problem to the residents of the Village of Silver Creek and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted.

§111-2. Purpose.   It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

•A.     Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.

•B.     Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction.

•C.     Control the alteration of natural floodplains, stream channels and natural protective barriers, which are involved in the accommodation of floodwaters.

•D.     Control filling, grading, dredging and other development, which may increase erosion or flood damages.

•E.      Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

•F.      Qualify and maintain for participation in the National Flood Insurance Program.

§111-3. Objectives.   The objectives of this chapter are to:

•A.     Protect human life and health.

•B.     Minimize the expenditure of public money for costly flood control projects.

•C.     Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

•D.     Minimize prolonged business interruptions.

•E.      Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard.

•F.      Help maintain a stable tax base by providing for the sound use and development of areas of special hazard so as to minimize future flood-blight areas.

•G.     Provide that developers are notified that property is in an area of special flood hazard.

•H.     Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

§111-4.  Definitions and word usage.

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

•B.     As used in this chapter, the following terms shall have the meaning indicated:   APPEAL- A request for a review of the local administrator’s interpretation of any provision of this chapter or a request for a variance.   AREA OF SHALLOW FLOODING- A designated AO or VO Zone on a community’s Flood Insurance Rate Map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.   AREA OF SPECIAL FLOOD HAZARD- The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-99, V, VO, VE, or V1-30. It is also commonly referred to as the “base floodplain” or “one-hundred-year floodplain.”   BASE FLOOD- The flood having a one-percent chance of being equaled or exceeded in any given year.   BASEMENT- That portion of a building having its floor subgrade (below ground level) on all sides.   BREAKAWAY WALL- A wall that is not part of the structural support of the building and is intended through its design and construction to collapse specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.   BUILDING- Any structure built for support, shelter or enclosure for occupancy or storage.   CELLAR- See “basement.”   COSTAL HIGH-HAZARD AREA- The area subject to high-velocity waters including but not limited to hurricane wave wash. The area is designated on a FIRM as Zone V1-30, VE, VO, or V.      DEVELOPMENT- Any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within the area of special flooding hazard.   ELEVATED BUILDING- A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers) or shear walls.   FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)- An official map of the community published by the Federal Emergency Management Agency as part of a riverine Community’s Flood Insurance Study. The “FBFM” delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.   FLOOD or FLOODING- A general and temporary condition of the partial or complete inundation of normally dry land areas from: •(1)   The overflow of inland or tidal waters; or •(2)   The unusual and rapid accumulation or runoff of surface waters from any source.   FLOOD HAZARD BOUNDARY MAP (FHBM)- An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined but no water surface elevation is provided.   FLOOD INSURANCE RATE MAP (FIRM)- An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and risk premium zones applicable to the community.   FLOOD INSURANCE STUDY- The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary and Floodway Map and the water surface elevations of the base flood.   FLOODPROOFING- Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.   FLOODWAY- See “regulatory floodway.”   FLOOR- The top surface of an enclosed area in a building (including basement), i.e., the top of a slab in concrete slab construction or the top of wood flooring in wood frame construction.   FUNCTIONALLY DEPENDENT USE- A use which cannot perform its intended purposes unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair. The term does not include long-term storage, manufacture, sales or service facilities. HIGHEST ADJACENT GRADE- The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. LOWEST FLOOR- The lowest level, including basement or cellar, of the lowest enclosed area. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement is not considered a building’s “lowest floor,” provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. MANUFACTURED HOME- A structure, transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures placed on a site for one hundred eighty (180) consecutive days or longer and intended to be improved property. MEAN SEA LEVEL- For purposes of the National Flood Insurance Program, 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- See “manufactured home.” NATIONAL GEODETIC VERTICAL DATUM (NGVD)- As corrected in 1929 is a vertical control as a reference for establishing varying elevations within the floodplain.   NEW CONSTRUCTION- Structures for which the start of construction commenced or after the effective date of this chapter.   ONE-HUNDRED-YEAR FLOOD- See “base flood.”   PRINCIPALLY ABOVE GROUND- At least fifty-one percent (51%) of the actual cash value of the structure, excluding land value, is above ground.   REGULATORY FLOODWAY- The channel of a river or other watercourse and the adjacent land that mast 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 Federal Insurance Study or other agencies as provided in §111-12B of this chapter.        SAND DUNES- Naturally occurring accumulations of sand in ridges or landward of the beach.   START OF CONSTRUCTION- The initiation, excluding planning design, of any phase of a project or physical alteration of the property, and shall include land preparation, such as clearing, grading, and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers and building materials. For manufactured homes, the “actual start” mean affixing of the manufactured home to its permanent site.   STRUCTURE- A walled or roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground.   SUBSTANTIAL IMPROVEMENT- Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:   •(1)   Any project for improvement of the structure to comply with existing state or local building, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or •(2)   Any alteration of a structure or contributing structure listed on the National Register of Historic Places or a State Inventory of Historic Places.   VARIANCE- A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter.

§111-5. Applicability.   This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Village of Silver Creek.

§111-6. Basis for establishing areas of special flood hazard.   The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled “Flood Insurance Study for the Village of Silver Creek, Chautauqua County, New York,” dated February 1, 1983, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, is hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and maps are on file at the Village Clerk’s Officer, 172 Central Avenue, Silver Creek, New York 14136.

§111-7. Interpretation; conflict with other provisions.

•A.     This chapter is in response to revisions to the National Flood Insurance Program effective October 1, 1986, and shall supersede all previous laws adopted for the purpose of establishing and maintaining eligibility for flood insurance.

•B.     In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of public health, safety and welfare. Whenever the requirements of this chapter are at variance with requirements of any other lawfully adopted rules or regulations the most restrictive or that imposing the higher standards shall govern.

§111-8. Penalties for offenses.[1]   No structure shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) or imprisoned for not more than fifteen (15) days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Village of Silver Creek from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under §§111-16 and 111-17 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.

§111-9. Warning and disclaimer of liability.   The degree of flood protection by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.   Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Village of Silver Creek, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

§111-10. Designation of local administrator. The Code Enforcement Officer is hereby appointed local administrator to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

§111-11. Development permit.[2]   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 §111-6. Application for a development permit shall be made on forms furnished by the local administrator[3] 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, with an accompanying fee as shall be set forth from time to time by resolution of the Board of Trustees.[4]

•A.     Application stage. The following information is required where applicable: •(1)   The elevation, in relation to mean sea level, of the proposed lowest floor (including basement or cellar) of all structures. •(2)   The elevation, in relation to mean sea level, to which any nonresidential structure will be floodproofed. •(3)   When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in §111-13C(1). •(4)   A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in §111-14B. •(5)   A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

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

§111-12. Duties of local administrator. Duties of the local administrator shall include, but not be limited to:

•A.     Permit application review. The local administrator shall: •(1)   Review all development permit applications to determine that the requirements of this chapter 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 affects the area of special flood hazard. For the purposes of this chapter, “adversely affects” means physical damage to adjacent properties. An engineering study may be required of the applicant for this purpose. •(a)    If there is no adverse effect, then the permit shall be granted consistent with the provisions of this chapter. •(b)   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 §111-13E, Encroachments.

•B.     Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with §111-6, Basis for establishing areas of special flood hazard, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to §111-13D(4), in order to administer §111-14, Specific standards for flood-hazard reductions, and §111-15, Floodways.

•C.     Information to be obtained and maintained. The local administrator shall: •(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 floodproofed structures: •(a)    Obtain and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed: and •(b)   Maintain the floodproofing certifications required in §111-13 and §111-14.    •(3)   Maintain for public inspection all records pertaining to the provisions of this chapter, including variances when granted and certificates of compliance.

•D.     Alteration of watercourses. The local administrator shall: •(1)   Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Federal Emergency Management Agency, Region II, 26 Federal Plaza, New York, New York 10278. •(2)   Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

•E.      Interpretation of FIRM boundaries. •(1)   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. •(2)   The base elevation data established pursuant to §111-6 and/or Subsection B above, when available, shall be used to accurately delineate the areas of special flood hazard. •(3)   The local administrator shall use flood information from any other authoritative source, including historical data, to establish the limits of the areas of special flood hazard when base flood elevations are not available.

•F.      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 §111-8 of this chapter. •(2)   All floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in §111-8 of this chapter.

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

•H.     Certification of compliance. •(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 the chapter.  •(2)   All other development occurring within the designated flood-hazard area will have upon completion a certificate of compliance issued by the local administrator. •(3)   All certifications shall be based upon the inspections conducted subject to Subsection G and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis with may have bee required as a condition of the approved permit.

§111-13. General Standards for flood-hazard reduction. In all areas of special flood hazard, the following standards are required:

•A.     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. Manufactured homes shall be elevated to or above the base flood elevation or two (2) feet above the highest adjacent grade when no base flood elevation has been determined. Methods of anchoring may include but are not to be limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

•B.     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.

•C.     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 floodwaters into the system. •(3)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. •(4)   On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

•D.     Subdivision proposals. •(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 parks and subdivisions) greater than either fifty (50) lots or five (5) acres.

•E.      Encroachments. •(1)   All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood- carrying capacity of the areas of special flood hazard set forth in §111-12A(3). 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 §111-12B and no floodway has been determined, the cumulative effects of any proposed development, when combined with another existing and anticipated development, shall not increase the water surface elevation of the base flood more than one (1) foot at any point. •(3)   In all areas of special flood hazard where floodway data is provided or available pursuant to §111-12B, the requirements of §111-15, Floodways, shall apply.

§111-14.  Specific standards for flood-hazard reduction.   In all areas of special flood hazard where base flood elevation data has been provided as set forth in §111-16, Basis for establishing areas of special flood hazard, and §111-12B, Use of other base flood and floodway data, the following standards are required:

•A.     Residential construction. New construction and substantial improvements of any resident structure shall: •(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 licensed professional engineer or architect or meet or exceed the following minimum criteria: •(a)    A minimum of two (2) openings having a total net area not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be required. •(b)    The bottom of all openings shall be no higher than one (1) foot above the lowest adjacent finished grade.    •(c)    Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

•B.     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 so that the structure is water tight below the base level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.   •(1)   If the structure is to be elevated, fully enclosed areas below the base flood elevation shall be designed to automatically (without human intervention) allow for the entry or exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria: •(a)    A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be required. •(b)   The bottom of all such openings shall be no higher than one (1) foot above the lowest adjacent finished grade. •(c)    Openings may be equipped with louvers, valves, screens or other devices, provided that they permit the automatic entry and exit of floodwaters. •(2)   If the structure is to be floodproofed: •(a)    A licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight with walls substantially impermeable to the passage of water, with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. •(b)   A licensed professional engineer or licensed land surveyor shall certify the specific elevation (in relation to mean sea level) to which the structure is floodproofed. •(c)    The local administrator shall maintain on record a copy of all such certificates noted in this section.

•C.     Construction standards for areas of special flood hazard without base elevations. •(1)   New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the base flood elevation as may be determined in §111-12B or two (2) feet above the highest adjacent grade where no elevation data is available. •(2)   New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor (including basement) elevated at least two (2) feet above the highest adjacent grade next to the proposed foundation of the structure. •(3)   Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically (without human intervention) Allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria: •(a)    A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding be provided. •(b)   The bottom of all such openings shall be no higher than one (1) foot above the lowest adjacent finished grade. •(c)    Openings may be equipped with louvers, valves, screens or other coverings or openings, provided that they permit the automatic entry and exit of floodwaters.

§111-15.  Floodways   Located within areas of special flood hazard are areas designed as floodways (see §111-4, Definitions and word usage). The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by §111-12B and §111-6, all encroachments, including fill, new construction, substantial improvements and other development, are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

§111-16.  Appeals Board.

•A.     The Village of Silver Creek Zoning Board of Appeals as established by the Village of Silver Creek shall hear and decide appeals and requests for variances from the requirements of this chapter.

•B.     The Village of Silver Creek Zoning Board of Appeals 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 chapter.

•C.     Those aggrieved by the decision of the Village of Silver Creek Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: •(1)   The danger that materials may be swept onto other lands to the injury of others. •(2)   The danger to life and property due to flooding or erosion damage. •(3)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. •(4)   The importance of the services provided by the proposed facility to the community. •(5)   The necessity to the facility of a waterfront location, where applicable. •(6)   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. •(7)   The compatibility of the proposed use with existing and anticipated development. •(8)   The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area. •(9)   The safety of access to the property in times of flood for ordinary and emergency vehicles. •(10)      The cost to local governments and the dangers associated with search and rescue operations during periods of flooding. •(11)           The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. •(12)           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.

•D.     Upon consideration of the factors of Subsection D and the purposes of this chapter, the Village of Silver Creek Zoning Board of Appeals may attach such conditions to the granting of variances, as it deems necessary to further the purposes of this chapter.

•E.      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.

§111-17.  Conditions for variances.

•A.     Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that items (1) through (12) in §111-16D   have been fully considered. As the lot size increases beyond one-half (1/2)  acre, the technical justification required for issuing the variance increases.

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

•C.     Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependant use, provided that: •(1)   The criteria of Sub-section A, D, E and F of this section is met. •(2)   The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.

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

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

•F.      Variances shall only be issued upon receiving written justification of: •(1)   A showing of good and sufficient cause. •(2)   A determination that failure to grant the variance would result in exceptional hardship to the applicant. •(3)   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws.

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

§111-18.  Forms.[5]   The Flood-Hazard Area Development Permit Application Form and Certificate of Compliance Form are on file in the village offices.                 [1] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [2] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [3] Editor’s Note: Said forms are on file in the village offices. [4] Editor’s Note: See Ch. A219, Fees. [5] Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.


Chapter 115 Games of Chance

 

§115-1.            Title.

§115-2.            Definitions.

§115-3.            License required; conduct.

§115-4.            Sunday games.

§115-5.            Enforcement.

§115-6.            Posting of rules.

§115-7.            When effective.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 11-21-1983 as L.L. No. 1-1984. Amendments noted where applicable.]

§115-1. Title.   This chapter shall be known as the “Games of Chance Law of the Village of Silver Creek.”

§115-2. Definitions.   As used in this chapter, the following terms shall have the meanings indicated:   AUTHORIZED ORGANIZATION- An authorized organization as defined in Subdivision 4 of 186 of the General Municipal Law. GAMES OF CHANCE- A game of chance as defined in Subdivision 3 of 186 of the General Municipal Law, but limited to merchandise wheels, beat the dealer, roulette, black jack, chuck-a-luck, over and under, big six and bell jars and raffles.[1]   VILLAGE- The Village of Silver Creek.

§115-3. License required; conduct.   Authorized organizations may, upon obtaining a license from the Clerk of the Village of Silver Creek, conduct games of chance within the Village of Silver Creek 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 the general state law and with the rules and regulations of the New York State Racing and Wagering Board and this chapter.

§115-4. Sunday Games.   Games of chance on the first day of the week commonly known as “Sunday” may be conducted pursuant to this chapter and appropriate statutes and regulations.

§115-5. Enforcement.   The chief law enforcement officer of the Village of Silver Creek shall exercise control over and supervision of all games of chance conducted under an appropriately issued license. Such officer shall have all those powers and duties set forth in Article 9-A of the General Municipal Law.

§115-6. Posting of rules.   The rules for each game shall be conspicuously posted at the site of each game.

§115-7. When effective.   This chapter shall take effect immediately upon filing with the Secretary of State’s office, following its approval at referendum by a majority of qualified voters voting thereon at a general (or special) election held pursuant to the provisions of §24 of the Municipal Home Rule Law.[2]   [1] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [2] Editor’s Note: This legislation was approved at referendum on 3-20-1984.


Chapter 118 Garage Sales

 

§ 118-1.           Title.

§ 118-2.           Definitions.

§ 118-3.           License required.

§ 118-4.           License Fee; term.

§ 118-5.           Application.

§ 118-6.           Granting of license; refusal; appeal.

§ 118-7.           Restrictions on use.

§ 118-8.           Recordkeeping.

§ 118-9.           Display.

§ 118-10.         Suspension and revocation of license.

§ 118-11.         Signs

§ 118-12.         Ownership of merchandise.

§ 118-13.         Consigned merchandise.

§ 118-14.         Penalties for offense.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 2-7-1983 as Ch. 15 of the 1983 Code. Amendments noted where applicable.]

GENERAL REFERENCES Peddling and soliciting- See Ch. 145. Zoning- See Ch. 215.

§ 118-1. Title. This chapter shall be known and may be cited as the “Garage and Outdoor Sales Law of the Village of Silver Creek, New York.”

§ 118-2. Definitions. As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated: CLOSE RELATIVE- The mother, father, child, aunt, uncle or first cousin of the licensee. GARAGE SALE, PORCH SALE OR YARD SALE- The sale on residential premises of personal property, including but not limited to furniture, appliances, furnishings, clothing, bric-a-brac, antiques, toys, tools and similar items used about a household or by a person, other than by auction or the sale of the entire contents of a household.  NEIGHBOR- Any person residing within one thousand (1,000) feet of the place of the sale. OUTDOOR SALE- Any sale of personal property or equipment or inventory taking place outside of a permanent structure in a business and industrial district, such as on a lawn, sidewalk, driveway, under a tent or in a temporary structure, or the placement of items with signs on them. The term “outdoor sale” shall not refer to the sale of items outside an established business that constitute less than 10% of the business inventory, where 90% of the inventory remains for sale inside the business concurrently with the outdoor portion of the sale and the business is fully operating and open for business.

§ 118-3. License required. No person shall conduct a garage sale, porch sale, yard sale, outdoor sale or other similar-type sale in any residential district[1]or business and industrial district of the village without first obtaining a license therefrom from the licensing officer.

§ 118-4. License fee; term.

•A.     License fee. The license fee shall be as may be set forth from time to time by resolution of the Board of Trustees.[2]

•B.     Term. A garage sale license shall be valid for no more than two (2) consecutive days and shall not be issued to any one (1) person or residence for more than three (3) times in any one (1) calendar year.

•C.     An outdoor sale shall be valid for no more than three (3) consecutive days and shall not be issued to any one (1) person or business for more than three (3) times in any one (1) calendar year.

§ 118-5. Application. Any person desiring to procure a license as herein provided shall file with the Village Clerk a written application upon a form furnished by the Village Clerk. Such application shall be under oath and provide the following information:

•A.     The name, address and age of the applicant.

•B.     The address where the garage sale or outdoor sale is to take place.

•C.     The dates on which the garage sale or outdoor sale is to be conducted.

•D.     The last date on which a garage sale or outdoor sale was conducted on the premises.

•E.      Such other information as may be required by the licensing officer to determine the veracity or to clarify any of the prior statements required in this section.

§ 118-6. Granting of license; refusal; appeal. Upon filing of the application as provided in §118-5, the licensing officer shall issue to the applicant a license as provided in §118-3 hereof. A license may be refused if the applicant shall have been convicted of a misdemeanor or felony, which, in the judgment of the licensing officer, renders the applicant unfit or undesirable to carry on or conduct a garage sale or outdoor sale. The licensing officer may also refuse a license to any person who, in the licensing officer’s judgment, shall be an undesirable person or incapable of properly conducting such a garage sale or outdoor sale. Any applicant who has been refused a license by the licensing officer may apply to the Board of Trustees therefore, and the same may be granted or refused by the Board of Trustees after a public hearing at which the applicant shall be given the opportunity to be heard and to be represented by counsel.

§ 118-7. Restrictions on use. A license shall not be assignable. Any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person shall be guilty of a violation of this chapter.

§ 118-8. Recordkeeping. A copy of all licenses shall be filed in the Village Clerk’s office and shall state clearly the kind of goods, wares or merchandise to be sold or service to be rendered, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee.

§ 118-9. Display. Every license shall be displayed prominently at the place of sale during the conduct of such garage sale or outdoor sale.

§ 118-10. Suspension and revocation of license. Any license may be suspended by any police officer where there is reasonable grounds to believe that a violation of law or of this Code has taken place or is about to take place in the conduct of the sale until a hearing can be held before the Board of Trustees. A license may be revoked after a public hearing at which the applicant shall be given the opportunity to be heard and to be represented by counsel.

§ 118-11. Signs.[3]      Garage sale signs shall be regulated as set forth in Chapter 164, Signs and Billboards.

§ 118-12. Ownership of merchandise. Merchandise offered for sale may be only merchandise that the licensee or a member of the licensee’s household has owned for a period of not less than six (6) months. However, merchandise owned by a neighbor or close relative may also be offered for sale if owned by such person for the same period of time. Any merchandise offered for sale not owned by the licensee shall be tagged with the owner’s name and address.

§ 118-13. Consigned merchandise. Other than as provided in §118-12 herein, no merchandise may be sold on consignment.

§ 118-14. Penalties for offense. A violation of any provision of this chapter is hereby declared to be a violation of the Penal Law and shall be punishable by a fine not to exceed two hundred fifty dollars ($250.) or imprisonment of not more than fifteen (15) days, or both.   [1] Editor’s Note: See Ch. 215, Zoning. [2] Editor’s Note: See Ch. A219, Fees. [3] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.


Chapter 121 Gutter Law

 

§121-1.            Title.

§121-2.            Protection of Property.

§121-3.            Penalties for Offenses.

§121-4.            Effective Date.    

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 6-4-2012. Amendments noted where applicable.]  

§121-1.  Title. This Local Law shall be entitled “Gutter Law of the Village of Silver Creek. 

§121-2.Protection of Property. It shall be unlawful to discharge drainage onto the property of another. Every property owner shall be responsible to ensure that water from their property does not affect the property of another.

 §121-3.Penalties for Offenses. Violations of this section shall be punishable by any of the following, or combination thereof:

•a)      Imprisonment for not more than thirty (30) days;

•b)      A fine of not more than One Thousand Dollars ($1000.00)

Each day that a violation continues after due notice has been served shall be deemed a separate offense and shall be considered a continuing violation until the violation is corrected and shall be punishable by any of the above remedies, or combination thereof, for each day that the property remains in violation.

§121-4.Effective Date. This Local Law shall take effect immediately.

 


Chapter 127 Insurance

 

ARTICLE I

Fire Insurance Proceeds

§127-1.            Lien on insurance proceeds.

§127-2.            Release or return of proceeds.

§127-3.            Construal of provisions.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek: Art. I, 2-7-1983 as Ch. 88 of the 1983 Code. Amendments noted where applicable.]

ARTICLE I

Fire Insurance Proceeds

[Adopted 2-7-1983 as Ch. 88 of the 1983 Code]

§127-1. Lien on insurance proceeds.

•A.     Resolution to establish. Pursuant to §22 of the General Municipal Law, the Board of Trustees may adopt a resolution authorizing the Village Treasurer to cause a notice of intention to claim against the proceeds of a policy of fire insurance insuring the interest of the owner and issued on real property located in the village to the extent of any lien for an unpaid tax, special ad valorem levy, special assessment or other charge imposed upon real property as provided in said section.

•B.     Filing of notice of intention. Upon the adoption of such resolution, the Village Treasurer shall cause a notice of intention to claim against proceeds to be served upon the State Superintendent of Insurance for entry in the index of tax districts maintained by the State Superintendent of Insurance as provided in §331 of the Insurance Law.[1]

•C.     Rendering certificate to insurer. Thereafter, the Village Treasurer shall render to any insurer the certificate required and in the manner prescribed by such section and the amounts stated in such certificate shall be a lien on the proceeds of the insurance policy until paid.

§127-2. Release or return of proceeds. Fire insurance proceeds subject to the lien of the village upon premises damaged by fire when such premises are encumbered by unpaid taxes or assessments as provided in §22 of the General Municipal Law may be released to the insured, provided that such insured agrees, in a manner directed by the Board of Trustees of the Village of Silver Creek, to restore the affected premises to the same or improved condition that it was in prior to the time the right to such lien arose, subject to such conditions as the resolution establishing the lien shall provide to guarantee performance of such obligation.

§127-3. Construal of provisions. The provisions of this chapter shall not be deemed or construed to alter or impair the right of the village to acquire or enforce any lien against real property but shall be in addition to any other power provided by law to acquire or enforce such right.   [1] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.


Chapter 135 Littering

 

§135-1.            Prohibited acts.

§135-2.            Depositing snow or other debris in streets prohibited.

§135-3.            Littering by trucks or other vehicles prohibited.

§135-4.            Handbills and advertising material.

§135-5.            Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 2-7-1983 as Ch. 65, Art. II, and 44.5 of the 1983 Code. Amendments noted where applicable.]

GENERAL REFERENCES Peddling and soliciting-See Ch. 145. Signs and billboards-See Ch. 164. Streets and sidewalks-See Ch. 180. Trees and shrubs-See Ch. 190.

§135-1. Prohibited acts.   No person shall sweep, throw, cast, drop, put or place or, having accidentally dropped, failed to pick up any bag, bottle, bottle cap, box, container, garbage, paper, piece of paper, wrapper or any other trash or litter in or upon any public street, place, park or building, except in receptacles provided for such purposes, or to permit any person under said person’s control or employ to do the same.

§135-2. Depositing snow or other debris in streets prohibited.

•A.     No person shall sweep, throw or deposit or cause to be swept, thrown or deposited any ashes, dirt, stone, brick, leaves, grass, weeds or any other debris or rubbish of any kind or any water or liquid of any kind except for purposes set forth in §1220 of the Vehicle and Traffic Law.[1]

•B.     No person shall throw, put, push or place or cause to be thrown, put, pushed or placed any snow or ice into any public highway, street, public place or thoroughfare in the village.

•C.     This section shall not apply to water or liquids running into streets as a result of fire fighting or flushing of fire hydrants by authorized personnel or the use in a reasonable manner of ashes, salt or other material for the purpose of reducing the hazard of or providing traction on snow, ice or sleet.

§135-3. Littering by trucks or other vehicles prohibited.   No truck or other motor vehicle or trailer or other motor conveyance shall be operated or loaded in such manner that any part or portion of its load, whether sand, gravel, stone, dirt, rubbish, paper, boxes, trash or other material, shall be dropped, blown or caused to fall or dropped upon any public street, highway, public place or thoroughfare in the village.

§135-4. Handbills and advertising material.   It shall not be lawful for any person to throw, deposit, scatter, leave or distribute or cause to be thrown, deposited, scattered, left or distributed and handbills, show bills, play bills, advertising bill, paper or other material which is liable to be blown or carried about by the wind on or in any of the streets, lanes or alleys in the Village of Silver Creek nor in any place where the same is liable to be blown or carried by the wind on or into any of said streets, lanes or alleys.[2]

$135-5. Penalties for offenses.[3]   Violations of this chapter shall, upon conviction thereof, be punishable by a fine of not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) or imprisonment for not more than fifteen (15) days, or both such fine and imprisonment.   [1] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [2] Editor’s Note: See also Ch. 164, Signs and Billboards. [3] Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.


Chapter 140 Mobile Homes

 

§140-1.            Title.

§140-2.            Purpose.

§140-3.            Scope.

§140-4.            Interpretation.

§140-5.            Compliance with state building standards.

§140-6.            Definitions.

§140-7.            Permit required; application and issuance; fees.

§140-8.            Layout and design of mobile home parks.

§140-9.            Required improvements and utilities.

§140-10.          Mobile home court property maintenance standards.

§140-11.          Responsibilities of park occupants.

§140-12.          Fire protection and control.

§140-13.          Register of occupants.

§140-14.          Interpretation of permitted uses.

§140-15.          Penalties for offenses.  

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 3-3-1998 by L.L. No. 1-1998. Amendments noted where applicable.]  

GENERAL REFERENCES Animals-SeeCh. 50. Brush, grass and weeds-See Ch.60. Building construction and fire prevention-See Ch. 63. Property maintenance-See Ch. 149. Sewers-SeeCh. 159. Water-SeeCh. 210. Zoning-SeeCh. 215. Fees-SeeCh. A219.  

§140-1. Title.  This chapter shall be known and may be cited as the “Housing Standards for Mobile Housing Premises Local Law of the Village of Silver Creek.”

§140-2. Purpose. This chapter provides basic and uniform standards, in terms of performance objectives implemented by specific requirements, governing the facilities and the condition, use, occupancy and maintenance of mobile housing premises, to safeguard the safety, health and welfare of the occupants and users thereof.

 §140-3. Scope.   This chapter shall apply to existing and to future mobile housing premises, as follows:  

•A.     Mobile homes and recreational vehicles located within mobile home parks and recreational vehicle parks.

•B.     Where mobile housing premises provide space for both mobile homes and recreational vehicles, the separate portions allotted to each shall be governed by the requirements for the specific use of the respective areas.

  §140-4. Interpretation.  The provisions of this chapter shall supplement state and local laws, ordinances, codes or regulations. Where a provision of this chapter is found to be in conflict with a provision of a state or local law, ordinance, code or regulation, the more restrictive provision shall prevail when legally permissible.

§140-5. Compliance with state building standards. Installations, alterations and repairs to mobile housing premises which are required to correct violations of the provisions of this chapter and materials, assemblies and equipment utilized in connection therewith shall be safe to persons and property. Conformity of such work, materials, assemblies or equipment with applicable requirements of the New York State Uniform Fire Prevention and Building Construction Code and generally accepted standards shall satisfy this requirement.

§140-6. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY STRUCTURE- A structure, the use of which is incidental to use of the mobile home, and which is attached thereto or located on the same portable, demountable or permanent enclosures, shade structures and carports.

APPROVED- Written approval by the Code Enforcement Officer under the terms of this chapter or written approval by an authority designated by law or this chapter.

COMMUNITY AREA- An area or space within a mobile home court, including fences, walls or other minor structures, which is designated for joint use of occupants.

COMMUNITY STRUCTURE- A structure within a mobile home court providing laundry, toilet, recreation, parking or other common facilities, including management offices and storage buildings.

HABITABLE SPACE- Space used for living, sleeping, eating or cooking purposes, including bathrooms, toilet rooms, storage space and enclosures for equipment installations.

MECHANICAL SYSTEMS AND EQUIPMENT- Mobile home electrical, plumbing, heating, ventilating and air conditioning systems and equipment used for living purposes, including cooking and refrigeration equipment.

MOBILE HOME- A moveable living unit equipped with a chassis primarily designed for, and which is used as, the permanent living abode or habitation of one or more persons at the time in question and without regard as to whether or not such vehicle may be presently equipped to travel.

MOBILE HOME DISTRICT- That area designated in Chapter 215, Zoning, in which mobile home court may be located.

MOBILE HOME LOT- A designated site within a mobile home court for the exclusive use of the occupants of a single mobile home.

MOBILE HOME PARK or MOBILE HOME COURT- A parcel of land planned and improved for the placement of two or more mobile homes for continuous occupancy.

OWN- Holding title to real property in fee simple and in respect to mobile homes and trailers, possession pursuant to the terms of an installment sales contract or any greater property interest in the same.

PERSON- Any natural individual, firm, trust, partnership, association or corporation.

§140-7. Permit required; application and insurance; fees.

•A.     It shall be unlawful for any person to construct, alter or extend any mobile home court unless he or she holds a valid permit issued by the Code Enforcement Officer in the name of the person for which the specific construction, alteration or extension is proposed

•B.     All applications for permits shall be accompanied by a fee in the amount set by resolution of the Board of Trustees and shall be made to the Code Enforcement Officer and shall contain the following:

•(1)   The name and address of the applicant.

•(2)   Interest of the applicant in the mobile home court.

•(3)   Location and legal description of the mobile home court, including a map showing the physical characteristics of the property, including topography, vegetation and wetlands.

•(4)   Complete plans and specifications (three sets) of the proposed court showing:

•(a)    The area and dimensions of tract of land.

•(b)   The number, location and size of all mobile home lots.

•(c)    The location of service buildings and any other proposed structures.

•(d)   The location and width of roadways and walkways.

•(e)    The location of water and sewer lines and riser pipes.

•(f)     Plans and specifications of all buildings constructed within the mobile home court.

•(g)    Plans and specifications of the water supply, refuse disposal and sewage disposal facilities.

•(h)    The location and details of lighting and electrical systems.

•(i)      The phasing of the development, if any.

•(j)     Such other information as may be required by the Planning Board.

•C.     The Planning Board shall approve with modifications or disapprove such application and shall report its reasoned decision to the Code Enforcement Officer. If upon review of the application, the Planning Board and the Code Enforcement Officer are satisfied that the proposed plan meets the requirements of this chapter and other applicable provisions of the Code of the Village of Silver Creek, a permit shall be issued. This permit, when issued, shall be a permit to operate said court for the first year, once the Code Enforcement Officer has certified the court for occupancy

•D.     It shall be unlawful for any person to operate any mobile home court within the limits of the Village of Silver Creek unless he or she holds a valid permit issued annually by the Code Enforcement Officer in the name of such person for the specific mobile home court.

•E.      Every person holding a permit shall give notice in writing to the Code Enforcement Officer within 24 hours after having sold, transferred, given away, or otherwise disposed of interest in, or control of, any mobile home court. Such notice shall include the name and address of the person succeeding to the ownership or control of, any mobile home court. Upon application in writing for transfer of the permit and deposit of a fee in the amount set by resolution of the Board of Trustees, the permit shall be transferred if the mobile home court is in compliance with all applicable provisions of this chapter.

•F.      Applications for renewals of permit shall be made in writing by the holders of the permit, shall be accompanied by a renewal fee in the amount set by resolution of the Board of Trustees and shall contain any change in the information submitted since the original permit was issued or the latest renewal was granted.

•G.     Mobile homes are only allowed to be installed in a licensed mobile home court.

§140-8. Layout and design of mobile home parks.

•A.     Minimum requirements. A mobile home park cannot be established or created except upon a tract of land used or intended to be used for the parking of at least 20 mobile homes together with the necessary improvements and facilities upon the land. No lot or berth shall be rented or leased for residential use of a mobile home in any such park except for periods of 30 days or more, and no mobile home shall be admitted to any park unless it can be demonstrated that it meets the requirements of the applicable laws and regulations and the state code for construction and installation of mobile homes.

•B.     Double access. All mobile home parks containing 20 or more mobile home lots shall have access from two points along a single public street or highway, or if bordering on two streets, access can be one for each street, such access points being separated at least 100 feet apart. Vehicular access to a town, county or state highway shall be approved by the respective officials involved.

•C.     Landscaped green belt. A mobile home park shall be surrounded by a landscape green belt of at least 50 feet from each property line. The required green belt shall not be included in the yard requirements for the individual mobile home lot or berth.

•D.     Other principal structures. Private conventional residences and community structures serving the mobile home court may be located within the mobile home court. If located with frontage near the public highway, such structures shall not be located within the green belt. The lot size for such use shall be adequate for the size structure proposed, and shall not be less than required by Chapter 215, Zoning for that purpose.

•E.      Soil and ground cover requirements. Exposed ground surfaces in all parts of every mobile home park shall be paved, or covered with stone screenings, or other solid material, or protected with vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

•F.      Block lengths. The layout of interior roadways or driveways shall be such that no block is longer than 500 feet; provided, however, that this may be extended to 750 feet if an interior walkway is provided for pedestrian access across the center of the block.

•G.     Interior drives. Interior drives shall be designed so as to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way. All access ways to any public street or highway shall be located at least 200 feet from the intersection of any street lines and shall be designed with 200 feet of clear visibility and shall be maintained in a manner conductive to safe ingress and egress.

•H.     Roadway width. All mobile home lots or berths shall abut upon a road with a right-of-way of 50 feet having a paved all-weather roadway of not less than 36 feet in width for a two-way street or not less than 24 feet in width for a one-way street.

•I.        Street grades. The maximum street grade shall be 7%. Entrance gradients shall be less than 3% for a distance of 75 feet from the edge of the right-of-way of the highway.

•J.       Minimum radius of street curves. The minimum radius of curvature for any street shall be 100 feet.

•K.    Street alignment. Streets shall be laid out so as to intersect as nearly as possible at right angles, and in no case shall any angle or intersection be less than 75 degrees.

•L.      Streets and parking areas. Street or driveway pavement shall be located in the center of the right-of-way. If provision is made within the street, such parking area may be off the pavement and the clear zone (street width) shall be increased proportionately to provide therefore. If parking provision is made in a parking area for three or more vehicles in nodes throughout the court, such areas shall be located off the pavement considered to be the street or driveway and in such a manner as not to encroach upon the area considered to be the mobile home lot. Provision shall be made for the parking of a minimum of three motor vehicles for each two mobile home lots.

•M.   Auxiliary parking. Central auxiliary parking area shall be provided at a ration of 200 square feet per mobile home lot in a location which is not contiguous with the lot serviced, such area being screened from lots and public highways by a coniferous hedge or other effective vegetation. Auxiliary parking areas are to be provided for parking trucks, maintenance equipment, boat trailers, utility trailers and recreational vehicles.

•N.    Lot area and bulk requirements. The minimum lot area shall be 5,000 square feet, the minimum lot width shall be 50 feet, the maximum lot coverage shall be 35%, the minimum front yard dimension shall be 25 feet, the minimum side yard dimension shall be 10 feet each, the minimum rear yard dimension shall be 25 feet and the maximum building height for structures shall be two stories.

•O.    Corner lots. Corner lots in a mobile home courts shall be 1 1/2 times the width and area of regular lots. If a street makes a turn of 90 degrees, the lot on the inside shall be considered a corner lot and the lots on the outside shall be considered radial lots, wherein the width shall be measured at the distance of 10 feet from the street line

•P.      Double-frontage lots. Double-frontage shall be avoided. If there is a situation where only one mobile home can be located between streets, then a buffer strip of at least 10 feet shall be created and suitably planted.

•Q.    Walkways. Concrete or macadam walkways, a minimum of three feet in width, shall be laid out so as to connect all patios with the street and connect service buildings, drying yards and storage lockers with the streets. Walkways shall connect access to the recreation areas if such areas are not located adjacent to a street. Additional walkways can also be placed along the rear of each lot.

•R.     Recreation space. Recreation space shall be provided in a central location and at a ratio of 500 square feet per lot. Such space shall be enclosed with shrubs or evergreen hedges placed no father than 10 feet apart.

•S.      Public telephone. If public telephones are provided within a mobile home court, they shall be located directly adjacent to service buildings.

•T.      Trees. All existing trees in mobile home courts shall be preserved insofar as possible in the design of the court. New trees shall be added to each lot, buffer strip or green belt as necessary. Each lot shall have a minimum of one tree capable of growing to a minimum height of 35 feet, and having a minimum spread of 25 feet.

•U.     Mailboxes. Mailboxes shall be located at a location suitable to the local post office, but shall not be placed in any location where they constitute a safety hazard to pedestrians or vehicles.

§140-9. Required improvements and utilities.

•A.     Water supply system. All water shall be supplied from the Village of Silver Creek system.

•B.     Sewage disposal system. Lines shall be connected to the Village of Silver Creek sewage disposal system.

•C.     Electrical systems. The electrical system shall be designed to provide adequate capacity to supply the connected load without exceeding the allowable current carrying capacity of the conductors. Each mobile home lot shall be provided with a feeder and mobile home service equipment capable of carrying a minimum current of 100 amperes. Service in mobile home courts shall be underground to meet all applicable regulations. A mobile home service equipment of an approved weatherproof type shall be provided at each mobile home lot adjacent to the mobile home. Receptacles, if used, shall be of the polarized type with grounding conductor and shall have four prong, fifty-ampere attachment for 115-220 volts. All electrical work shall comply with the electrical code applicable to the Village of Silver Creek.

•D.     Lighting and overhead wires. Artificial lighting shall be provided to illuminate walks, driveways and parking spaces for the safe movement of pedestrians and vehicles as follows:

•(1)   Overhead street lighting standards shall be placed no farther than 100 feet apart, have a minimum clearance above the pavement of 12 feet and shall have a capacity of 100 watts.

•(2)   Alternate-side streetlighting (post lamps) shall be placed not farther than 60 feet apart, as measured along the center line of the street 120 feet on one side of the street, having a minimum height of four feet and a maximum height of seven feet and shall have a capacity of 60 watts or equivalent.

•(3)   Service buildings shall have sufficient exterior lighting fixtures so as to properly illuminate entrances and drying yards connected therewith.

•(4)   Street and service buildings shall be illuminated during all hours of darkness and according to the following schedule:

Location                                                    Dark to Dawn

                                                                     (watts)

Street overhead lights                                  100

Street side lights                                          60

Service building entrances               50

•(5)   All wires shall be located underground.

•E.      Gas piping system. All gas piping systems in mobile home courts, if installed, shall be designed to provide a supply of gas sufficient to meet the maximum demand without undue loss of pressure at the connection to the mobile home furthest from the source of supply.

•F.      Refuse disposal. Each mobile home shall have at least one twenty-gallon metal garbage can with a tight-fitting cover to be located not more than 15 feet away from any mobile home berth. The cans shall be kept in a sanitary condition at all times and screened from view of any public right-of-way or abutting property. It shall be the responsibility of the court owner to ensure that garbage and rubbish shall be collected and properly disposed of outside of the mobile home court as frequently as may be necessary to ensure that garbage cans do not overflow. Exterior property areas shall be maintained free from organic and inorganic material that might become a health, accident or fire hazard.

•G.     Community fuel storage. A mobile home court shall be provided with facilities for the safe and efficient storage of required fuels. Liquefied petroleum gas storage containers having a capacity exceeding 125 gallons shall be located not less than 25 feet from the nearest mobile home, structure, building and lot line and shall not be subject to damage from moving vehicles. Fuel oil and other flammable materials shall be stored so as not to be a fire hazard

•H.     Mobile home stand. Each mobile home court lot shall contain a mobile home stand capable of containing a mobile home in a fixed position. The mobile home stand shall be graded with an impenetrable material at least six inches in thickness. It may be surfaced with a layer of uniform-sized crushed stone or gravel to a depth of nine inches in lieu of paving. The entire area of each mobile home stand shall be so improved. The topographic change of the mobile home stand shall not exceed 1½ feet. The elevation, distance and angle of the mobile home stand in relation to the accessway shall be such as to facilitate the safe and efficient placement and removal of the mobile home. The mobile home stand shall be equipment with permanent anchor points for tie-down of the mobile home.

•I.        Storm water drainage. Mobile home courts shall have adequate facilities for drainage of surface and subsurface water. The entire mobile court shall be graded to facilitate the safe and efficient drainage of surface water and to permit no ponding areas where water will stand for lengths of time so as to constitute a health or other hazard. Drainage ditches shall be provided where necessary to provide for removal of surface drainage. Such ditches shall be provided in catch basin, drain inlets, stormwater sewers, approved combined storm and sanitary sewers, or other satisfactory drainage systems shall be utilized where deemed necessary and shall be of a size specified by the Village Engineer.

§140-10. Mobile home court property maintenance standards.

•A.     In general, mobile home courts shall be properly maintained so as to ensure the desirable residential character of the property. Specifically, the following shall apply:

•(1)   Yard maintenance. Mobile home courts shall be maintained reasonably free from holes and excavations, sharp protrusions and other objects or conditions which might be a potential cause of personal injury. Walks, steps or driveways that contain holes or tripping hazards shall be filled, repaired or replaced as the need indicates. Trees or limbs of trees that constitute a hazard shall be removed.

•(2)   Noxious weeds. Ragweed and other noxious weeds considered detrimental to health, such as poison ivy, poison oak, and poison sumac, shall be completely eliminated from all areas of the mobile home court. Open areas shall be maintained free of heavy undergrowth of any description.

•(3)   Accessory structures. All accessory buildings or structures shall be kept in good repair, free from health, fire and accident hazard. They shall be of durable construction and surfaces of all structures that are not inherently resistant to deterioration shall be periodically treated with a protective coating of paint or other suitable preservative. Placement of accessory structures shall be in accordance with Chapter 215, Zoning.

•(4)   Gravel areas. All areas surfaced with gravel shall be kept clear of all forms of vegetation.

•(5)   Infestation. All area grounds and structures shall be maintained free of insect, vermin and rodent harborage and infestation. Methods used for purposes of extermination shall conform with generally accepted practices.

•(6)   The bottom portion of a mobile home shall be skirted with a properly vented fireproof material within 10 days after animal in the park.

•(7)   No occupied travel or vacation trailer shall be permitted in a mobile home court.

•B.     The person to whom a permit for a mobile home park is issued shall operate the park in compliance with this chapter and regulations issued hereunder and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

•C.     The park management shall notify park occupants of all applicable provisions of this chapter and inform them of their duties and responsibilities under this chapter and regulations issued hereunder.

•D.     The park management shall supervise the placement of each mobile home on its mobile home stand, which includes installing all utility connections. A mobile home shall not be occupied for dwelling purposes unless it is properly placed on a mobile home stand and connected to water, sewage and electrical facilities.

§140-11. Responsibilities of park occupants.

•A.     Generally.

•(1)   Every park occupant shall comply with all applicable requirements of this chapter and regulations issued hereunder and shall maintain his or her mobile home lot, its facilities and equipment in good repair and in a clean and sanitary condition.

•(2)   Every park occupant shall be responsible for proper placement of his or her mobile home on its mobile home stand and proper installation of all utility connections in accordance with the instructions of the park management.

•(3)   No addition to a mobile home a trailer in excess of 40 square feet floor space shall be permitted unless supplied by a manufacturer of mobile homes.

•B.     Junk

•(1)   Refrigerators and similar equipment with locking mechanisms shall not be discarded, abandoned or stored on premises accessible to children without first removing the locking devices or the hinges of the doors.

•(2)   Junked vehicles, equipment and materials shall not be stored in open areas of premises. 

•C.     Domestic animals and pets. Domestic animals and pets shall be kept in an appropriate manner, so as not to constitute a hazard or nuisance, and shall be kept under control.

§140-12. Fire protection and control.

•A.     Every mobile home court shall be equipped at all times with for equipment in good working order in conformance with the fire prevention code applicable to the Village of Silver Creek.

•B.     No open fire other than cooking fires shall be permitted at any place within the court.

§140-13. Register of occupants.

•A.     It shall be the duty of each mobile home court permittee to keep a register containing a record of all mobile home owners and occupants located within the court. The register shall contain the following information:

•(1)   The name and legal address of all occupants.

•(2)   The name and address of the owner of each mobile home.

•(3)   The date of arrival and departure of each mobile home.

•(4)   Forwarding address of each occupant. 

•B.     The court owner or his or her agent shall keep the register available for inspection at all times by law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register. The register record for each occupant registered shall not be destroyed for a period of three years following the date of departure of the registrant from the area.

§140-14. Interpretation of permitted uses.

When a use is not specifically listed and explained, it shall be assumed to be a prohibited use unless it is determined in a written decision by the Board of Appeals that said use is similar to be permitted uses and not inherently a nuisance, menace or danger to the health, safety or welfare of the residents of the Village of Silver Creek.

§140-15. Penalties for offenses.

The violation of any provision of this chapter shall be punishable as provided in §1-17 of Chapter 1, General Provisions.

 


Chapter 143 Parks Law

 

  §143-1.            Title.

§143-2.            Definitions.

§143-3.            Application.

§143-4.            Park Hours.

§143-5.            Protection of Park Areas.

§143-6.            Refuse and Rubbish.

§143-7.            Regulated Users.

§143-8.            Protection of Property.

§143-9.            Supervision and Control.

§143-10.          Penalties for Offenses.

§143-11.          When effective.

 

§143-1.  Title. This Local Law shall be entitled “Parks Law of the Village of Silver Creek 

§143-2. Definitions. The term “park” or “parks” as used in this Local Law shall include those parks or playgrounds within the Village of Silver Creek commonly known as GeorgeBorrelloPark, VillagePark (Park Place), Downtown Ballpark, Babcock Street Basketball Court, Oliver Street Basketball Court, Silver Creek Boat Ramp and Barresi Field.

 §143-3.Application. Except as otherwise stated herein, the provisions of this Local Law shall apply to all parks within the Village of Silver Creek.

 §143-4.Park Hours.

•A.     All parks shall be open to the public between the hours of 5:00 AM & 9:00 PM daily from May 1-October 31 of each year. 

Winter hours will be from 5:00 AM until 5:00 PM from November 1-April 30.

•B.     It shall be unlawful to remain in or to enter into any park except as permitted by subsection A above, after 9:00 PM when the parks close, and before 5:00 A.M. when said parks open.

•C.     The exception is ParkPlacePark, the Boat Launch, and GeorgeBorrelloPark as citizens need to walk through these areas at all hours.

§143-5.  Protection of Park Areas.  

•A.     No person shall throw, cast, discard, or deposit any glass, crockery, or metallic substance in any park area.

•B.     No person shall take into, bring on, or carry through or have in his possession any glass container within any park area except glass casseroles or serving dishes for picnic use in areas designated by the Silver Creek Village Board.

•C.      No alcoholic beverages will be allowed in local parks unless provided permission by the Silver Creek Village Board in accordance with local Open Container Laws.

•D.      No person shall dig up, cut, break, remove, deface, defile or ill-use any building, stone, fence, pole or other construction or any root, branch or other part of any tree or shrub or any plant, turf, rock, Memorial Stones, gazebo, pavilion, public speakers, tennis court, bleachers, running track, park benches, foot bridge, power grid, garbage receptacles, grills, bike racks, picnic tables, playground equipment, bleachers, power grids, flag poles, flags, fencing, announcing booths, dugouts, sidewalks, concession stands, announcement boards, drinking fountains or water fountain or any other property except upon permission of the Village Board.

•E.       No person shall disturb or injure any birds, bird’s nest or bird’s eggs or any squirrel or other animal or set any trap or snare within the park reservations of the Village, except for the removal of trees or relocation of animals by representatives of the Village of Silver Creek.

•F.      No person in violation of State laws shall have possession of instruments of gambling in any park of the Village of Silver Creek or play any game of chance therein or utter obscene language or threatening or abusive language with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof (as defined in the New York state Penal code) in any such park or do any obscene or indecent thing therein or solicit the acquaintance of or follow or in any way annoy any visitor in any of the parks of the Village.

•G.      No person shall go within the shrubberies in any part of the Village or stand upon or lie down upon a bench or sit or stand upon or climb over any railing, balustrade, wall, fence, or bridge on any of the parks of the Village or smoke on any Village Park Pavilion Property.

[Amended 10-6-2009 by L.L. No. 4-2009]

§143-6.  Refuse and Rubbish.

•A.     No person shall leave in, throw, cast, lay, drop or discard into any part of a park area any garbage, sewage, refuse, wastepaper, obnoxious materials or other litter, except in receptacles provided therefore.

•B.     Rubbish receptacles shall be for park users only.

§143-7.  Regulated Users.

•A.     Commercial Enterprises. No person shall sell or offer for sale, hire, lease, hire or let out any merchandise in any park without the prior approval of the Board of Trustees of the Village of Silver Creek or its duly authorized agent.

•B.      Assemblages. No person shall erect any structure, stand on platform, or perform any ceremony in any park without the prior approval of the Village Board of Trustees. The Village Trustees hereby delegate to the Village Clerk the power to reserve the use of the VillagePark including but not limited to the Bandstand in Park Place, and Pavilion in VillageBallPark, or the Pavilion in GeorgeBorrelloPark.

•C.     Advertising. No person shall post, affix, distribute, hand out, deliver, place, cast or leave about any bill, billboard, placard, ticket, hand-bill, circular, advertisement or any matter of a commercial advertising nature in any park with the exceptions of solicited placards affixed at the Little League, and the village announcement board at Park Place park and informational and political hand-bills or cards that may be distributed by hand.

•D.      Camping. No person shall erect any tent or set up a camp trailer for living purposes in any park. It shall also be unlawful to camp overnight with or without a tent or to sleep in any Village park when closed.

•E.      Fires. No person shall build, make or maintain any fire in any Village park or playground area with the exception of grills approved in advance by the Board of Trustees.

•F.      No Picnic fires.

•G.     No Alcoholic Beverages without the prior approval of the Village Board.

•H.     Glass Containers. No glass containers shall be allowed in any park area.

•I.        Motor Vehicles and Traffic. No person shall:

•(1)   State Motor Vehicle Laws Apply. Fail to comply with all applicable provisions of the State Motor Vehicle Traffic Laws in regard to equipment and operation of vehicles together with such regulations as are contained in this and other local laws.

•(2)   Enforcement of Traffic Regulations. Fail to obey all police officers or park employees, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations.

•(3)   Obey Traffic Signs. Fail to obey traffic signs indicating speed, direction, caution, stopping, or parking, and all others posted for proper control and to safeguard life and property.

•(4)   Speed of Vehicles. Ride or drive a motor vehicle at a rate of speed exceeding five (5) miles an hour except Park Place thoroughfare.

•(5)   Operation Confined to Roads. Drive any motor vehicle on any area except the park roads or parking areas except for emergency vehicles.

•(6)   Parking. Designated Areas. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions there at and with the instructions of any attendant who may be present.

•(7)   All motor vehicles shall be equipped with mufflers in good working order so as not to create any disturbing or unreasonable noise.

•(8)   The term “motor vehicle” shall include, but not be limited to, cars, motorcycles, dirt bikes, all terrain vehicles, snowmobiles and go-peds.  This shall include any vehicles motor driven

•J.       Excessive Noise.

•(1)   It shall be unlawful to maintain or operate any motor vehicles, loudspeaker or amplifier connected to any radio, phonograph, tape recorder, microphone, musical instrument or other device by which sounds are magnified so that the resulting noise is excessively loud or is a nuisance in the Village park, except as provided in Subsection J(2) hereof.

•(2)   The Board of Trustees of the Village of Silver Creek may grant exceptions in subsection J(1) for activities sponsored in full or in part by Village agencies or by recognized bona fide civic organizations, provided that the Trustees determine that the noise amplification will not be a nuisance.

•K.    Games. No person shall take part in or abet the playing of any games involving thrown or otherwise propelled objects such as sticks, model airplanes or any other object which may cause injury, except in areas specifically set aside for such forms of recreation. The playing of any sports, including but not limited to, football, baseball, and tennis is prohibited except on the fields and courts or areas provided therefore.

•L.      No person having ownership or custody of a dog shall allow or permit any such dog in any park unless at all times restrained on adequate leashes not greater than six (6) feet in length.  Anyone’s animal defecates on any Village property is responsible for picking it up and disposing of it in a proper container or face fines.

•M.   Boat Launch Ramp is now a no-wake zone: Any individual creating a wake with a motorized watercraft will be stopped and fined.  If a boater ignores a police officer summoning them and eludes the officer, a fine will be mailed to the boat owner’s residence.

§143-8. Protection of Property.                                         

•A.     No person shall willfully injure, disfigure, remove or destroy any tree, ornamental plant, bench, table, structure or building in any park, lamp post, gazebo, tennis court, or basketball court.

•B.     No person shall take or carry away any sand, earth or stone from any park.

•C.     Attachment of contrivances to trees is prohibited. It shall be unlawful to attach any guy rope, crossbar, cable or other contrivance to any tree in the parks, parkways, or other grounds under the control of the DPW Supervisor.

•D.     Removal of unlawfully displayed advertisements, etc. It shall be the duty of the employees acting under the control of the DPW Supervisor and all policemen to remove, as soon as discovered, all advertisements or other matter affixed to or connected with any tree, fence, pole or other structure in violation of these rules, together with the tacks or other appliance used in affixing the same and to report the removal as soon as practicable to the DPW Supervisor.

•E.      Any individuals that turn over picnic tables, benches, or garbage receptacles will be responsible for replacement, repair, cleanup, as well as fine.                     

§143-9. Supervision and Control.

•A.     The maintenance of the Village parks shall be under the general supervision of the Water, Sewer and DPW Supervisor. Operation and supervision of the Village parks shall be under the general control of the Village Board.

•B.     The Police Department shall have all necessary law enforcement powers in the Village parks to secure compliance with the provisions of this Local Law and to ensure lawful activity in said parks. The Chief of Police of the Village of Silver Creek is hereby authorized to close any park for a period not to exceed twenty-four (24) hours whenever, in his opinion, such closing is necessary to preserve the peace, safety, and security of the park with notification of the Mayor or member of the Village Board.

§143-10. Penalties for Offenses.

The violation of any of the provisions of this Local Law shall be considered an offense, and any person, upon being convicted of such offense, shall be punishable by a fine of not more than two hundred fifty ($250) dollars or by imprisonment for a term not to exceed fifteen (15) days, or both. The Court shall have authority to order restitution of stolen or damaged property. If the actual damage is greater than $250.00 the said individuals will be additionally responsible for repair and/or replacement costs to return to original condition.  Should the offending party be a minor; then the parents and/or guardian shall be responsible for the fine incurred, to the extent permitted by Law.

§143-11. When effective.

             This Local Law shall take effect immediately.

 


Chapter 145 Peddling & Soliciting

 

§145-1.            Definitions; word usage.

§145-2.            Registration required; exceptions.

§145-3.            Application for certificate of registration; issuance.

§145-4.            Revocation of certificate of registration; expiration.

§145-5.            Registration by residents not desiring solicitor’s visits; fee.

§145-6.            Duty of peddlers and solicitors.

§145-7.            Uninvited peddling or soliciting prohibited.

§145-8.            Time limits.

§145-9.            Application fees.

§145-10.          Issuance of license or permit.

§145-11.          Display of registration; restrictions.

§145-12.          Noise restrictions.

§145-13.          Use of vehicles, littering.

§145-14.          Fixed locations in public ways prohibited.

§145-15.          Records and supervision.

§145-16.          Exemptions from fees.

§145-17.          Contents of permit.

§145-18.          Hearing to request reinstatement of revoked license.

§145-19.          Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]

GENERAL REFERENCES Garage sales-See Ch. 118. Littering-See Ch. 135. Streets and sidewalks-See Ch. 180.

§145-1. Definitions; word usage.

•A.     For the purpose of this chapter, the following words as used herein shall be considered to have the meanings herein ascribed thereto: PEDDLING- The selling or offering for sale of tangible commodities, merchandise, articles or things, from house to house or on the streets or in any public place, where delivery of said goods is made at the time of the sale.   REGISTERED SOLICITOR- Includes any person who has obtained a valid certificate of registration as hereinafter provided, which certificate is in the possession of the solicitor on the solicitor’s person while engaged in soliciting.   RESIDENCE- Includes every separate living unit occupied for residential purposes by one (1) or more persons, contained within any type of building or structure.   SOLICITING- Includes any one (1) or more of the following activities: •(1)   Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character or description whatever, for any kind of consideration whatever. •(2)   Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or publication. •(3)   Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other kind of publication. •(4)   Seeking to obtain gifts or contributions of money, clothing or other valuable things for the support or benefit of any charitable or nonprofit association, organization or corporation. SOLICITOR, PEDDLER or TRANSIENT VENDOR- Any person who shall engage in soliciting, peddling or transient vending, respectively, as hereinabove defined. TRANSIENT VENDOR: •(1)   Any person, firm or corporation, whether an owner, agent, consignee or employee, or whether a resident within the village limits, that engages in a temporary business of selling and/or delivering goods, wares or services. The above definition shall not include the sale of housewares, baskets, household items or the like to groups of individuals, where said meeting has been arranged in advance and is sponsored by a resident of the village. •(2)   The foregoing notwithstanding, however, a transient merchant shall not include the following: •(a)    A person, firm or corporation who shall occupy any of the aforesaid places for the purpose of conducting a permanent business therein; provided, however, that no person, firm or corporation shall be relieved from the provisions of this chapter by reason of a temporary association with any local dealer, trader, merchant or auctioneer or by conducting such temporary or transient business in connection with or as a part of or in the name of any local dealer, trader, merchant or auctioneer; •(b)   Any sales of merchandise damaged by smoke or fire or of bankrupt concerns, where such stocks have been acquired from merchants of the village; provided, however, that no such stocks of merchandise shall be augmented as new goods; •(c)    A person who sells said person’s own property, which was not acquired for resale, barter or exchange and who does not conduct such sales or act as a participant by furnishing goods in such a sale more than two (2) times during any calendar year; or •(d)   Art exhibits where participating artists sell their original works and which do not contain any sales or art works purchased elsewhere and held for resale.

•B.     Usage. The singular shall include the plural.

§145-2. Registration required; exceptions.

•A.     Every person desiring to engage in soliciting, peddling or transient vending, as those terms are defined herein, from persons in residences or businesses within this municipality is hereby required to make written application for certificate of registration, as hereinafter provided, with the Village of Silver Creek Police Department.

B. Any person engaged in the sale of goods, wares and merchandise whose proceeds are to be applied to any charitable, nonprofit, religious or philanthropic purpose is not required to register for a permit.

§145-3. Application for certificate of registration; issuance.

•A.     Application for a certificate of registration shall be made upon a form provided by the municipality. The applicant shall truthfully state in full the information requested on the application: •(1)   The name and address of the present place of residence and length of residence at such address; also the business address if other than the present address. •(2)   The address of the place of residence during the past three (3) years if other than the present address. •(3)   The age of the applicant. •(4)   A physical description of the applicant. •(5)   The name and address of the person, firm or corporation or association whom the applicant is employed by or represents; and the length of time of such employment or representation. •(6)   The name and address of the employer during the past three (3) years if other than the present employer. •(7)   A description sufficient for identification of the subject matter of the soliciting in which the applicant will engage. •(8)   The period of time for which the certificate is applied. •(9)   The date or approximate date of the latest previous application for a certificate under this chapter, if any. •(10)           Whether a certificate of registration issued to the applicant under this chapter has ever been revoked. •(11)           Whether the applicant has ever been convicted of a violation of a felony under the laws of the state or any other state or federal law of the United States. •(12)           The names of magazines, journals or books to be sold, if any. •(13)           The names of the three (3) most recent communities where the applicant has solicited house-to-house. •(14)           The proposed method of operation. •(15)           The signature of the applicant. •(16)           The social security number of the applicant. •(17)           The sales tax identification number of the applicant.

•B.     All statements made by the applicant upon the application or in connection therewith shall be under oath.

•C.     The Village Clerk shall cause to be kept in the Village Clerk’s office an accurate record of every application received and acted upon, together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this chapter, and of the denial of applications. Applications for certificates shall be numbered in consecutive order as filed, and every certificate issued and any renewal thereof shall be identified with the duplicate number of the application upon which it was issued.

•D.     No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the state or any other state or federal law of the United States within five (5) years of the date of the application, nor to any person who has been convicted of a violation of any of the provisions of this chapter, nor to any person whose certificate of registration issued hereunder has previously been revoked as herein provided.

•E.      The certificate shall be issued within two (2) business days.

§145-4. Revocation of certificate of registration; expiration.

•A.     Revocation. •(1)   Any certificate of registration issued hereunder shall be revoked by the Chief of Police or the Chief of Police’s agent if the holder of the certificate is convicted of a violation of any of the provisions of this chapter or has made a false material statement in the application or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this chapter. Immediately upon such revocation, written notice thereof shall be given by the Chief of Police to the holder of the certificate in person or by certified United States mail addressed to the holder’s residence address as set forth in the application. •(2)   Immediately upon the giving of such notice, the certificate of registration shall become null and void.

•B.     The certificate of registration shall state the expiration date thereof.

§145-5. Registration by residents not desiring solicitor’s visits; fee.[1]   Any resident of the Village of Silver Creek not wanting to be visited or called upon by solicitors for contributions, gifts, pledges of money or other items or things of value for any religious, charitable or nonprofit cause may register at the office of the Clerk of the Village of Silver Creek on a list of the registrants of the village who do not want to be visited or solicited at their homes for such purposes in the following manner:   •A.     Said resident shall either personally appear or, on forms supplied by the Village Clerk, register with the Clerk advising that said resident does not want such solicitors to call at said resident’s home.

•B.     The Village Clerk shall keep on file at all times a registration book showing the names and addresses of the residents of the village who has registered as not wanting such solicitors to call at their homes.

•C.     Said residents, in addition, shall be furnished a sticker by the Village Clerk, which may be affixed to the front door of said resident’s personal residence, advising that no solicitation be made. A nominal charge for the sticker will be as set forth from time to time by the Board of Trustees of the Village of Silver Creek.

§145-6. Duty of peddlers and solicitors.

•A.     It shall be the duty of every solicitor or peddler, upon going onto any premises in the municipality upon which a residence as herein defined is located, to first examine the notice provided for in this chapter, if any is attached, and be governed by the statement contained on any notice. If the notice states “Only Solicitors or Peddlers Registered in the Village of Silver Creek Invited,” then a solicitor or peddler not possessing a valid certificate of registration as herein provided shall immediately and peacefully depart from the premises, and if the notice states “No Solicitors or Peddlers Invited,” then the solicitor or peddler, whether registered or not, shall immediately and peacefully depart from the premises.

•B.     Any solicitor or peddler who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.

§145-7. Uninvited peddling or soliciting prohibited.   It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of the occupancy of such residence for the purpose of securing an audience with the occupant thereof and engage in soliciting or peddling, as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of §145-6 of this chapter.

§145-8. Time limits.   It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon or rap or knock upon any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engage in soliciting or peddling as herein defined, prior to 9:00 a.m. or after 8:30 p.m. between May 1 and August 30, and prior to 9:00 a.m. or after 5:00 p.m. between October 1 and April 30.

§145-9. Application fees. No permit shall be issued under this chapter except upon payment of a fee hereinafter specified, to be made at the Silver Creek Village Office. The fee per year per person shall be as set forth by resolution of the Board of Trustees. Where an application is made for an organization, the fee for such organization and for each person representing such organization and engaged in such peddling, merchandising or soliciting in the village shall be as set forth by resolution of the Board of Trustees.[2]

§145-10. Issuance of license or permit. Upon registering with the Village Police Department as aforesaid, each solicitor or peddler shall be issued a license or permit and may, unless the peddler or solicitor shall have been convicted of a crime involving moral turpitude, be permitted to solicit or peddle within the village for the licensed period beginning on the date such license or permit is issued and ending on the expiration date thereof. Such license or permit shall not be transferable.

§145-11. Display of registration; restrictions. Every solicitor or peddler shall, at all times while engaged in soliciting or peddling in the village, carry evidence of such registration upon said person and shall exhibit such evidence upon request to all police officers, village officials and citizens. No solicitor or peddler shall engage in selling or offering for sale or in seeking or taking of orders or contracts for any goods, wares, merchandise, article, device, subscription, contribution, service or contract not mentioned upon such license, nor shall any person use any vehicle for soliciting or peddling other than the vehicle registered upon the peddler or solicitor’s license.

§145-12. Noise restrictions. No person engaged in soliciting or peddling shall hawk or cry said person’s goods, wares, merchandise, articles, contracts or services upon any of the streets or sidewalks of the village, nor shall said person use any loudspeaker or horn or any other device for announcing said person’s presence by which members of the public are annoyed.

§145-13. Use of vehicles; littering. No person engaged in soliciting or peddling shall park any vehicle upon any of the streets or alleys of the village in order to sort, rearrange or clean any of said person’s goods, wares or merchandise or any samples, order books, contracts, circulars, literature or advertising matter pertaining thereto, nor may any such person place or deposit any refuse upon any such streets or alleys, nor may any such person maintain or keep a street or curbstone market or soliciting or peddling office by parking any vehicle upon any street or alley in the village for longer than necessary in order to solicit from or peddle to persons residing in the immediate vicinity.

§145-14. Fixed locations in public ways prohibited. No person engaged in soliciting or peddling shall occupy any fixed location upon any of the streets or alleys or sidewalks of the village for the purpose of soliciting or peddling, with or without any stand or counter.

§145-15. Records and supervision. The Chief of Police shall keep a record of all registrations made under this chapter, and the Chief of Police or the Chief of Police’s agents or representatives shall supervise the activities of all holders of such licenses.

§145-16. Exemptions from fees. The following persons are exempt from the fee requirements of this chapter:

•A.     Farmers engaged in selling only the produce of their own farms from a truck or other vehicle.

•B.     An honorably discharged soldier, sailor or marine of the military or naval service of the United States who is a resident of this state and who is unable to earn a livelihood by manual labor or otherwise.

•C.     Persons representing local volunteer fire companies and local nonprofit civic organizations and community events sponsored by a nonprofit organization.

§145-17. Contents of permit. Each permit shall be issued in card form, shall be carried by the person for whose benefit it is issued and shall contain the following: the number of the permit; the fee’s paid; the date of issue; the expiration date; the permit holder’s name; age, height, weight and color; the name of the employer; and the address and signature of the holder. The reverse side of such permit shall contain any regulations then in effect and controlling the holder, as well as any conditions and/or limitations to which the permit is subject.

§145-18. Hearing to request reinstatement of revoked license. Any person whose license has been revoked under the provisions hereunder shall be entitled to appear with counsel, if desired, before the Board of Trustees of the Village of Silver Creek at a regular or special meeting and be heard in behalf of a request for reinstatement of such license.

§145-19. Penalties for offenses. Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a minimum fine of fifty dollars ($50.) and a maximum fine of five hundred dollars ($500.) or by imprisonment of 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.   [1] Editor’s Note: See Ch. A219, Fees. [2] Editor’s Note: See Ch. A219, Fees.


Chapter 149 Property Maintenance

 

§149-1.            Title.

§149-2.            Purpose.

§149-3.            Applicability to residential premises.

§149-4.            Standards for open areas.

§149-5.            Standards for buildings and structures.

§149-6.            Enforcement officer designated; authority; appearance tickets.

§149-7.            Failure to remove; action by village; costs.

§149-8.            Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 2-7-1983 as Ch. 36, Art. I, and 36.31 of the 1983 Code. Amendments noted where applicable.]

GENERAL REFERENCES Appearance tickets-See Ch. 6. Brush, grass and weeds-See Ch. 60. Building construction and fire prevention-See Ch. 63. Unsafe buildings-See Ch. 71. Outdoor burning-See Ch. 74. Solid waste-See Ch. 174.

§149-1. Title. This chapter shall be known and may be cited as the “Property Maintenance Law of the Village of Silver Creek, New York.”

§149-2. Purpose. In order to prevent blight and the spread thereof, it is hereby declared that all property in the village, improved or unimproved, including but not limited to residences, office buildings, 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, whether occupied or vacant, and accessory structures located in the Village of Silver Creek shall be maintained in conformity with the standards set out in this chapter so as to assure that these structures and properties will not adversely affect the neighborhood and community at large. It is found and declared that by reason of lack of maintenance and progressive deterioration, certain structures and properties have the further affect 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.

§149-3. Applicability to residential premises.[1]   Chapter 63, Building Construction and Fire Prevention, shall supersede any provisions of this chapter, which are in conflict herewith. All other provisions of this chapter shall be applicable to residential premises.

§149-4. Standards for open areas.

•A.     Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds.

•B.     No shopping baskets, carts or wagons shall be left unattended or standing, and said baskets, carts or wagons shall regularly be collected and removed to the interior of the building or buildings from which they were taken by the person responsible for said building or buildings.

•C.     All fences shall be maintained by the person responsible for the property. Such maintenance shall include but not be limited to the placement and/or repair of fences, which may become in disrepair.

•D.     All landscaping shall be well maintained so that lawns, hedges, bushes and trees shall be kept trimmed and free from becoming overgrown and unsightly where exposed to public view and where the same may constitute a blighting factor thereby depreciating adjoining property. Compliance with Chapter 60, Brush, Grass and Weeds, shall constitute the minimum standards that must be met for grass and weeds.

•E.      Steps, walks, driveways, parking spaces and similarly 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 or necessary repairs or replacement carried out. All off-street parking facilities shall be swept at least monthly.

•F.      Yards, court and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation. They shall be maintained in a manner that will prevent rubbish from being blown about the neighborhood. Open wells, cesspools or cisterns shall be securely closed or barricaded from access to the public.

•G.     No person shall deposit, throw or scatter or suffer, permit or allow the accumulation of any filth, dirt, ashes, junk, garbage, wastepaper, dust, rubbish, sticks, stones, grass, wood, leaves, paper or paper boxes, iron, tin, nails, bottles or glass of any kind or any other kind of rubbish or waste material upon any sidewalk, highway or public place or upon any vacant or improved lot, piece or parcel or ground abutting upon any sidewalk, highway or public place or upon any private property within the village except as permitted by village regulations for trash and garbage removal.

§149-5. Standards for buildings and structures.

•A.     All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration or weathering.

•B.     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 and appurtenance thereto shall be maintained in a manner so as to prevent collapse of the same or injury to the occupants of the building or to the public.

•C.     The foundation walls of every building shall be maintained in good repair and be structurally sound.

•D.     Exterior walls (including doors and windows), roofs and the areas around doors, windows, chimneys and other parts of a building shall be maintained as to keep water from entering the building. Materials which have been damaged or show evidences of dry rot or other deterioration shall be repaired or replaced and refinished in a workmanlike manner within a reasonable amount of time. 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.

•E.      The owner of a vacated building shall take such steps and perform such acts as may be required of such owner from time to time to ensure that the building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property or to the public.

•F.      Buildings and structures shall be maintained free of insect, vermin and rodent harborage and infestation. Methods used for exterminating insects, vermin and rodents shall conform with generally accepted practices.

§149-6. Enforcement officer designated; authority; appearance tickets.

•A.     The Code Enforcement Officer shall be the enforcement officer of this chapter.

•B.     The Code Enforcement Officer may institute any appropriate action or proceeding to prevent the violation of this chapter.

•C.     The Code Enforcement Officer is authorized to issue appearance tickets in the enforcement of this chapter pursuant to Article 150 of the Criminal Procedural Law.

§149-7. Failure to remove; action by village; costs.[2]   Upon default of the owners to remove the accumulated debris, garbage or junk within thirty (30) days after notice to do so, the village or a designated agency may remove said accumulated garbage or junk. The owner shall be charged the actual costs for removal, together with a charge of fifty percent (50%) in addition thereto to cover costs or supervision and administration, which shall constitute a lien and charge thereon until paid or otherwise satisfied or discharged. Such amounts remaining unpaid on May 1 of each year shall be collected and enforced in the same manner and at the same time as provided by law for the collection and enforcement of village taxes. The Code Enforcement Officer may, at his or her discretion, forgo the provisions of this section and issue an appearance ticket as provided in §149-6C.

§149-8. Penalties for offenses.[3]   The violation of any provision of this chapter shall be punishable by a minimum fine of fifty dollars ($50.) and a maximum fine of five hundred dollars ($500.) or by imprisonment for no longer than fifteen (15) days, or by both such fine and imprisonment.   [1] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [2] Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [3] Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.


Chapter 153 Records

 

ARTICLE I

Public Access

§153-1.            Title

§153-2.            Purpose; scope.

§153-3.            Designation of records access officer; powers and duties; fees.

§153-4.            Location.

§153-5.            Hours for public inspection.

§153-6.            Requests for records.

§153-7.            Subject matter list.

§153-8.            Denial of records access; appeal.

§153-9.            Fees.

§153-10.          Public notice.

ARTICLE II

Records Management

§153-11.          Adoption of schedule.

§153-12.          Retention; disposition.

[History: Adopted by the Board of Trustees of the Village of Silver Creek: Art. I, 2-7-1983 as Ch. 5 of the 1983 Code; Art. II, at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]

ARTICLE I

Public Access

[Adopted 2-7-1983 as Ch. 5 of the 1983 Code}

§153-1. Title.   This article shall be known and may be cited as the “Public Records Law of the Village of Silver Creek, New York.”

§153-2. Purpose; scope.

•A.     The people’s right to know the process of government decision making and the documents and statistics leading to determinations can be thwarted by shrouding it with the cloak of secrecy or confidentiality.

•B.     This Article provides information concerning the procedures by which records may be obtained from an agency defined by Subdivision 3 of §86 of the Public Officers Law. No agency regulations shall be more restrictive than this Article.

•C.     Agency personnel shall furnish to the public the information and records required by the Freedom of Information Law,[1] as well as records otherwise available by law.

•D.     Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability or public records.

§153-3. Designation of records access officer; powers and duties; fees.

•A.     The Village Board of the Village of Silver Creek, hereinafter referred to as the “Village Board,” shall be responsible for ensuring compliance with the regulations herein and designates the Village Clerk as records access officer, who shall have the duty of coordinating the village response to public requests for access to records. The designation of the Village Clerk shall not be construed to prohibit officials who have in the past been authorized to make records or information available to the public from continuing to do so.

•B.     The Village Clerk is responsible for assuring that village personnel: •(1)   Maintain an up-to-date subject matter list. •(2)   Assist the requester in identifying requested records, if necessary. •(3)   Upon locating the records, take one (1) of the following actions: •(a)    Make records available for inspection; or •(b)   Deny access to the records in whole or in part and explain, in writing, the reasons therefore. •(4)   Upon request for copies of records: •(a)    Make a copy available upon payment or offer to pay established fees,[2] if any; or •(b)   Permit the requester to copy those records. •(5)   Upon request, certify that a record is truly a copy. •(6)   Upon failure to locate records, certify that: •(a)    The village is not the custodian for such records; or •(b)   The records of which the village is a custodian cannot be found after diligent search.

§153-4. Location.   The Village Board hereby designates the office of the Village Clerk, located in the Village Hall, 172 Central Avenue, Silver Creek, New York, as the location where the public records shall be available for public inspection and copying.

§153-5. Hours for public inspection.   The Village Clerk shall accept requests for public access to records and produce records during all hours during which the Clerk’s office is regularly open for business.

§153-6. Requests for records.

•A.     The Village Clerk may require that a request be made in writing, or may make records available upon oral request.

•B.     The Village Clerk shall respond to any request reasonably describing the record or records sought within five (5) business days of receipt of the request.

•C.     A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought.

•D.     If the Village Clerk does not provide or deny access to the records sought within five (5) business days or receipt of a request, the Village Clerk shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied. If access to records is neither granted nor denied within ten (10) business days after the date of acknowledgment of receipt of a request, the requested may be construed as a denial of access that may be appealed.

§153-7. Subject matter list.

•A.     The Village Clerk shall maintain a reasonably detailed current list by subject matter of all records in the Village Clerk’s possession, whether or not records are available pursuant to Subdivision 2 of §87 of the Public Officers Law.

•B.     The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.

•C.     The subject matter list shall be updated not less than twice per year. The most recent update shall appear on the first page of the subject matter list.

§153-8. Denial of records access; appeal.

•A.     The Village Board shall hear appeals or shall designate a person or body to hear appeals regarding denial of access to records under the Freedom of Information Law.[3]

•B.     Denial of access shall be in writing, stating the reason therefore and advising the person denied access of the right to appeal to the person or body established to hear appeals, and that person or body shall be identified by name, title, business address and business telephone number. The records access officer shall not be the appeals officer.

•C.      If the Village Board fails to respond to a request within five (5) business days of receipt of a request as required in §153-6 of this Article, such failure shall be deemed a denial of access by the agency.

•D.     Any person denied access to records may appeal within thirty (30) days of a denial.

•E.      The time for deciding an appeal by the Village Board or the person or body designated to hear appeals shall commence upon receipt of a written appeal identifying: •(1)   The date and location of a request for records. •(2)   The records that were denied. •(3)   The name and return address of the appellant. •(4)   The date of appeal.[4] •(5)   Whether the denial of access was in writing or due to failure to provide records promptly as required by Subsection C above.[5]

•F.      The Village Board shall transmit to the Committee on Public Access to Records copies of all appeals upon receipt of an appeal. Such copies shall be addressed to: Committee on Public Access to Records Department of State 162 Washington Avenue Albany, New York 12231

•G.     The Village Board or the person or body designated to hear appeals shall inform the appellant and the Committee on Public Access to Records of its determination, in writing, within seven (7) business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in Subsection F of this section.

•H.     A final denial of access to a requested record, as provided for in Subsection G of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.

§153-9.Fees.   Except when a different fee is otherwise prescribed by law:

•A.     There shall be no fee charged for the following: •(1)   Inspection of records. •(2)   Search for records. •(3)   Any certification pursuant to this Article.

•B.     The Village Clerk may provide copies of records without charging a fee.

•C.     The Village Clerk may charge a fee for copies of records, provided that: •(1)   The fee for copying records shall not exceed twenty-five cents ($0.25) per page for photocopies not exceeding nine by fourteen (9 x 14) inches. This section shall not be construed to mandate the raising of fees where agencies in the past have charged less than twenty-five cents ($0.25) for such copies. •(2)   The fee for copies of records not covered by Subsection C (1) shall not exceed the actual reproduction cost, which is the average unit cost for copying a record, excluding fixed costs of the village, such as operator salaries.

§153-10. Public notice.[6]   A notice containing the title or name and business address of the records access officer and appeals body and the location where records can be seen or copied shall be posted in a conspicuous location wherever records are kept and/or published in a local newspaper of general circulation.

ARTICLE II

Records Management

[Adopted at time of adoption of Code[7]]

§153-11. Adoption of schedule.   Records Retention and Disposition Schedule MU-1, issued pursuant to Article 57-A of the Arts and Cultural Affairs Law and containing legal minimum retention periods for municipal and government records, is hereby adopted for use by all municipal officers in disposing of municipal government records listed therein.

§153-12. Retention; disposition.   In accordance with Article 57-A:

•A.     Only those records will be disposed of that are described in Records Retention and Disposition Schedule MU-1 after they have met the minimum retention period prescribed therein.

•B.     Only those records will be disposed of that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond established time period.       [1] Editor’s Note: See §84 et seq. of the Public Officers Law. [2] Editor’s Note: See Ch. A219, Fees. [3] Editor’s Note: See §84 et seq. of the Public Officers Law. [4] Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [5] Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [6] Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [7] Editor’s Note: See Ch. 1, General Provisions, Art. I.


Chapter 155 Rental Property Law

 

Part 1

General Provisions 

•155-1.    Title.

•155-2.    Definitions.

 

ARTICLE I

Certificate Of Compliance

•155-3.    Application.

•155-4.    Fees.

•155-5.    Issuance.

 

ARTICLE II

Compliance 

•155-6.    Responsibility of owners.

•155-7.    Responsibility of occupants.

 

ARTICLE III

Penalties 

•155-8.    Penalties for offenses.

 

ARTICLE IV

Inspection 

•155-9.     Conditions to be inspected.

155-10. Waiver Clause. 

•155-1.    Title. This chapter shall be known and may be cited as the ‘Rental Property Law of the Village of Silver Creek, New York.”

•155-2.    Definitions. Unless the context specifically indicates otherwise, the meanings of the following terms shall be as follows:

BUILDING- A structure wholly or partially enclosed within exterior walls, or within exterior or partition walls and a roof, affording shelter to persons, animals or property.

DWELLING UNIT- One or more rooms with proper provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one or more persons.

FULL BATH- An enclosed space containing one or more bathtubs or showers, or both, one or more water closets and one or more lavatories.

INFESTATION- The presence, with or contiguous to a dwelling unit or premises, of insect, rodent, vermin or other pests.

PREMISES- A lot, plot, parcel of land, including the building and structures thereon.

VENTILATION- Supply and removal of air to and from a space by natural or mechanical means.

 

ARTICLE I

Certificate of Compliance 

•155-3.    Application.

•A.     It shall be unlawful to use, establish, maintain, operate, manage or let premises entirely or partially for residential occupancy, where any rent is paid or charge is made or compensation is received for such use or occupancy, in the Village of Silver Creek without first having obtained a Certificate of Compliance (hereinafter referred to as THE CERTIFICATE) therefore. Failure or refusal to procure THE CERTIFICATE hereunder shall be deemed a violation.

•B.     Application for THE CERTIFICATE shall be made in writing to the Code Enforcement Officer on a form, which may be obtained for the Code Enforcement Office.

•C.     Each application for THE CERTIFICATE shall be made by the owner of the premises or such person who operated and/or manages the premises if other than the owner.

•D.     Upon application for THE CERTIFICATE or a renewal of same, the Code Enforcement Officer shall conduct an inspection at the premises according to this chapter shall issue THE CERTIFICATE only upon satisfactory compliance with all articles of this chapter.

•E.      THE CERTIFICATE and all renewal of same, shall be valid for a period of three (3) years from the date of issuance, except as stipulated below:

•(1)   IF THE CERTIFICATE or a renewal of same is issued pursuant to a follow-up inspection made necessary due to a failure to pass the initial inspections, it shall be valid for a period of one (1) year from the date of issuance.

•155-4.    Fees. There shall be no fee for THE CERTIFICATE or for any renewal of the same except as stipulated below:

•A.     Should the premises fail to pass the initial inspection for THE CERTIFICATE or any renewal thereof, a fee shall be collected pursuant to the fee schedule A219-1 adopted by the Village of Silver Creek Board for each follow-up inspection accordingly.

•155-5.    Issuance. THE CERTIFICATE shall not be issued or renewed under any application unless all provisions of this chapter have been complied with.

ARTICLE II

Compliance 

•155-6.    Responsibility of owners.

•A.     Owners of premises shall be responsible for compliance with this chapter and shall remain responsible therefore regardless of the fact that this section may also place certain responsibilities on operators, managers and occupants and regardless of any agreement between owners and operators or occupants as to which party shall resume such.

•B.     Owners of premises shall be responsible for proper maintenance, condition and operation of service facilities and furnishing adequate heat and hot water supply in rental dwellings. Enforcing any contract, which may exist between an owner and tenant, to the contrary, shall be the sole responsibility of such parties thereto.

•155-7.    Responsibility of occupants.

•A.     Maintenance of that part of the premises, which he/she occupies or controls in a clean, sanitary and safe condition.

•B.     Maintenance of all plumbing, cooking and refrigeration fixtures and appliances, as well as other building equipment and storage facilities, in that part of the premises which he/she occupies or controls in a clean and sanitary condition and providing reasonable care in the operation and use thereof.

•C.     Keeping exits from his/her dwelling unit clear and unencumbered.

 

•D.     Disposal of garbage and refuse into appropriate facilities in a clean and sanitary manner.

 

ARTICLE III

Penalties

 

•155-8.    Penalties for offenses.

•A.     Any person who shall violate any provision of this chapter, shall, upon conviction, be guilty of a violation.

•B.     Any person who fails to comply with any provisions of this chapter after expiration of the time for compliance established in accordance with this chapter shall, upon conviction, be punished by a fine to be set by the Village of Silver Creek Board, and or by imprisonment. In the event of any failure to so comply, each and every day such violation continues shall constitute a separate offense and the penalties prescribed above shall be applicable to each such separate offense, except during that period of time which any appeal from a conviction of such offense is pending.

 

 

ARTICLE IV

Inspection

 

•155-9.    Conditions to be inspected. All items numbered one through fifteen shall be complied with by all parties, as set forth in this chapter, by passing the Code Enforcement Officer’s inspection of the premises to enable said Officer to issue and or renew The Certificate. Where a provision of this chapter is found to be in conflict with a provision of a zoning, building, health or other regulation adopted pursuant thereto or other law, ordinance, code, or regulation, the provision or requirement which is more restrictive or which establishes the higher standard shall prevail.

•(1)   There shall be at least one smoke detector, properly installed and maintained as per manufacture’s specifications, in each bedroom and furnace room with a minimum of two detectors per dwelling unit. There shall be one CO2 detector properly installed and maintained.

•(2)   There shall be nothing which may obstruct, impair, or make unsafe the passageway within the premises for any party.

•(3)   All entrances to the building and each dwelling unit therein shall have a secure and lockable door which shall be unlock able by key from the outside of said door.

•(4)   All staircases within the premises shall have a safe and secure handrail.

•(5)   There shall be no exposure of any conductor or any electrical wiring within the premises.

•(6)   All electrical boxes within the premises shall be securely attached to the structure.

•(7)   All electrical switches, receptacles and boxes within the premises shall have appropriate plates securely attached.

•(8)   All hot and cold-water plumbing within the premises shall be present with no visible indication of leaking.

•(9)   All plumbing waste lines within the premises shall present no viable indication of leaking, apparent blockage and noticeable sewer gas odors.

•(10)           All visible damage to the premises reasonably presumed to be the result from a water leak, whether plumbing water, rainwater or other, shall be appropriately repaired.

•(11)           Each dwelling unit shall contain a full bath with hot and cold running water and which shall provide a degree of privacy to the user, which a reasonable person would expect.

•(12)           Each dwelling unit shall have operable windows, with screening in good repair, to provide reasonable ventilation, natural light and protection from the elements of the outdoors.

•(13)           There shall be no broken glass in any windows or doors within the premises.

•(14)           From nowhere inside the building may the outdoors be visible except through the windows and doors as intended.

•(15)           There shall be no visible signs of infestation within the premises.

  §155-10  Waiver Clause.  

•A.     If any rental property is inspected by any New YorkState or US Governmental Agency and passes said inspection; our code enforcement officer may waive our local inspection. A copy of the inspection certificate and or certificate of compliance issued by that agency will be required to be one file with the Code Enforcement Office.

•B.     In the case of a multiple rental property, only that property that is inspected by another Governmental agency is exempt.

 


Chapter 159 Sewers

Part I

General Usage

ARTICLE I

General Provisions

§159-1.            Title.

§159-2.            Definitions.

ARTICLE II

Public Sewers

§159-3.            Unsanitary disposal prohibited.

§159-4.            Discharge of untreated sewage prohibited.

§159-5.            Private systems restricted.

§159-6.            Connection to public sewer required.

ARTICLE III

Private Wastewater Disposal

§159-7.            Connection to private system.

§159-8.            Permit required; fees.

§159-9.            Inspection.

§159-10.          Compliance with other requirements.

§159-11.          Connection with available public sewer.

§159-12.          Operation at owner’s expense.

§159-13.          Additional requirements.

ARTICLE IV

Building Sewers

§159-14.          Permit required.

§159-15.          Permit application; fees.

§159-16.          Materials; methods of installation.

§159-17.          Owner responsible for costs.

§159-18.          Separate building sewers; exception.

§159-19.          Old building sewers.

§159-20.          Required elevation of building sewer.

§159-21.          Drainage connections prohibited.

§159-22.          Supervision; inspection.

§159-23.          Guarding of excavations; restoration.

§159-24.          Permits for industrial users; fee.

ARTICLE V

Street Extensions

§159-25.          Permit required.

§159-26.          Application; fee; bond.

§159-27.          Expenses; insurance.

§159-28.          Rules and regulations.

ARTICLE VI

Public Sewer Usage

§159-29.          Discharge of surface waters prohibited.

§159-30.          Discharge of stormwater or unpolluted drainage.

§159-31.          Prohibited waters or wastes.

§159-32.          Restrictions on certain wastes.

§159-33.          Superintendent authority over certain wastes.

§159-34.          Grease, oil and sand interceptors.

§159-35.          Facility maintenance by owner.

§159-36.          Access structure.

§159-37.          User information.

§159-38.          Measurements, tests and analyses.

§159-39.          Special agreements permitted.

§159-40.          Specific discharge requirements.

ARTICLE VII

Protection from Damage

§159-41.          Damaging or tampering.

ARTICLE VIII

Administration and Enforcement

§159-42.          Inspections.

§159-43.          Acquisition of information; disclosure.

§159-44.          Observation of safety rules; liability.

§159-45.          Entry on easements.

§159-46.          Penalties for offenses.

Part 2

Rents   ARTICLE IX

Rates and Charges

§159-47.          Title.

§159-48.          Establishment of rent.

§159-49.          Definitions.

§159-50.          Determination of household units.

§159-51.          Establishment of rates; late charges.

§159-52.          (Reserved)

§159-53.          Payment; penalties.

§159-54.          Use of revenues.

Appendix A Toxic Substances

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek as indicated in part histories. Amendments noted where applicable.]

GENERAL REFERENCES Water-See Ch. 210. Zoning-See Ch. 215.

Part 1

General Usage [Adopted 2-7-1983 as Ch. 46 of the 1983 Code]

ARTICLE I

General Provisions

§159-1. Title.   This Part 1 shall be known and may be cited as the “Sewer Use Law of the Village of Silver Creek, New York.”

§159-2. Definitions.   Unless the context specifically indicates otherwise, the meaning of terms used in this Part 1 shall be as follows:   BIOCHEMICAL OXYGEN DEMAND (“BOD”)- the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20 degrees C.), expressed in milligrams per liter. BUILDING DRAIN- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet [one and five-tenths (1.5) meters] outside the inner face of the building wall.   BUILDING SEWER- The extension from the building drain to the public sewer or other place of disposal also called “house connection.”   COMBINED SEWER- A sewer intended to receive both wastewater and storm- or surface water.   EASEMENT- An acquired legal right for the specific use of land owned by others.   FLOATABLE OIL- Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.   GARBAGE- The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.   INDUSTRIAL USER- Any industrial or commercial establishment with a classification as designated in the Standard Industrial Classification Manual, 1972 Edition, as published by the Executive Office of the President and who utilizes the services of the village’s sewer system.   INDUSTRIAL WASTES- The wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.   MAY- Is permissive. (See definition of “shall” below.)   NATURAL OUTLET- Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.   NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION or NYSDEC- The New York State Department of Environmental Conservation or other duly authorized official of said Department.   PERSON- Any individual, firm, company, association, society, corporation or group.   pH- The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of seven (7) and a hydrogen-ion concentration of 10-7. POTW (PUBLICALLY OWNED TREATMENT WORKS) TREATMENT PLANT- That portion of the municipal system, which is designed to provide treatment (including recycling and reclamation) wastes received by the municipal system.   PRETREATMENT- The reduction of the amount of pollutant properties in wastewater to a less-harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6, General Pretreatment Regulations for Existing and New Sources of Pollution.   PROPERLY SHREDDED GARBAGE- The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch [one and twenty-seven hundredths (1.27) centimeters] in any dimension.   PUBLICLY OWNED TREATMENT WORKS (POTW)- A treatment works as defined by Section 212 of the Act (33 U.S.C. 1292); includes any sewers that convey wastewater to the POTW, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment.   PUBLIC SEWER- A common sewer controlled by a governmental agency or public utility.   SANITARY SEWER- A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities or ground-, storm- and surface waters that are not admitted intentionally.   SEWAGE- The spent water of a community. The preferred term is “wastewater” (see definition below).   SEWER- A pipe or conduit that carries wastewater or drainage water.   SHALL- Is mandatory. (See definition of “may” above.)   SLUG- Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.   SPDES- The State Pollution Discharge Elimination System established by Article 17 of the Environmental Conservation Law of the State of New York for issuance of permits authorizing discharges to the waters of the state. STORM DRAIN (sometimes termed “storm sewer”)- A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.   SUPERINTENDENT- The Water and Sewer Superintendent or the Water and Sewer Superintendent’s authorized deputy, agent or representative.[1]   SUSPENDED SOLIDS- Total suspended matter that either floats on the surface of or is in suspension in water, wastewater or other liquids and that is removable by laboratory filtering as prescribed in the Standard Methods for the Examination of Water and Wastewater and referred to as “nonfilterable residue.”   UNPOLLUTED WATER- Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.   WASTEWATER- The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any ground water, surface water and stormwater that may be present.   WATERCOURSE- A natural or artificial channel for the passage of water either continuously or intermittently.

ARTILCE II

Public Sewers

§159-3. Unsanitary disposal prohibited.   It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the village or in any area under the jurisdiction of the village any human or animal excrement, garbage or other objectionable waste.

§159-4. Discharge of untreated sewage prohibited.   It shall be unlawful to discharge to any natural outlet within the village or in any area under the jurisdiction of the village any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Part 1.

§159-5. Private systems restricted.   Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.

§159-6. Connection to public sewer required.   The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the village and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the village, is hereby required, at the owner’s expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within ninety (90) days after the date of official notice to do so, provided that said public sewer is within one hundred (100) feet [thirty and five-tenths (30.5) meters] of the property line.

ARTICLE III

Private Wastewater Disposal

§159-7. Connection to private system.   Where a public sanitary or combined sewer is not available under the provisions of §159-6, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this Article.

§159-8. Permit required; fees.[2]   Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the Superintendent and the Chautauqua County Health Department. The application for such permit shall be made on a form furnished by the village, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Superintendent. A permit and inspection fee as set forth from time to time by resolution of the Board of Trustees shall be paid to the Village Treasurer at the time the application is filed.[3] Permits shall comply in all respects with requirements of the Chautauqua County Health Department and the Chautauqua County Sanitary Code.   §

159-9. Inspection.   A permit for private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent and Chautauqua County and of the State of New York. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than eight thousand (8,000) square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

§159-10. Compliance with other requirements.   The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations of the Department of Health of Chautauqua County and of the State of New York. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than eight thousand (8,000) square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

§159-11. Connection with available public sewer.[4]   At such time as a public sewer becomes available to a property served by a private wastewater disposal system as provided in §159-6, a direct connection shall be made to the public sewer within ninety (90) days in compliance with this Part 1, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.

§159-12. Operation at owner’s expense.[5]   The owner shall purchase only approved private wastewater disposal facilities. The owner will also install, operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the village.

§159-13. Additional requirements.   No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.

ARTICLE IV

Building Sewers

§159-14. Permit required.   No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.

§159-15.  Permit application; fees. [Amended 9-18-1989 by L.L. No. 4-1989; 1-18-1993 by L.L. No. 1-1993]

•A.     The owner shall make application for a sewer permit on a form furnished by the village. The permit application shall be supplemented by any plans, specifications or other information required by the village. A permit and inspection fee as the Board of Trustees shall from time to time fix by resolution shall be paid to the Village Treasurer at the time the application is

filed and thereafter for each additional inspection.[6] A tapping fee as set forth from time to time by resolution of the Board of Trustees will be required for a new tap into the sewer system and shall be paid to the Village Treasurer at the time that the application is filed. No sewer permit shall be granted until all required fees are paid in full.[7]

•B.     If any work is done by the village employees to connect an out-of-village user who connects to the village sewer, the property owner will be charged for time and materials.

§159-16. Materials; methods of installation.   Rules and regulations governing the materials and methods for building sewer installations and connections shall be established by the Village Board in addition to the Plumbing Code applicable to the Village of Silver Creek, New York. The following materials, specifications and construction procedures shall be adhered to until changed by the Village Board, and any conflict between the provisions of this section and the Plumbing Code shall be resolved in favor of this section:

•A.     Usage. All building sewers, when underground, located outside the building shall be extra-heavy cast-iron soil pipe or polyvinyl chloride SDR-35 (PVC) pipe. All asbestos cement pipes must first be approved by the Water and Sewer Superintendent before installation.[8]

•B.     Materials. •(1)   Asbestos cement pipe. Asbestos cement pipe in sizes four-, five- and six-inch must meet Federal Specifications SS-P-33 lb dated                 January 30, 1962, with the following substitutions: •(a)    Sizes: only four-, five- and six-inch. •(b)   Class: nonpressure. •(c)    Lengths: maximum of ten (10) feet. •(d)   Out of roundness: inside diameter of one-fourth (1/4) inch. •(e)    Hydrostatic strength: not applicable. •(f)     Flexural strength (nine-foot span, third point total load): four-inch pipe: five hundred fifty (550) pounds; five-inch pipe: nine hundred fifty (950) pounds; six-inch pipe: one thousand five hundred (1,500) pounds. •(g)    Crushing strength (total load, one-foot samples): four-inch pipe: one thousand five hundred (1,500) pounds; five-inch pipe: one thousand five hundred (1,500) pounds; six-inch pipe: one thousand five hundred (1,500) pounds.

•(h)    Tests [one (1) specimen from each three hundred (300) lengths of pipe]: asbestos cement pipe in sizes eight-inch through thirty-six-inch in Class 1500, 2400, 3300, 4000 or 5000 shall meet requirements of: [1] ASTM Specification C 428-59T for asbestos cement nonpressure sewer pipe. [2] Federal Specification SS-P 33 lb dated January 30, 1962. •(2)   The extra-heavy cast-iron soil pipe shall meet the requirements of ASTM A74-42 of Commercial Standards CS 188-59. •(3)   The polyvinyl chloride (PVC) pipe shall conform to ASTM D-3034 and Unibell specification. Such pipe shall be laid on a minimum four-inch bed of No. 2 stone. All connections of PVC SDR-35 pipe to the lateral sewer pipe provided by the village to the property line shall be made with an approved coupling.[9]

•C.     Joints. •(1)   Joints shall be made with asbestos cement sleeve couplings sealed with rubber rings. Joints between asbestos cement pipe and other pipe material shall be made with an asbestos cement adaptor coupling caulked with oakum and lead, rubber rings or other approved sealing materials. •(2)   Cast-iron pipe joints. Caulked joints for cast-iron bell and spigot soil pipe shall be firmly packed with oakum or hemp and filled with molten lead not less than one (1) inch deep and not to extend more than one-eight (1/8) inch below the rim of the hub. No paint, varnish or other coatings shall be permitted on the jointing material until after the joint has been tested. •(3)   Polyvinyl chloride (PVC) joints. All joints for PVC pipe shall be made with approved factory-made jointing material.

•D.     Tests. Upon completion or in part, the entire building sewer pipe system shall be tested with water to a pressure not less then ten (10) feet of head. Water shall be kept in the system at least fifteen (15) minutes prior to the test. Throughout the test, the system shall be tight at all points.

•E.      Restrictions. •(1)   Asbestos cement pipe, polyvinyl chlorides (PVC-SDR 35) pipe shall be used for building sewer in underground installations only. Floor and wall penetration shall be made with extra-heavy cast-iron soil pipe or polyvinyl chloride pipe, as shall be all lawn traps, house traps and fresh air vents. [Amended 1-18-1993 by L.L. No. 1-1993] •(2)   Water supply. The minimum distance between any groundwater point of origin or suction lines and the building sewer pipe shall be not less than ten (10) feet. •(3)   Separate trenches. The building sewer, when installed in a separate trench from the water service pipe, shall be asbestos cement building sewer pipe, PVC pipe or cast-iron sewer pipe.

•(4)   One (1) trench. The building sewer, when installed in the same trench with the water service pipe, shall be constructed of durable materials which are corrosion-resistant. Asbestos cement building sewer pipe, PVC pipe and extra-heavy cast-iron sewer pipe are acceptable for this service. The building sewer shall be tested with a ten-foot head of water until the backfilling is complete.

§159-17. Owner responsible for costs.

•A.     All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the village from any loss or damage that may be directly or indirectly be occasioned by the installation of the building sewer.

•B.     Where the connection is made off the property, the owner shall file a bond of five thousand dollars ($5,000.) with the Village Clerk to indemnify the village from any loss or damage that may directly or indirectly be occasioned by the installment of the lateral sewer. The boundary line of any sewer easement shall be construed to be a property line.

•C.     If a property owner thinks there is a blockage in said owner’s lateral and after the Sewer Department has determined that the main sewer line is not backing up, it then becomes the homeowner’s responsibility to start the repair. If while repairing the lateral and the problem is found to be with the village lateral, then the Water and Sewer Superintendent can either authorize the contractor to complete the repair or have the Village Sewer Department complete the repairs.[10]

§159-18. Separate building sewers; exception.   A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the front building may be extended to the rear building and the whole considered as one (1) building sewer, but the village does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

§159-19. Old building sewers.   Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this Part 1.

§159-20. Required elevation of building sewer.   Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer with a backflow preventer. [Amended 6-20-11 by L.L. No. 1 2011]

§159-21. Drainage connections prohibited.   No person shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain, which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the Water and Sewer Superintendent for purposes of disposal of polluted surface drainage.

§159-22. Supervision; inspection.   The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Superintendent or the Superintendent’s representative.

§159-23. Guarding of excavations; restoration.   All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the village.

§159-24. Permits for industrial uses; fee.   A permit issued pursuant to §159-15 for industrial users shall be subject to the following conditions:

•A.     Permit applications. A permit application for industrial users shall provide the following information: •(1)   The anticipated volume computed on a daily, weekly and monthly basis; and if seasonal or otherwise irregular, the anticipated peak periods. •(2)   The constituents. •(3)   The characteristics of wastewater. •(4)   Flow rates. •(5)   Each product produced by type. •(6)   The amount and rate of production. •(7)   A description of activities, facilities and plant process on the premises, including all materials processed and types of materials, which are or could be discharged.

•B.     Terms and conditions. •(1)   Any permit issued under this section shall contain such limits and restrictions on volume, constituents, characteristics of wastewater and flow rates as may be determined by the Superintendent as reasonably necessary to equitably allocate the capacity of the POTW and to safeguard the public health, safety and welfare; and such other requirements as may be determined by the Superintendent pursuant to Article VI of this Part 1. •(2)   Permits shall contain specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedules.

•C.     Modifications by village. •(1)   The permit’s terms and conditions shall be subject to modification and change by the Superintendent. Except in case of emergency, the Superintendent shall notify the permit holder at least thirty (30) days in advance, in writing, served either personally or by certified mail, return receipt requested, at the permit holder’s place of business within the village. Such notice shall specify the proposed changes or modifications, the reasons therefore and the proposed effective date; a statement that the permit holder may submit, in writing, any objections, counter proposals or justification for continuation of any or all of the terms or conditions of the permit; and also the right to request a hearing before the Superintendent, if demanded within the thirty-day period, and to be represented by counsel and to present proof and rebut any evidence produced at the hearing. •(2)   Compliance with any final order of the Superintendent under this section shall not be required sooner than thirty (30) days after service upon the permit holder, as above provided, except in case of emergency.

•D.     Modifications at request of permit holder. An industrial user shall apply for a permit modification if production or process is changed so that wastewater characteristics or flow is altered.

•E.      Assignment or transfer of permit. A permit issued pursuant to this section shall not be assigned, transferred or sold to a new owner, new user, different premises or a new or changed operation.

•F.      Maximum time period. A permit issued pursuant to this section shall be for a period not to exceed four (4) years; provided, however, that a permit may be extended for additional periods not to exceed four (4) years each upon payment of the required fee[11] and submission of a new application as provided in Subdivision A of this section. Such application shall be submitted within six (6) months and not less than one (1) month prior to expiration of a permit.

•G.     Revocation of permit. A permit may be revoked by the Superintendent for any of the following conditions: •(1)   The submission of any false information submitted in the permit application. •(2)   The willful exceeding of the limits and restrictions as to volume, constituents, characteristics of wastewater and flow rates as specified in the permit. •(3)   The willful failure to maintain monitoring programs as required by the Superintendent. •(4)   The failure to take corrective action as specified by the Superintendent within the time specified. •(5)   The failure to pay any charges, fees or sewer rents within three (3) months after failing due.

•H.     Enforcement. Conditions of wastewater discharge permits shall be uniformly enforced by the village in accordance with this Part 1 and applicable state and federal regulations. Permits shall be expressly subject to all provisions of this Part 1 and all other regulations, user charges and fees established by the village and applicable state and federal regulations

ARTICLE V

Street Extensions

§159-25. Permit required.   No person shall construct a street sewer without first obtaining a written permit from the Village Board and from the Chautauqua County Health Department.

§159-26. Application; fee; bond.[12]   The owner shall make application on a form furnished by the village. The permit application shall be accompanied by such plans, specifications or other information, approved by a licensed professional engineer, required by the village. A permit fee as set forth from time to time by resolution of the Board of Trustees[13] shall be paid to the Village Treasurer at the time the application is filed, and, in addition, the owner shall pay all legal and engineering expenses, including inspection. The owner shall furnish a bond in an amount and form as required by the Village Board to assure that all sewers will be constructed according to the approved plans and specifications.

§159-27. Expenses; insurance.   All expenses of street sewer construction and connection shall be borne by the owner. The owner shall file with the Village Clerk insurance certificates covering public liability and property damage in the amounts and forms required by the Village Board.

§159-28. Rules and regulations.   Rules and regulations governing the materials and methods for street sewer installations, connections, safety and inspection procedures shall be established by the village in addition to the Plumbing Code applicable to the Village of Silver Creek, New York.

ARTICLE VI

Public Sewer Usage

§159-29. Discharge of surface waters prohibited.   No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage or cooling water to any sewer, except that stormwater runoff from limited areas, which stormwater my be polluted at times, may be discharged to the sanitary sewer by permission of the Superintendent.

§159-30. Discharge of stormwater or unpolluted drainage.

•A.     An SPDES permit must be applied for and is subject to federal and state regulation.

•B.     Stormwater other than that exempted under §159-29 and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet.

§159-31. Prohibited waters and wastes.   No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

•A.     Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas which by reason of their nature or quantity are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion of be injurious in any other way to the POTW or to the operation of the POTW.

•B.     Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, to constitute a hazard to humans or animals, to create a public nuisance or to create any hazard in the receiving waters of the wastewater treatment plant.

•C.     Any waters or wastes having a pH lower than five point five (5.5) or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.

•D.     Solid or viscous substances in quantities or of such size capable or causing obstruction to the flow in sewers or other interference with the proper operation of the wastewater facilities, such as but not limited to ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, underground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc.

§159-32. Restrictions on certain wastes.   The following described substances, materials, waters or waste shall be limited in discharge to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment processes or equipment, will not have an adverse effect on the receiving stream or will not otherwise endanger lives, limb, public property or constitute a nuisance. The Superintendent may set limitations lower than the limitations established in the regulations below if, in the Superintendent’s opinion, such more severe limitations are necessary to meet the above objectives. In forming an opinion as to the acceptability, the Superintendent will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, the capacity of the wastewater treatment plant, the degree of treatability of the waste in the wastewater treatment plant and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer, which shall not be violated without approval of the Superintendent, are as follows:

•A.     Wastewater having a temperature higher than one hundred fifty degrees Fahrenheit (150° F.) [sixty-five degrees Celsius (65°C.)] or in such quantities that the temperature at the treatment works influent exceeds one hundred four degrees Fahrenheit (104°F.) [forty degrees Celsius (40°C.)].

•B.     Wastewater containing more than twenty-five (25) milligrams per liter of petroleum oil, nonbiodegradable cutting oils or a product of mineral oil origin.

•C.     Wastewater from industrial plants containing floatable oils, fat or grease.

•D.     Any garbage that has not been properly shredded (see definition of “properly shredded garbage” in §159-2). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

•E.      Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the Superintendent for such materials as shown in Appendix A[14] or as set in a Categorical Pretreatment Standard.

•F.      Any waters or wastes containing odor-producing substances exceeding limits, which may be established by the Superintendent.

•G.     Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by applicable local, state or federal regulations.

•H.     Quantities of flow, concentrations, or both, which constitutes a slug, as defined herein.

•I.        Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

•J.       Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gasses, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.

•K.    Any substance which may cause the POTW’s effluent or any other product of the POTW, such as residues, sludge or scums, to be unsuitable for reclamation process where the POTW is pursuing a reuse and reclamation program. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations affecting sludge use or disposal development pursuant to the Solid Waste Disposal Act or state criteria applicable to the sludge management method being used.

§159-33.  Superintendent authority over certain wastes.

•A.     If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in §159-32 of this Article and which, in the judgment of the Superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may: •(1)   Reject the wastes; •(2)   Require pretreatment to an acceptable condition for discharge to the public sewers; •(3)   Require control over the quantities and rates of discharge; and/or •(4)   Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of §159-39.

•B.     When considering the above alterations, the Superintendent shall give consideration to the economic impact of each alternative on the discharger. If the Superintendent permits the pretreatment or equalization of waste flows,

the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent.

§159-34.  Grease, oil and sand interceptors.   Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in §159-32C, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Superintendent. Any removal and hauling of the collected materials not performed by the owner’s personnel must be performed by currently licensed waste disposal firms.

§159-35.  Facility maintenance by owner.   Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner’s expense.

§159-36.  Access structure.   When required by the Superintendent, the owner of any property service by a building sewer carrying industrial wastes shall install a suitable structure, together with such necessary meters and other appurtenances, in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Superintendent. The structure shall be installed by the owner at the owner’s expense and shall be maintained by the owner as to be safe and accessible at all times.

§159-37.  User information.   The Superintendent may require a user of sewer services to provide information needed to determine compliance with this Part 1. These requirements may include:

•A.     The wastewater discharge peak rate and volume over a specified time period.

•B.     The chemical analyses of wastewaters.

•C.     Information on raw materials, processes and products affecting wastewater volume and quality.

•D.     The quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.

•E.      A plot plan of sewers of the user’s property showing the sewer and pretreatment facility location.

•F.      Details of wastewater pretreatment facilities.

•G.     Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

§159-38. Measurements, tests and analyses.   All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Part 1 shall be determined in accordance with the latest edition of the Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association. Sampling methods, locations, times, durations and frequencies are to be determined on an individual basis, subject to approval by the Superintendent.

§159-39. Special agreements permitted.   Special agreements and arrangements between the municipality and any persons or agencies may be established when, in the opinion of the municipality, unusual or extraordinary circumstances compel special terms and conditions. Acceptance of such waste shall not cause the POTW to violate its SPDES permit or the receiving water quality standards or any pretreatment regulations promulgated by the United States Environmental Protection Agency (USEPA) or the NYSDEC in accordance with Section 307 of PL 95-217.

§159-40. Specific discharge requirements.

•A.     Accidental discharges. An industrial user shall notify the village immediately upon accidentally discharging wastes in violation of this Part 1. This notification shall be followed, within fifteen (15) days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrences. Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment plant or treatment process of for any fines imposed on the village under applicable state and federal regulations.

•B.     Required notice. A notice shall be furnished and permanently posted on the industrial user’s bulletin board advising employees whom to call in case of an accidental discharge in violation of this Part 1. Also, copies of this chapter are to be made available to user’s employees.

•C.     Connections to plumbing or drainage system. Any direct or indirect connection or entry point for persistent or deleterious wastes to the user’s plumbing or drainage system should be eliminated. Where such action is impractical or unreasonable, the user shall approximately label such entry points to warn against discharge system should be eliminated. Where such action is impractical or unreasonable, the user shall approximately label such entry points to warn against discharge of such wastes in violation of this Part 1.

•D.     Compliance with federal or state pretreatment regulation, etc. When pretreatment regulations are adopted by USEPA for any industry, then that industry must immediately conform to the USEPA or NYSDEC timetable for adherence to federal or state pretreatment requirements and any other applicable requirements promulgated by USEPA or NYSDEC in accordance with Section 307 of the PL 95-217. Additionally, such industries shall comply with any more stringent standards necessitated by local conditions as determined by the village.

•E.      Reservation by village to enact additional requirements. The village reserves the right to establish by local law more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in this Part 1.

•F.      Dilution of discharges. No user shall ever increase the use or process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards or in any other pollutant specific limitation developed by the village or state unless authorized by state or federal regulations.

ARTICLE VII

Protection form Damage

§159-41. Damaging or tampering.[15]   No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment, which is part of the municipal wastewater facilities. Any person violating this provision shall be subject to immediate arrest and prosecution in accordance with the Penal Law of the State of New York.

ARTICLE VIII

Administration and Enforcement

§159-42. Inspections.   Persons or occupants of premises where wastewater is produced or discharged shall allow the village, USEPA, NYSDEC or their representative ready access at all times to all parts of the premises for the purpose of inspection or sampling or in the performance of any of their duties. The village shall have the right to set up on the user’s property such devices as are necessary to conduct sampling or metering operations. The village may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required by the village’s wastewater discharge laws and sample any effluents which the owner or operator of such source is required to sample. Where a user has security measures in force, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the village will be permitted to enter without delay.

§159-43. Acquisition of information; disclosure.   The Superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes, which have a direst bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.

§159-44. Observation of safety rules; liability.   While performing the necessary work on private properties referred to in §159-42, the Superintendent or duly authorized employees of the village shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the village employees, and the village shall indemnify the company against loss or damage to its property by village employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in §159-36.

§159-45. Entry on easements.   The Superintendent and other duly authorized employees of the village bearing proper credentials and identification shall be permitted to enter all private properties through which the village holds a duly negotiated easement for the purposes of but not limited to inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

§159-46.  Penalties for offenses.

•A.     Violation of §159-41. Any person who shall violate any provision of §159-41 shall be guilty of a violation and shall be subject to immediate arrest and prosecution in accordance with the Penal Law of the State of New York.[16]

•B.     False statements, etc. Any person who knowingly makes any false statement, representation, record, report, plan or other documentation filed with the municipality or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part 1 or constructs a private wastewater disposal system without securing a permit under this Part 1 shall be punished by a fine of not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) or imprisonment for not more than fifteen (15) days, or both such fine and imprisonment.[17]

•C.     Written notice of violation. Any person found to be violating any provision of the foregoing Articles of this Part 1, except §159-41, or as otherwise provided in Subsection B of this section shall be served by the village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof, which time limit shall in no event be longer than ninety (90) days. The offender shall, within the period of time stated in such notice, permanently cease all violations.

•D.     Continued violation. Any person who shall continue any violation beyond the time limit provided for in Subsection C herein shall be guilty of a violation and, on conviction thereof, shall be punished by a fine of not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) or imprisonment for not more than fifteen (15) days, or by both such fine and imprisonment.[18]

•E.      Civil liability. Any person violating any of the foregoing provisions of this Part 1 shall become liable to the village for any expense, loss or damage occasioned by the village by reason of such violation.

Part 2

Rents [Adopted 2-7-1983 as Ch. 47 of the 1983 Code]

ARTICLE IX

Rates and Charges

§159-47. Title.   This Part 2 shall be known and may be cited as the “Sewer Rent Law of the Village of Silver Creek, New York”.

§159-48. Establishment of rent.   Pursuant to Article 14-F, entitled “Sewer Rent Law,” of the General Municipal Law, there is hereby established and imposed sewer rents as a means of producing revenue for the sewer system of the Village of Silver Creek.

§159-49. Definitions.   As used in this Part 2, unless the context or subject matter otherwise requires, the following terms shall mean and include the following: SEWER RENTS- A scale of quarterly charges established and imposed in the Village of Silver Creek for service available by the sewer system or any part or parts thereof.   SEWER SYSTEM- All sewer pipes and other appurtenances which are used or useful in whole or in part in connection with the collection, pumping, treatment or disposal of sewage owned, operated or maintained by the village, including sewage pumping stations and sewage treatment and disposal works.   SEWAGE- The water-carried wastes for residences, commercial buildings, industrial establishments or other places.

§159-50. Determination of household units.   Household units shall be determined as follows:

•A.     A single-family dwelling shall constitute one (1) household unit.

•B.     Premises occupied or designated to be occupied by two (2) or more families, including two-family and multifamily dwellings and apartments or apartment houses, shall consist of one (1) household unit for each apartment or living quarters for a separate family unit contained in or on such premises. In the event that such premises also contain space not used for residence purposes, such space shall consist of such a number of additional household units determined by dividing the quarterly water consumption in such space by seven thousand five hundred (7,500) gallons or the household units determined by the formula set forth in Subsection C.

•C.     Premises occupied or designated to be occupied by a separate business or office contained in or on such premises shall be considered one (1) unit of four (4) or fewer persons are employed therein; two (2) units if five (5) to eight (8) persons are employed therein; and three (3) units if nine (9) to twelve (12) persons are employed therein; in the event that the water for such business or office is metered, the village shall have the option of computing units by the formula of seven thousand five hundred (7,500) gallons per quarter consumption as equal to one (1) unit.

•D.     All types of premises supplied with water not described in Subsections A, B and C of this section, including but not exclusive of schools, churches, institutions, motels, hotels, boardinghouses and industrial and commercial establishments, shall constitute that number of household units determined by dividing the quarterly water consumption on said premises by seven thousand five hundred (7,500) gallons. Such premises, however, shall constitute a minimum of two (2) household units; for example, a building comprising two (2) stores using water and two (2) apartments shall constitute a minimum of four (4) household units. [Amended 6-20-11 by L.L. No. 1 2011]

•E.      Water used in a manner so that it will not enter the sanitary sewer need not be included for the purpose of determining household units, provided that it is separately metered, which metering shall be at the expense of the property owner.

•F.      In the event that any parcel of real property in its entirety falls within more than one (1) of the above classifications, that classification which produces the greatest number of household units shall be the one applicable. In the event that any parcel of real property is divisible into two (2) or more classification, the number of household units in each classification shall be determined and the total thereof shall constitute the number of household units applicable to the entire parcel.

§159-51.  Establishment of rates; late charges. [Amended 9-3-1996 by L.L. No. 1-1996; 6-16-1998 by L.L. No. 4-1998]

•A.     The Village Board, by resolution, shall fix and determine the amount of the sewer rent to be charged for each household unit in the Village of Silver Creek and outside the village, as well as establishment of water consumption charges for both resident consumers of water within the village and nonresident consumers of water outside of the village.

•B.     Late charges. In the event that a resident or nonresident consumer shall not pay a sewer bill within 30 days from the due date of said bill, an additional 10% of the total charge shall be added to the amount due as late charge.

§159-52.  (Reserved)1

§159-53.  Payment; penalties.   Sewer rates shall become due and payable quarterly on February 1, May 1, August 1, and November 1 in each year. The Village Board shall quarterly cause a statement to be prepared setting forth the amount of the sewer rents for each of the properties subject thereto and the name of the person in whose name such real property is assessed, which shall be mailed to said person in advance of the aforesaid due dates. Such amounts unpaid 15 days after mailing of said statement shall be collected and enforced, together with a penalty of 10%. Such amount of rents as remain unpaid on May 15 of each year shall be collected and enforced in the same manner and at the same time as provided by law for collection and enforcement of village taxes, together with a penalty of 10%.

§159-54.  Use of revenues.   Revenues derived from sewer rents shall be credited to a special fund to be known as the “Sewer Fund.” Moneys in such fund shall be used only in the manner and for the purposes specified in the order required by the Sewer Rent Law2 of the State of New York.

APPENDIX A Toxic Substances   The following list establishes limits for various toxic substances to regulate industrial discharges at the point of entry into the municipal collection system.   Effluent Concentration Limits                                                                  Thirty-Day Twenty-Four-Hour                                                                    Average                      Average Parameter                                                    (mg/l)                          (mg/l) Cadmium                                                          0.4                               0.8 Hex. Chromium                                                0.2                               0.4 Total chromium                                     4.0                               8.0 Copper                                                                        0.8                               1.6 Lead                                                                0.2                               0.4 Mercury                                                           0.2                               0.4 Nickel                                                              4.0                               8.0 Zinc                                                                  1.2                               2.4 Arsenic                                                 0.2                               0.4 Available chlorine                                           50.0                             50.0 Cyanide-free                                                    0.4                               0.8 Cyanide-complex                                             1.6                               3.2 Selenium                                                           0.2                               0.4 Sulfide                                                              6.0                             12.0 Barium                                                             4.0                               8.0 Manganese                                                       4.0                               8.0 Gold                                                                 0.2                               0.4 Silver                                                                0.2                               0.4 Fluorides: To fresh water                                      4.0                             8.01 To saline water                         36.0                           72.0 Phenol                                                  4.0                               8.0   NOTES: May be multiplied by a factor of one and five-tenths (1.5) if the municipal water supply is not fluoridated.                                         [1] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [2] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [3] Editor’s Note: See Ch. A219. [4] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [5] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [6] Editor’s Note: See Ch. A219, Fees. [7] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [8] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [9] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [10] Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [11] Editor’s Note: See Ch. A219, Fees. [12] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [13] Editor’s Note: See Ch. A219, Fees. [14] Editor’s Note: Appendix A is located at the end of this chapter. [15] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [16] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [17] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. [18] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. 1 Editor’s Note: Former 159-52, Rates specified, added 9-3-1996 by L.L. No. 1-1996, was repealed 6-16-1998 by L.L. No. 4-1998. 2 Editor’s Note: See General Municipal Law §450 et seq.


Chapter 161 Sex Offenders

 

§161-1.            Intent, Purpose and Findings.

§161-2.            Definitions.

§161-3.            Restrictions.

§161-4.            Prospective Effect.

§161-5.            Penalties.

§161-6.            Severability.

§161-7.            Effective Date.

 

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek

8-20-2012 as L.L. No.3-2012. Amendments noted where applicable.]

 

§161-1. Intent, Purpose and Findings. Be it enacted by the Village Board of the Village of Silver Creek, New York, a Local Law to establish this section of the Village Code relative to establishing residency and proximity restrictions in the Village of Silver Creek for Sex Offenders, as follows:

•A.     The highest priority of government is the safety and protection of its residents, especially its children.  The Village of Silver Creek has had placed in its borders registered sex offenders, some of who have committed criminal sexual offenses against minors.

•B.     The Village Board finds and determines that it is essential to assure residents of Silver Creek that the Village government continues to make every effort to protect children from sex offenders.

•C.     This Board further finds and determines that it is in the best interests of the Village citizens to establish residency and proximity restrictions for sex offenders who have committed criminal sexual offenses against minors.

•D.     This Board further finds that residency in close proximity to areas where minors are required to be present or congregate for recreation purposes pose an unacceptable level of danger.

§161-2.  Definitions. As used in this chapter, the following terms shall have the meanings indicated:

SEX OFFENDER – shall mean a person who has received a Level II or III  designation as defined by the Sex Offender Registration Act contained in Article 6-C of the New York State Correction Law. 

§161-3.            Restrictions.

•A.     A sex offender shall not reside within one thousand (1,000) feet of a public or private school, nursery school, pre-school, childcare facility, playground, or park.

•B.     A sex offender shall not enter into any public or private school, nursery school, pre-school, childcare facility, playground, or park.

§161-4.            Prospective Effect. This Law shall not require any person to move from their residence as established prior to the enactment of this law.

§161-5.            Penalties. Any violation of the provisions of this Local Law shall be a Class A Misdemeanor punishable by a fine not exceeding $1,000.00; or imprisonment for a term not exceeding one year; or both such fine and imprisonment.

§161-6.            Severability. If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm, or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

§161-7.            Effective Date. The Local Law shall take effect immediately upon filing with the Secretary of State.


Chapter 164 Signs & Billboards

 

 

$164-1.            Title.

§164-2.            Definitions.

§164-3.            Compliance required.

§164-4.            Permits in nonresidential zones; exemptions; fees.

§164-5.            Signs or billboards not erected on buildings in nonresidential zones; fees.

§164-6.            Permits for home occupations in residential zones; fees.

§164-7.            Permits for off-premises businesses in nonresidential zones; fees

§164-8.            Temporary signs; permits; fees.

§164-9.            Other signs or billboards.

§164-10.          General regulations and standards; renewal fees.

§164-11.          Violation orders; appeals.

§164-12.          Penalties for offenses.

 

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek

6-1-1992 as L.L. No. 2-1992 (§30.14 of the 1983 Code). Amendments noted where applicable.]

 

GENERAL REFERENCES

Antennas-See Ch. 53.

Garage sales-See Ch. 118.

Streets and sidewalks-See Ch. 180.

Zoning-See Ch. 215.

§164-1. Title. This chapter may be known as “A Local Law to Provide the Village of Silver Creek With Rules and Regulations Regarding the Erection, Construction or Maintenance of Signs and Billboards Within the Village.”

§164-2. Definitions.[1] As used in this chapter, the following terms shall have the meanings indicated:

BILLBOARD, STRUCTURAL ADVERTISING- Any commercial outdoor sign, advertising medium, structure or device which advertises, directs or calls attention to any business, article, substance or service which is painted, printed, posted or affixed to any building, billboard, structure, wall, fence, railing, natural object or structure of any kind on real property or upon the ground itself.

SIGN- Any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any structure or surface, but not including signs placed or erected by the Village of Silver Creek, the County of Chautauqua or the State of New York for the purpose of showing street names or traffic directions or regulation or for other public purposes.

§164-3. Compliance required. Any sign or billboard shall be prohibited in the Village of Silver Creek except as hereinafter forth.

§164-4. Permits in nonresidential zones; exceptions; fees.

•A.     Any sign or billboard in other than a residential zone which identifies only the business in the building upon which such sign or billboard is erected shall be permitted upon receiving a permit from the Code Enforcement Officer, who shall issue such permit upon application of the owner of the premises, subject to the following requirements:

•(1)   No sign or billboard shall extend more than four (4) feet above the coping of the roof of the premises.

•(2)   No sign or billboard shall be permitted which endangers the public safety or welfare of the people of the Village of Silver Creek.

•(3)   No sign or billboard or portion of any sign or billboard shall be permitted which moves, revolves or has motion of any type.

•(4)   Signs with a surface area of more than thirty-two (32) square feet are not permitted but may be allowed upon the showing by the applicant of special circumstances, which justify the granting of a special exception to this requirement.

•B.     All applications for sign or billboard permits shall be accompanied by a diagram showing, size, layout, location of lights and placement on the building of the sign, together with an application fee as shall be set forth from time to time by resolution of the Board of Trustees.[2]

§164-5.  Signs or billboards not erected on buildings in nonresidential zones; fees.

•A.     Any sign or billboard in other than a residential zone erected upon the premises, but not on the building where the business it identifies is located, shall be permitted upon receiving a permit from the Code Enforcement Officer, subject to the following requirements and conditions:

•(1)   No sign or billboard or portion of any sign or billboard shall be permitted which moves, revolves or has motion of any type.

•(2)   No sign or billboard shall be permitted which endangers the public safety or welfare of the people of the Village of Silver Creek or which is inharmonious with the character of the neighborhood.

•(3)   Signs of a surface area of more than thirty-two (32) square feet are not permitted but may be allowed upon the showing by the applicant of special circumstances, which justify the granting of a special exception to this requirement. Such special circumstances shall include:

•(a)    The distance of the sign from the nearest right-of-way.

•(b)   The size and nature of signs in the immediate neighborhood.

•(c)    The nature of the applicant’s business and the degree of hardship imposed upon the applicant by requiring the applicant to comply with the above restriction.

B. All applications for sign or billboard permits shall be accompanied by a diagram showing the size, layout, location of lights and placement on the premises of the proposed sign, together with an application fee as shall be set forth from time to time by resolution of the Board of Trustees.[3]

§164-6. Permits for home occupations in residential zones; fees.

•A.     Any sign identifying a permitted home occupation upon the premises pursuant to the provisions of this Village of Silver Creek Code shall be permitted upon receiving a permit from the Code Enforcement Officer, who shall grant such permit upon application of the owner or said premises, subject to the following requirements:

•(1)   No sign shall have a surface area of more than two (2) square feet.

•(2)   No sign shall contain any lighting of any type.

•(3)   No sign shall be located within five (5) feet of any property line or within four (4) feet of a sidewalk.

•(4)   No sign shall be erected upon the roof of any building.

•(5)   No sign shall be permitted which moves, revolves or has motion of any type.

•(6)   All signs shall be consistent and harmonious with the character of the neighborhood in which it is located.

•B.     All applications for sign or billboard permits shall be accompanied by a diagram showing the size, layout and placement on the premises of the proposed sign, together with an application fee as shall be set forth time to time by resolution of the Board of Trustees[4]

§164-7. Permits for off-premises businesses in nonresidential zones; fees.

•A.     Any sign or billboard erected in other than a residential zone, not identifying a business on the building or premises on which it is erected, shall be permitted upon receiving a permit from the Code Enforcement Officer, subject to the following conditions:

•(1)   No sign or billboard shall contain any flashing, blinking or intermittent bulbs or fixtures.

•(2)   No sign shall be permitted which moves, revolves or has motion of any type.

•(3)   No sign or billboard shall be permitted which endangers the public safety or welfare of the people of the Village of Silver Creek or which is inharmonious with the character of the neighborhood.

•C.     All applications for sign or billboard permits shall be accompanied by a diagram showing the size, layout and location of lights on the premises of the proposed sign, together with an application fee as shall be set forth from time to time by resolution of the Board of Trustees.[5]

•D.     No permit shall be granted pursuant to this section until the owner thereof has presented a surety bond with a surety company approved by the Village of Silver Creek, in an amount as shall be set forth from time to time by resolution of the Board of Trustees, which shall be payable to said village in the event of failure to remove said sign upon the expiration of the time intended for the use.[6]

§164-8. Temporary signs; permits; fees.

•A.     Any sign in other than a residential zone shall be permitted upon receiving a permit from the Code Enforcement Officer, subject to the following requirements and conditions:

•(1)   No sign shall be erected closer than four (4) feet to any public sidewalk.

•(2)   No sign shall be greater than five (5) feet in height or nine (9) feet in width.

•(3)   No sign shall be permitted which moves, revolves or has motion of any type.

•(4)   No sign shall be permitted which is contrary to the safety or welfare of the neighborhood.

•(5)   No sign which has received a temporary permit shall be moved to another location on the premises without obtaining a permit for such new location.

•B.     Applicants for temporary sign permits shall be accompanied by an application fee as set forth from time to time by resolution of the Board of Trustees and a brief diagram of the premises showing the location of the proposed sign.[7]

•C.     Temporary sign permits shall be for a period of not more than fourteen (14) days, but may be renewed one (1) time per year by paying an additional application fee for each additional permit for said sign as shall be set forth from time to time by resolution of the Board of Trustees.[8]

•D.     Contractor signs shall be allowed during periods from when the job convenes to final completion. The sign must not be removed if substantial progress on the job is not taking place. Said contractor signs shall conform to the following:

•(1)   The maximum size of the sign shall be ten (10) square feet.

•(2)   The sign must conform to all other temporary sign regulations.

•E.      Household and garage signs shall be permitted in accordance with the following regulation:

•(1)   The maximum size shall be no more than three (3) feet high and three (3) feet wide.

•(2)   The maximum number shall be no more than five (5) signs and permission must be received from the property owners where off-premises signs are located.

•(3)   Location. Signs shall not be placed on trees (except of private property), utility poles, street signs, traffic signs or village property.

•(4)   Signs shall not be illuminated.

•(5)   Signs may be erected one (1) day in advance of the sale and shall be removed on the last day of the sale.

§164-9. Other signs or billboards. Any sign or billboard shall be prohibited in the Village of Silver Creek, with the following exceptions:

•A.     [Amended 10-17-1994 by L.L. No. 2-1994] Signs expressing political views identifying political candidates for an election. Such signs expressing political views or identifying political candidates for an election shall not remain up more than seven (7) days following such election or event. In addition, the following shall apply to such political signs:

•(1)   Signs on residential lots shall be kept four (4) feet inside the sidewalk. If no sidewalk exists, the sign shall be kept ten (10) feet in from the street right-of-way.

•(2)   Signs are not permitted in any street rights-of-way or on any Village of Silver Creek owned properties.

•(3)   Enforcement of political sign violations may be administered by either the Village of Silver Creek Code Enforcement Officer or the Village of Silver Creek Police Department.

•(4)   No political sign shall be permitted which endangers the public safety or welfare of the people of the Village of Silver Creek or obstructs views at any vehicle traffic areas. If signs are found in violation, they may be removed immediately by the Silver Creek Police Department or the Code Enforcement Officer.

•(5)   No political sign shall contain flashing, blinking or intermittent bulbs or fixtures.

•(6)   No political sign shall be permitted which moves, revolves or has any motion of any type.

•(7)   No political sign shall exceed thirty-two (32) square feet in area. The top of the sign cannot exceed eight (8) feet above ground level.

•(8)   Permission from the property owner must be received prior to political sign installation.

•B.     Real estate signs having a surface area of not more than twenty (20) square feet used, designed and intended in connection with the sale, rental or improvement of real property. For said real estate signs the following shall apply:

•(1)   Signs are permitted only on the property being rented, sold or improved.

•(2)   Additional signs (for example, for an open house), may be placed on other property with the permission of the owners, on that day only.

•(3)   Signs are not to be placed in street rights-of-way or on Village of Silver Creek properties.

•(4)   Signs must be set back a minimum of four (4) feet from public sidewalks.

•(5)   Such signs shall not remain up more than seven (7) days after the sale, rental or improvement is completed.

[Added 10-17-1994 by L.L. No. 2-1994]

•C.     Signs identifying schools, libraries and other buildings are subject to the following requirements and conditions:

•(1)   No sign in any residential district shall have a surface area in excess of twenty (20) square feet.

•(2)   No sign shall contain any flashing, blinking or intermittent bulbs or fixtures.

•(3)   No sign shall revolve or have any motion of any type.

•(4)   No sign shall be erected closer than ten (10) feet from the nearest property line.

•D.     Directional signs designating one-way driveways when not over two (2) square feet in area permitted.

§164-10. General regulations and standards; renewal fees.

•A.     Every permitted sign must be constructed of durable materials and kept in good condition and repair.

•B.     Any sign, which is allowed to become dilapidated, may be removed by the Village of Silver Creek at the expense of the owner or lessee of the property on which it is located after appropriate notice and hearing.

•C.     No sign shall be so located that the sign might interfere with traffic or be confused with or obstruct the view or effectiveness of any official traffic sign, signal or marking.

•D.     No sign shall be located which shall prevent free ingress or egress from any window, door or fire escapes.

•E.      No sign shall be placed so that it will obscure light and/or air movement from a building.

•F.      If a use ceases for a period of one (1) year, all signs must be removed.

•G.     New York State highway regulations related to outdoor advertising shall also apply where applicable.

•H.     Primary signs shall not be painted on buildings.

•I.        The maximum height of freestanding signs in the Business and Industrial District[9] is thirty (30) feet from the ground to the top of the sign. A setback of fifteen (15) feet from the edge of the street shall be required.[10]

•J.       All signs shall have sidewalk clearance of ten (10) feet to bottom of the sign.

•K.    Sign permits are for a period of five (5) years, except as otherwise provided.[11]

•L.      Except as otherwise provided herein, a permit required by and issued in accordance with this chapter shall be valid until the general sign permit expiration date as established herein. Upon notice to renew and prior to the expiration of the period for which the sign is valid, the owner of such sign shall pay the required renewal fee. The renewal fee shall be as set forth from time to time by resolution of the Board of Trustees.[12] Where the Code Enforcement Officer, after inspection, determines that the sign is in good repair and maintained in accordance with the original permit, a renewal of such permit shall be issued, which shall again be valid for a period of five (5) years. Where the Code Enforcement Officer determines that the sign is not in good condition or not maintained in accordance with the original permit or where a modification of such sign is sought, application shall be made for a new permit in accordance with the provisions of this chapter. Failure to pay the renewal fee within thirty (30) days after the general sign permit expiration date shall cause the sign to become illegal and require its immediate removal.[13]

•M.   Where a permanent sign has been erected without a permit, no subsequent application for a sign permit shall be considered by the Code Enforcement Officer until the sign has been fully and securely covered from public view. An additional fee, equal in amount to the application fee, shall be paid to cover the cost of inspection for compliance.

§164-11. Violation orders; appeals.

•A.     A person owning, operating, occupying or maintaining property or premises within the scope of this chapter shall comply with all the provisions of this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.

•B.     Whenever the Code Enforcement Officer finds that there has been a violation of this chapter or any rule or regulation adopted pursuant to this chapter, a violation order shall be issued to the person or persons responsible.

•C.     Violation orders shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance and shall state the time within which an appeal may be taken.

•D.     Violation orders may be served by personal service, by mailing registered or certified mail or by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible.

•E.      In case the owner, lessor, occupant or the agent of any of them fail, neglect or refuse to move, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made.

§164-12. Penalties for offenses.

•A.     Failure to comply with any provisions of this chapter, rule or regulations adopted pursuant to this chapter or a violation order shall be deemed a violation, and the violator shall be liable for a fine of not less than fifty dollars ($50.) and not more than five hundred dollars ($500.) or imprisonment not to exceed fifteen (15) days, or both, and each day such violation continues shall constitute a separate violation.[14]

•B.     An action or proceeding in the name of the Village of Silver Creek may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provisions of this chapter, rule or regulation adopted pursuant to this chapter or a violation order.

 

 

[1] Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[2] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. See also Ch. A219, Fees.

[3] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. See also Ch. A219, Fees.

[4] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. See also Ch. A219, fees.

[5] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. See also Ch. A219, Fees.

[6] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. See also, Ch. A219, Fees.

[7] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. See also Ch. A219, Fees.

[8] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. See also Ch. A219, Fees.

[9] Editor’s Note: See Ch. 215, Zoning.

[10] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[11] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[12] Editor’s Note: See Ch. A219, Fees.

[13] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[14] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

 


 

Chapter 167 Skateboards & Inline Skates

 

§167-1.            Applicability.

§167-2.            Definitions.

§167-3.            Use on roads and highways.

§167-4.            Emergences from alleys, driveways and buildings.

§167-5.            Standing, storage or parking of skateboard.

§167-6.            Operation on sidewalks.

§167-7.            Reflective clothing and other equipment.

§167-8.            Responsibility of parent or guardian.

§167-9.            Penalties for offenses.

 

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek

3-3-1998 by L.L. No. 2-1998. Amendments noted where applicable.]

§167-1. Applicability.

This chapter, applicable to skateboards, skates and in-line skates, shall apply whenever a skateboard or in-line skates are operated on any street or upon any highway or upon any sidewalk or any place where pedestrians walk.

§167-2. Definitions.As used in this chapter, the following terms shall have the meanings indicated:

REFLECTIVE CLOTHING- Any shirt, vest, jacket or any other readily visible piece of apparel equipped with a reflective surface, such as phosphorescent tape or an equivalent reflective surface.

SKATES and IN-LINE SKATES- Boots or shoes with one or more rows of wheels attached to the soles.

SKATEBOARD- A single platform mounted on wheels having no mechanism with which to steer or control the direction or movement while being operated.

§167-3. Use on roads and highways. Every person operating a skateboard, skates or in-line skates upon a highway, road, road or street, dedicated or otherwise, shall operate in the same strict observance of all laws applicable to a vehicle and the use thereof and in compliance with all rules of the road applicable to the operation of a vehicle and in compliance with all traffic laws, except those provisions of laws which, by their nature, can have no application.

§167-4. Emergence from alleys, driveways and buildings. The operator of a skateboard, skates or in-line skates, emerging from an alley, driveway or building, shall upon approaching a sidewalk, yield the right-of-way to all pedestrians approaching on said sidewalk.

§167-5. Standing, storage or parking of skateboard. No person shall stand, park or otherwise place in a position of temporary storage a skateboard upon a highway, street, sidewalk or against any building abutting a sidewalk in such a manner that shall obstruct or render injury to a pedestrian or interfere with vehicular traffic.

§167-6. Operation on sidewalks.

•A.     No person shall ride a skateboard or use skates or in-line skates upon a sidewalk within any business district.

•B.     Whenever any person shall operate a skateboard or use skates or in-line skates upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.

§167-7. Reflective clothing and other equipment. No person shall operate a skateboard or use skates or in-line skates at night unless he or she is wearing reflective clothing, which shall be visible from a distance of not less than fifty (50) feet and a maximum of three hundred (300) feet from the front, side and rear of the skate board, skates or in-line skates when directly in front of the lawful beams of a headlight on a motor vehicle.

§167-8. Responsibility of parent or guardian. The parent of the minor child or the guardian of any minor child shall not authorize or knowingly permit any such child to violate any of the provisions of this chapter.

§167-9. Penalties for offenses.

•A.     Any person or persons violating any provision of this chapter shall be guilty of an offense and shall forfeit and pay a fine of not more than twenty-five dollars ($25.) for each offense.

•B.     Any skateboard operated in violation of this chapter may be impounded. The Village of Silver Creek shall store such impounded skateboards in a secure location. No impounded skateboards may be released until all storage costs and fees have been paid. The violator shall be responsible for the payment of all such costs and fees. The per diem storage fee and the impound fee shall be as set by the resolution of the Board of Trustees from time to time.

•C.     Any skateboard not redeemed within thirty (30) days shall become the property of the Village of Silver Creek.

 


Chapter 174 Solid Waste

 

ARTICLE I

Recycling

§174-1.            Definitions.

§174-2.            Requirements; unlawful acts.

§174-3.            Collection.

§174-4.            Penalties for offenses.

§174-5.            Enforcement.

 

ARTICLE II

Garbage and Other Refuse

§174-6.            Definitions.

§174-7.            Depositing on streets.

§174-8.            Dumping.

§174-9.            Disposal and accumulation on private property.

§174-10.          Receptacles.

§174-11.          Bulky material.

§174-12.          Schedule of collection.

§174-13.          Contract for collection and disposal.

§174-14.          Collection of costs.

§174-15.          Enforcement.

§174-16.          Penalties for offenses.

 

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek: Art. I, 4-16-1990 as L.L. No. 1-1990 (§65.63 of the 1983 Code); Art. II, at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds-See Ch. 60.

Outdoor burning-See Ch. 74.

Littering-See Ch. 135.

Trees and shrubs-See Ch. 190.

ARTICLE I

Recycling

[Adopted 4-16-1990 as L.L. No. 1-1990; (§65.63 of the 1983 Code)]

§174-1. Definitions.

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

RECYLABLES- Discarded material which may be reclaimed, comprising solid waste in the form of newspapers, soft plastic containers, clear container glass, green container glass, brown container glass and food cans, bi-metal, tin-coated and aluminum.

 

§174-2. Requirements; unlawful acts. The following shall apply to the collection and separation of recyclables within the village:

•A.     It shall be the responsibility of all residents to separate recyclables from all residential solid waste and place them out for collection in the following manner:

•(1)   Corrugated cardboard, newspapers, food cans, soft plastic containers and clear and white container glass shall be placed in separate containers supplied by the residents. Newspapers must be placed in a paper bag or tied in bundles. Cardboard must be flattened and tied.

•(2)   Prior to placement for collection and removal, all food cans shall be washed, with contents and labels removed. Caps and lids shall be removed from glass recyclables. All acceptable glass container recyclables shall be clean and all contents removed therefrom.

•(3)   Recyclables for collection shall be placed in suitable containers provided by the residents and placed at curbside on the date prescribed by the village.

•(4)   Recyclables shall not be placed in the same container as or otherwise mixed with other forms of solid waste. The village will not be responsible to collect recyclable material which is placed in such a fashion.

•(5)   From the time of placement of recyclables at the curb by any resident, ownership of such materials set out for collection shall thereupon vest in the Village of Silver Creek. It shall be unlawful for a person to collect, remove, damage or dispose of recyclables which are the property of the Village of Silver Creek. Each such collection in violation hereof from one (1) or more residents shall constitute a separate and distinct offense.

•B.     From time to time, the County of Chautauqua shall notify the village as to what items are considered recyclable. The village shall inform the residents by means of an announcement in the official newspaper. After the announcement has been published, that list shall constitute the definition of “recyclables” for purposes of this Article and shall be dealt with as described herein.

•C.     All nonrecyclable garbage shall be placed at curbside in a plastic garbage bag which must be purchased from the village.[1]

•D.     It shall be unlawful for a person to collect from a resident and dispose of solid waste, which consists of recyclables combined with other forms of solid waste.

§174-3. Collection. The Village Board is empowered to designate the day of the week on which recyclables shall be collected and removed from a particular area. Recyclables shall not be collected or moved from any area except on the day of the week designated. The Village Board or its duly authorized agent shall be permitted, from time to time; to promulgate such other rules or regulations as may be necessary to effectuate the intent of this Article.

§174-4. Penalties for offenses.[2] A person convicted of violating any provision of this Article shall be guilty of a violation which is punishable by a fine of not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) or by imprisonment of not more than fifteen (15) days, or by both such fine and imprisonment.

§174-5. Enforcement. It shall be the duty of the Village Police and the Code Enforcement Officer and/or their duly appointed agent, police and peace officers to administer and enforce the provisions of this Article.

 

ARTICLE II

Garbage and Other Refuse

[Adopted at time of adoption of Code[3]]

 

§174-6. Definitions. As used in this Article, the following terms shall have the meanings indicated:

ASHES- The residue of the combustion of any type of solid fuel, such as wood, coal, coke, charcoal or like substance.

GARBAGE- All waste or animal, fish, fowl, fruit or vegetable matter produced from or resulting from the use and storage of food for human consumption.

REFUSE- All discarded, relatively dry, miscellaneous refuse material, including wood, paper, newspaper, rags, excelsior, straw, leather, rubber, boxes, sweepings from buildings, tree trimmings, leaves, grass, tin cans, tinware, metal, metallic substances, bottles, glassware, earthenware and other discarded articles of a similar nature.

§174-7. Depositing on streets.No person shall throw or scatter or cause to be thrown or scattered or deposited any ashes, refuse or garbage or any other material upon the streets or public places in the Village of Silver Creek

§174-8. Dumping. No person shall deposit or cause to be deposited upon any property within the corporate limits on the Village of Silver Creek any garbage or refuse, and dumping is hereby prohibited, except that ashes may be used to fill in lowland in excavated areas; provided, however, that they shall be immediately covered with at least four (4) inches of dirt. No garbage, refuse, ashes or other obnoxious or contaminating substance shall be deposited or thrown in any running water, stream or other body of water within the Village of Silver Creek. No garbage, refuse or ashes shall be allowed to accumulate upon any property within the corporate limits of the Village of Silver Creek so that the same shall become obnoxious, unsightly or offensive.

§174-9. Disposal and accumulation on private property.

•A.     Nothing contained in this Article shall be constructed to prohibit any person or householder from the disposing of garbage and refuse in the home by means of household incinerators or other garbage disposal devices, provided that the same produce no smoke or are not nuisances or hazards.

•B.     No person shall suffer or permit garbage, refuse or ashes to collect or remain upon the premises owned or occupied by said person so that the same shall become offensive or dangerous to the public health or to any person or property.

•C.     Any person allowing garbage, refuse or ashes to accumulate or collect upon said person’s premises, whether as owner, tenant, lessee or occupant, shall be subject to a fine and penalty as hereinafter provided in §174-16. If the same are not immediately removed and are allowed to remain, each day shall constitute a separate offense and shall subject such owner, lessee or occupant to an additional fine and penalty for each day they so remain.

§174-10. Receptacles. Every owner, lessee, tenant or occupant of any building, premises or place of business in the Village of Silver Creek where garbage or refuse is made or accumulated shall provide or cause to be provided and at all times hereafter shall keep, within such building or upon the premises or place of business, suitable receptacles in accordance with the laws and regulations of the Village of Silver Creek, as such may be changed or modified, for receiving and holding, without leakage, all garbage and refuse that may accumulate from said building, place of business or upon said premises or any portion thereof of  which said person may be the owner, tenant, lessee or occupant. Said receptacles shall not be of greater capacity than as receptacles for garbage and refuse and shall be kept in a sanitary condition at all times. Also, rubbish may be securely sacked.

§ 174-11. Bulky materials.   

•A.     Scrap metal pickup shall be provided once per month pursuant to the schedule established by the Board of Trustees

•B.     Appliances containing freon must be serviced by an authorized person, and said freon must be removed. Said authorized agent must place a tag on said appliance giving notice to the collector that freon has been removed. No appliance containing freon shall be collected.

•C.     The disposal of tires, building and demolition material shall be the sole responsibility of individual residents.

§ 174-12.  Schedule of collection.

•A.     All rubbish and garbage shall be placed in Village of Silver Creek bags, heavy items that are likely to tear the bags should be placed in a container other than cardboard, lined with a Village of Silver Creek bag. Large items (couch, chairs, mattress, etc., excluding heavy metal and brush) must have a Village of Silver Creek bag attached to each piece.

•B.     No rubbish or garbage shall be placed at the curb prior to 6:00 p.m. of the evening before the day of collection, and not after 6:00 a.m. of the day of collection.

•C.     No rubbish or garbage will be picked up if not placed at the curb on time, and it shall be the residents’ responsibility to remove such material from the curb until the next scheduled collection day.

•D.     Rubbish and garbage will not be picked up if not properly tied or bagged.

•E.      Non-disposable containers must be removed from the curb area prior to 7:00 p.m. of the date of pickup.

•F.      During the week of a holiday- New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, collection will be one day late.

The Board of Trustees may by resolution adopt, modify or repeal the schedule or schedules of collection for the various sections of the village. Garbage, refuse and ashes shall be ready for collection at the time fixed in such schedule.

§ 174-13. Contract for collection and disposal. The Board of Trustees of the Village of Silver Creek shall have the right from time to time to hire or contract with one (1) or more persons, firms or corporations upon such terms and conditions as such Board shall provide for the collection and disposal of garbage, refuse and ashes. Such contract shall be awarded upon competitive bidding for the same after publication of a request for bids in the official newspaper of the village. The Board of Trustees may at any time hereafter establish a municipally operated collecting service for garbage, refuse and ashes and may purchase such equipment as may be necessary for the proper operation of the same.

§ 174-14. Collection of costs.            

•A.     The Board of Trustees shall pay the cost of such garbage and refuse collection from the income of the village derived from taxation upon the taxable property of said village and may borrow, from time to time, for the purchase of equipment and land by the issuance of bonds and notes as provided by and subject to the provisions of the Local Finance Law and other statutes of the State of New York and shall levy a tax for the payment thereof on the taxable property of said village.

•B.     The Board of Trustees may establish any rate or rates to be paid for the services rendered pursuant to this Article on behalf of any school, hospital, county building, church or other premises not subject to taxation, which such services have been contracted for by such institution, municipality, church or premises within the village.

§ 174-15.  Enforcement. It shall be the duty of the Village Police, Code Enforcement Officer, Department of Public Works Supervisor and/or their duly appointed agent, police and peace officers to administer and enforce the provisions of this Article.

§ 174-16. Penalties for offenses. A violation of this Article may be punishable, by a fine of not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) or by imprisonment of not more than fifteen (15) days, or both such fine and imprisonment.

[1] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[2] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[3] Editor’s Note: See Ch. 1, General Provisions, Art. I.

 


Chapter 180 Streets & Sidewalk

 

ARTICLE I

General Provisions

 

§180-1.            Title.

§180-2.            Building materials in streets prohibited; exception.

§180-3.            Erection of wires and poles.

§180-4.            Coasting; sliding.

§180-5.            Riding bicycles on sidewalks.

§180-6.            Penalties for offenses.

 

ARTICLE II

Street Openings

 

§180-7.            Permit required; bond; fees.

§180-8.            Barricades and warning devices.

§180-9.            Filling of excavations; restoring surface.

§180-10.          Provisions for public service corporations; bond.

§180-11.          Applications for excavations; bond.

§180-12.          Authority of Street Superintendent; supervision.

§180-13.          Penalties for offenses.

 

ARTICLE III

Notification of Defects

 

§180-14.          Notification required.

§180-15.          Recordkeeping.

§180-16.          Construal of provisions; liability.

 

ARTICLE IV

Maintenance of Sidewalks

 

§180-17.          Duty of owner or occupant.

§180-18.          Maintenance; notice to repair.

§180-19.          Failure to pay; collection of costs.

§180-20.          Construction requirements.

§180-21.          Repair; replacement.

§180-22.          Penalties for offenses.

 

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek: Art. I, 2-7-1983 as Ch.44, Art. I, of the 1983 Code; Art. II, 2-7-1983 as Ch. 44, Art. II, of the 1983 Code; Art. III, 4-7-1986 as L.L. No. 1-1986; Art. IV, at time of adoption of Code (see Ch.1, General Provisions, Art. I) Amendments noted where applicable.]

 

GENERAL REFERENCES

Garage sales-See Ch. 118.

Peddling and soliciting-See Ch. 145.

Trees and shrubs-See Ch. 190.

Vehicles and traffic-See Ch. 201.

 

ARTICLE I

General Provisions

[Adopted 2-7-1983 as Ch.44, Art. I, of the 1983 Code]

 

§180-1. Title. This Article shall be known and may be cited as the “Streets and Public Places Law of the Village of Silver Creek, New York.”

§180-2. Building materials in streets prohibited; exception.

•A.     No person shall place or cause to be placed any stones, lumber or other building materials in or on any gutter, pavement, and sidewalk or within the public right-of-way.

•B.     Exception. The Board of Trustees may permit building material to be temporarily deposited in the public right-of-way, provided that such material shall be located so as to afford free and safe passage by the public and that suitable safeguards and warning devices shall be maintained to protect the public.1 It shall be unlawful for any person to place, store, or keep upon any street, alleyway, public parking lot or public right of way within the Village of Silver Creek, any portable or fixed object including and not limited to a basketball hoop and net, skateboard, roller blade or bicycle ramps, and/or any other type of device, object or piece of recreational equipment without the express permission of the Board of Trustees. Any violation of this article shall be punished by a fine of not less than fifty ($50.) nor more than five-hundred ($500.) or imprisonment for not more than fifteen (15) days, or both such fine and imprisonment as prescribed in Section 180-6 of this statute. 2

§180-3. Erection of wires and poles. It shall not be lawful for any person to erect or cause to be erected any telegraph, telephone or electric light pole in or upon any street, lane, alley or public grounds or to string any wires in, over or upon the streets or public grounds or upon, over or in front of any building or buildings without the consent of the Board of Trustees.

§180-4. Coasting; sliding. It shall not be lawful for any person to engage in coasting or sliding upon any street, sidewalk, alley or public grounds in said village without permission of and under the regulations adopted by the Board of Trustees.3

§180-5. Riding bicycles on sidewalks. No persons except children under sixteen (16) years of age shall ride a bicycle upon any sidewalk within the Village of Silver Creek.

§180-6. Penalties for offenses.5 Any violation of this Article shall be punished by a fine of not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) or imprisonment for not more than fifteen (15) days, or both such fine and imprisonment.

ARTICLE II

Street Openings

[Adopted 2-7-1983 as Ch. 44, Art. II, of the 1983 Code]

§180-7. Permit required; fees.

•A.     Application. No person shall open or cause to be opened by cutting or digging the surface, pavement or soil in any street, highway or public place under the jurisdiction of the village without first obtaining the written permit of the Street Superintendent and complying with the provisions and conditions relating thereto as hereinafter provided.

•B.     Fees, deposits and bonds. The Board of Trustees shall by resolution establish a uniform set of fees, deposits or payment bonds and the principal amount of public liability bonds which shall be based upon the estimated actual costs to the village to supervise the work, to restore the street improvement to its original condition and the exposure of liability.6 The Board of Trustees may, from time to time, change such requirements to reflect changes in costs and expenses.

§180-8. Barricades and warning devices. Any person making or causing to be made any such excavation in the streets, highways or public places of the village shall properly guard or barricade such excavation at all times and install and maintain adequate and sufficient warning devices to warn the public and shall restore the street, highway or public property to its former usefulness according to §180-9 below of this Article.

§180-9. Filling of excavations; restoring surface. All excavated materials shall be removed, following which all openings shall be carefully backfilled for their entire length, width and depth in the street or highway area, including the area between the curb and the property line, with bank-run gravel or crushed stone, well-tamped. Additional bank-run gravel or crushed stone shall be added by the permittee as long as any settlement occurs, following which the pavement, curbing or other improvements shall be restored by the village or permittee as required by the Street Superintendent.

§180-10. Provisions for public service corporations; bond.

•A.     Bond in lieu of paying fees or deposits. Public service corporations may, in lieu of paying the fees or deposits established pursuant to §180-7 of this Article, file with the Village Clerk a bond to be approved as to form, amount and sufficiency of sureties by the Village Attorney, conditioned upon the proper restoration of streets, highways and public places, in accordance the directions of the Street Superintendent and to the Street Superintendent’s satisfaction; the payment to the village, upon demand, of any costs and expenses incurred by said village; and the saving of the Village of Silver Creek, its officers and employees harmless from any loss, injury or damage due to opening streets, highways or public places or to any negligence or fault of such corporations, their employees or agents in connection therewith

•B.     Separate permits not required; amount of bond. All persons engaged within the Village of Silver Creek in the telephone, gas or electric business or any other business, the nature of which would require or result in frequent applications for permits to make obstructions or excavations in the streets, highways or public places of the village, shall not, however, be required to obtain separate permits, but in all such cases, a general bond shall be given in lieu of any permit indemnifying the Village of Silver Creek from any and all loss, cost or damage as aforesaid resulting or arising directly or indirectly at any time from any act done by said public service corporation. Said bond shall be in the amount as determined by the Board of Trustees and shall be renewed annually or as long as such person continues to do business within the Village of Silver Creek.

•C.     Notification required.

•(1)   Notwithstanding the forgoing, public service corporations shall advise the street Superintendent, in writing, as soon as feasible but no later than thirty (30) days prior to making any obstructions or excavations of its intention to do so, except in case of emergency, in which event notification shall be made as soon as possible prior to or after the emergency and need not be in writing.

•(2)   The Street Superintendent shall have the power and authority to direct any public service corporation to coordinate its work with the village, its independent contractors or other persons authorized to make excavations or work in streets, highways or public places.

•D.     Backfilling requirements. Excavations made by a public service corporation must be backfilled by it with bank-run gravel or crushed stone in accordance with the provisions of §180-9 of this Article, except that the pavement, curbing and other improvements must be restored by and at the expense of said corporation.

§180-11. Applications for excavations; bond.

•A.     Applications. Applications for making an excavation in or upon any public street, highway or other public place within the Village of Silver Creek will be accepted only if they are made by:

•(1)   A public service corporation having on file with the Village Clerk a bond as required in §180-10 of this Article.

•(2)   Any other person whose application shall be accompanied by a public liability bond in the amount as determined by the Board of Trustees, approved as to form and sufficiency of sureties by the Village Attorney, to be given by the person by or in whose behalf such consent or permission is requested, indemnifying the Village of Silver Creek against all loss, cost, damage or expense sustained or recovered on account of any negligence, omission or act of the applicant, and a performance bond or cash deposit as required by §180-7.

B. The Board of Trustees may in its discretion accept a certificate of insurance in        an amount determined by it revocable only on thirty (30) days’ notice in lieu of the aforesaid public liability bond.

§180-12. Authority of Street Superintendent; supervision. All work done pursuant to this Article shall be done and performed subject to the supervision and approval of the Street Superintendent.

§180-13. Penalties for offenses.7 Violations of any provisions of this Article are punishable, upon conviction thereof, by a fine of not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) or imprisonment of not more than fifteen (15) days, or both such fine and imprisonment.

 

ARTICLE III

Notification of Defects

[Adopted 4-7-1986 as L.L. No. 1-1986]

 

§180-14. Notification required.

•A.     No civil action shall be maintained against the Village of Silver Creek for damages or injuries to person or property sustained by reason of any highway, bridge, culvert, road or sidewalk being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, unsafe, dangerous or obstructed condition was actually given to the Village Clerk or the Village Board and that there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of, or, in the absence of such notice, unless such defective, unsafe, dangerous or obstructed condition existed for so long a period that the same should have been discovered and remedied in the exercise of reasonable care and diligence; but no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, culvert, road or sidewalk, unless written notice thereof, specifying the particular place, was actually given to the Village Clerk or the Village Board and otherwise reasonably safe within a reasonable time after the receipt of such notice.

•B.     The Village Clerk shall transmit any such written notice to the Village Board at the next regular meeting.

§180-15. Recordkeeping. The Village Clerk shall keep an indexed record, in a separate book, of all written notices which are received of the existence of such defective, unsafe, dangerous or obstructed condition in or upon or of an accumulation of ice or snow upon any highway, bridge, culvert, road or sidewalk, which record shall state the date of receipt of the notice, the nature and location of the condition stated to exist and the name and address of the person from whom the notice is received. The record of each notice shall be preserved for a period of five (5) years after the date is received.

§180-16. Construal of provisions; liability.

•A.     Nothing herein contained shall be construed to relieve a claimant of the obligation to serve a notice of claim as provided in §50-e of the General Municipal Law. Further, nothing contained in this Article shall be held to repeal or modify or waive any existing requirement or statute of limitations which is applicable to these classes of actions, but, on the contrary, shall be held to be additional requirements of the right to maintain such action. If any clause, sentence, phrase, paragraph or any part of this Article shall for any reason be adjudged finally by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the reminder of this Article but shall be confined to its operation and effect to the clause, sentence, phrase, paragraph or part thereof directly involved in the controversy or action in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that the remainder of this Article would have been adopted had any such provision not been included.

•B.     Nothing herein shall be construed to imply and/or impose responsibility and/or liability upon the village for any highway, bridge, culvert, road or sidewalk.

ARTICLE IV

Maintenance of Sidewalks

[Adopted at time of adoption of Code8]

 

§180-17. Duty of owner or occupant. It shall be the duty of all persons owning or occupying or having charge of any building or vacant lot adjacent to any street in the Village of Silver Creek to keep the sidewalk in front of said premises in a clean and sanitary manner and free from the accumulation of snow, ice or water and to prevent the falling of snow, ice or water from any such building upon the street or sidewalk. In case any such person, owner or occupant shall fail to comply with the provisions of this section, the Village of Silver Creek may cause the same to be cleaned according to the provisions of this section, and all expenses incurred shall be paid by such owner, occupant or person having charge of such premises within thirty (30) days of billing by the Village of Silver Creek. If payment is not made within said thirty-day period, the expenses incurred by the Village of Silver Creek may be imposed and collected against the property affected in the same manner as provided by law for the collection of delinquent taxes.

 

§ 180-18. Maintenance; notice to repair.   

 

The owner of any public sidewalk within the village shall keep the same in good repair, and if the owner fails to do so, the Village Clerk shall notify said owner, in writing, by mail addressed to the owner’s address as shown by the village assessment rolls,8 demanding that said owner shall cause the sidewalk to be repaired to conform to the requirements of this Article within thirty (30) days of the receipt of the notice. Upon the failure of said owner to repair such sidewalk within said period of time, the village may then repair said sidewalk at the owner’s expense, and the Village Clerk shall bill the owner by mail for the reasonable expenditures incurred by said village in making said installation. On any claim presented for bodily injury or property damage on the sidewalk, the adjoining or abutting property owner shall be held liable in tort for such damages to another by reason of omission, failure or negligence to make, maintain, or repair such sidewalk. Alternatively, should the Village of Silver Creek be called upon to make such payment to a third party, the Village will look to the adjoining/abutting landowner for contribution and indemnity.

 

§ 180-19. Failure to pay; collection of costs.

 

Not later than the first day of April of each year, the Village Clerk shall submit to the Board of Trustees a report showing the names of any owners who have failed to pay any bill rendered to said owners pursuant to § 180-18 herein during the previous twelve (12) months, together with the amount of said unpaid bills, and the Board of Trustees, upon receiving said report, shall direct that said unpaid amounts be assessed against the real property of said owner which abuts the public streets as of the following June 1, and said amounts shall become a lien  against said real property at said time and shall be collected along with the current village taxes.

 

§ 180-20. Construction requirements.

•A.     All new or replacement sidewalks shall be of concrete measuring five (5) feet by five (5) feet and a minimum thickness of four (4) inches for residential areas, with six (6) inches for driveway entrances. The scoring of concrete will be five-foot minimum, with a cut through at every twenty (20) feet. Concrete shall be Class A, with minimum compressive strength of four thousand (4,000) pounds per square inch at twenty-eight (28) days and of customary proportions, with air entrainment of six percent (6%) by volume and with an allowable tolerance of plus or minus one and five-tenths percent (1.5%) for total air content. Slump for concrete shall be between three (3) to five (5) inches. The thickness of sidewalks shall be four (4) inches. At driveways, at handicap ramps or where the sidewalk is adjacent to a parking area, the thickness shall be six (6) inches. Any variance must be approved by the Superintendent of Public Works. Copies of the concrete invoices must be provided to the Superintendent of Public Works.

 

•B.     All commercial area sidewalks will be as residential, but driveways will be six-inch four-thousand-pound concrete, with one-eighth-inch diameter mesh wire. Finished top for all concrete sidewalks will be a wood float or a broom finish only.

 

•C.     There will not be any blacktop sidewalks in the village limits. When a blacktop sidewalk is to be replaced, it will be replaced with concrete.

 

•D.     All edges will be two-inch, and all blocks will be the two-inch score.

 

•E.      Driveway culvert   pipe, when replacement of new installation is necessary, shall be a minimum of twelve (12) inches in diameter and a larger size if deemed necessary by the Superintendent of Public Works.

 

•F.      Application and specifications are available from the Village Clerk.

 

§ 180-21.  Repair; replacement.           

 

•A.     The village shall adopt a policy of reimbursing residents for a portion of the cost of new sidewalks. The rate of reimbursement shall be determined at the annual meetings of the Board of Trustees.

 

•B.     Failure of the Village Board to budget funds for repair or replacement of sidewalks shall in no way excuse any property owner from properly maintaining, repairing, constructing or replacing sidewalks in accordance with any order issued by the Village Board.

 

§ 180-22.  Penalties for offenses.            

 

Violations of any of the provisions of this Article are punishable, upon conviction thereof, by a fine of not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) or by imprisonment of not more than fifteen (15) days, or both such fine and imprisonment.

1 Editor’s Note: Amended at time of adoption of Code; see Ch.1, General Provisions, Art. I. In addition,      former Subsection B, Goods, wares and merchandise, which immediately followed the subsection, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

2 Editor’s Note: Added by the Village of Silver Creek Board of Trustees at a public hearing February 17, 2009 as L.L. No. 1 of 2009.

3 Editor’s Note: Former §44.5, Handbills and advertising material, and §44.6, Spitting on sidewalks, etc., which immediately followed this section, were deleted at time of adoption of Code: see Ch. 1, General Provisions, Art. I.

4 Editor’s Note: Added at time of adoption of Code; see Ch.1, General Provisions, Art. I.

5 Editor’s Note: Amended at time of adoption of Code; see Ch.1, General Provisions, Art. I.

6 Editor’s Note: See Ch. A219, Fees.

7 Editor’s Note: Added at time of Adoption of Code; see Ch. 1, General Provisions, Art. I.

8 Editor’s Note: See Ch. 9, Assessment.


Chapter 186 Taxation

 

ARTICLE I

Utility Tax

§186-1.            Imposition of tax.

§186-2.            Definitions.

§186-3.            Recordkeeping by utility.

§186-4.            Filing requirements.

§186-5.            Payments.

§186-6.            Sufficiency of return; hearing.

§186-7.            Notice.

§186-8.            Failure to file.

§186-9.            Refund.

§186-10.          Tax to be part of operating costs.

§186-11.          Failure to pay; cost to become lien.

§186-12.          Rules and regulations; powers of Village Treasurer.

§186-13.          Disclosure; penalties.

§186-14.          Disposition to general fund.

ARTICLE II

Senior Citizens Tax Exemption

§186-15.          Partial exemptions granted.

§186-16.          Limitations.

§186-17.          Notice of eligibility.

§186-18.          Annual application required.

§186-19.          Notice to applicants.

§186-20.          Penalties for offenses; forfeiture.

ARTICLE III

Veterans Tax Exemption

§186-21.          Exemption status.

§186-21.1.       Cold War Veteran’s Exemption.

§186-21.2.       Alternate Veteran’s Exemption

 

ARTICLE IV

Persons with Disabilities and Limited Incomes Real Property Tax Exemption

 

§186-22.          Purpose.

§186-23.          Maximum Allowance Income.

 

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek: Art. I, 2-7-1983 as Ch. 25 of the 1983 Code; Art. II, 2-7-1983 as Ch. 81 of the 1983 Code; Art. III, 10-1-1984 as L.L. No. 2-1984; Art. IV, 12-15-2008 as L.L. No. 3-2008. Amendments noted where applicable.]

 

 

updated 092012

 

ARTICLE V

 

A local law authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c

§186-24.          Legislative Intent.

§186-25.          Authority.

§186-26.          Tax Levy Limit Override.

§186-27.          Severability.

§186-28.          Effective Date.

 

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 1-17-2012 as L.L. No. 1-2012. Amendments noted where applicable.]

 

GENERAL REFERENCES

Assessment-See Ch. 9.

 

 

ARTICLE I

Utility Tax

[Adopted 2-7-1983 as Ch. 25 of the 1983 Code]

 

§186-1. Imposition of tax.[1]

 

Pursuant to the authority granted by §5-530 of the Village Law of the State of New York, a tax equal to one per centum (1%) of its gross income from and after the first day of February 1969 is hereby imposed upon every utility doing business in the Village of Silver Creek, New York, which is subject to the supervisions of the State Department of Public Service, which has a gross income for twelve (12) months ending May 31 in excess of five hundred dollars ($500.), except motor carriers or brokers subject to such supervision under §240 of the Transportation Law, and a tax equal to one per centum(1%) of its gross operating income from and after the first day of February 1969 is hereby imposed upon every other utility doing business in the Village of Silver Creek, New York, which has a gross operating income for twelve (12) months ending May 31 in excess of five hundred dollars ($500.), which taxes shall have application only within the territorial limits of the Village of Silver Creek and shall be in addition to any and all other taxes and fees imposed by any other provision of law. Such taxes shall not be imposed on any transaction originating or consummated outside of the territorial limits of the Village of Silver Creek, notwithstanding that some acts be necessarily performed with respect to such transaction within such limits.

 

§186-2. Definitions.[2]

 

The terms used in this Article shall have the meanings provided in §186-a, Subdivision 2, of the Tax Law and §5-530 of the Village Law.

 

§186-3. Recordkeeping by utility.

 

Every utility subject to tax under this Article shall keep such records of its business and in such form as the Village Treasurer may require or as the Village Board may require, and such records shall be preserved for a period of three (3) years, except that the Village Treasurer or the Village Board may consent to their destruction within that period or may require that they be kept longer.

 

§186-4. Filing requirements.

 

Every utility subject to tax hereunder shall file on or before June 25, September 25, December 25 and March 25 a return for the three (3) calendar months preceding each such return date or any portion thereof for which the tax imposed hereby is effective; provided, however, that any utility whose average gross income or average gross operating income, as the case may be, for the aforesaid three-month period is less than one thousand five hundred dollars ($1,500.) may file a return annually on June 25 for the twelve (12) preceding calendar months or any portion thereof for which the tax imposed hereby is effective. Every return shall state the gross income or gross operating income for the period covered thereby. Returns shall be filed with the Village Treasurer of the Village of Silver Creek on a form to be furnished by said Treasurer for such purpose and shall contain such other data, information or matter as said Treasurer may require to be included therein. The Village Treasurer of the Village of Silver Creek, in order to ensure payment of the tax imposed, may require at any time a further or supplemental return which shall contain any data that may be specified by said Treasurer, and said Treasurer may require any utility doing business in the Village of Silver Creek to file an annual return, which shall contain any data specified by said Treasurer, regardless of whether the utility is subject to tax under this Article. Every return shall have annexed thereto an affidavit of the head of the utility making the same or of the owner or of a copartner thereof or of a principal officer of the corporation, if such business is conducted by a corporation, to the effect that the statements contained therein are true.

 

§186-5. Payment.

 

At the time of the filing of a return as required by this Article, each utility shall pay to the Village Treasurer of the Village of Silver Creek the tax imposed by this Article for the period covered by such return. Such tax shall be due and payable at the time of filing the return or, if a return is not filed when due, on the last day on which the return is required to be filed.

 

§186-6. Sufficiency of return; hearing.

 

In case any return filed pursuant to this Article shall be insufficient or unsatisfactory to the Village Treasurer and if a corrected or sufficient return is not filed within twenty (20) days after the same is required by notice from said Treasurer or if no return is made for any period, the Village Treasurer shall determine the amount of tax due from such information as said Treasurer is able

to obtain and, if necessary, may estimate the tax on the basis of external indexes or otherwise. The Village Treasurer shall give notice of such determination to the person liable for such tax. Such determination shall finally and irrevocable fix such tax, unless the person against whom it is assessed shall, within thirty (30) days after the giving notice of such determination, apply to the Village Treasurer for a hearing or unless the Village Treasurer, of said Treasurer’s own motion, shall reduce the same. After such hearing, the Village Treasurer shall give notice of said Treasurer’s decision to the person liable for the tax. Such decision may be reviewed by a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York if application therefore is made within thirty (30) days after the giving of notice of such decision. An order to review such decision shall not be granted unless the amount of any tax sought to be reviewed, with interest and penalties thereon, if any, shall be first deposited with the Village Treasurer and an under taking filed with said Treasurer in such amount and with such sureties as a Justice of the Supreme Court shall approve, to the effect that, if such proceeding is dismissed or the tax confirmed, the applicant will pay all costs and charges which may accrue in the prosecution of such proceeding, or, at the option of the applicant, such undertaking may be in a sum sufficient to cover the tax, interest, penalties, costs and charges aforesaid, in which event the applicant shall not be required to pay such tax, interest and penalties as a coalition precedent to the granting of such order. Except in the case of a willfully false or fraudulent return with intent to evade the tax, no assessment of additional tax shall be made after the expiration of more than three (3) years from the date of the filing of a return; provided, however, that where no return has been filed as required by this Article, the tax may be assessed at any time.

 

§186-7. Notice.

 

Any notice authorized or required under the provisions of this Article may be given by mailing the same to the person for whom it is intended, in a postpaid envelope, addressed to such person at the address given by said person in the last return filed by said person under this Article, or, if no return has been filed, then to such addresses as may be obtainable. The mailing of such notice shall be presumptive evidence of the receipt of the same by the person to whom addressed. Any period of time, which is determined according to the provisions of this Article by the giving of notice, shall commence to run from the date of mailing of such notice.

 

§186-8. Failure to file.

 

Any person failing to file a return or corrected return or to pay any tax or any portion thereof within the time required by this Article shall be subject to a penalty of five per centum (5%) of the amount tax due, plus one per centum (1%) of such tax for each month of delay or fraction thereof, excepting the first month, but the Village Treasurer, for cause shown, may extend the time for filing any return and, if satisfied that the delay was excusable, may remit all or any portion of the penalty fixed by the foregoing provisions of this section.

 

§186-9. Refund.

 

If within one (1) year from the payment of any tax or penalty the payer thereof shall make application for a refund thereof and the Village Treasurer or the court shall determine that such tax or penalty or any portion thereof was erroneously or illegally collected, the Village Treasurer shall refund the amount so determined. For like cause and within the same period, a refund may be so made on the initiative of the Village Treasurer. However, no refund shall be made of a tax or penalty paid pursuant to a determination of the Village Treasurer as hereinbefore provided unless the Village Treasurer, after a hearing as hereinbefore provided, or of said Treasurer’s own motion, shall have reduced the tax or penalty or it shall have been established in a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York that such determination was erroneous or illegal. All refunds shall be made out of moneys collected under this Article. An application for a refund, made as hereinbefore provided, shall be deemed an application for the revision of any tax or penalty complained of, and the Village Treasurer may receive additional evidence with respect thereto. After making the determination, the Village Treasurer shall give notice thereof to the person interested, and said person shall be entitled to an order to review such determination under said Article 78 of the Civil Practice Law and Rules of the State of New York, subject to the provision hereinbefore contained relating to the granting of such an order.

 

§186-10. Tax to be part of operating costs.

 

The tax imposed by this Article shall be charged against and be paid by the utility and shall not be added as a separate item to bills rendered by the utility to customers or others but shall constitute a part of the operating costs of such utility.

 

§186-11. Failure to pay; cost to become lien.

 

Whenever any person shall fail to pay any tax or penalty imposed by this Article, the Village Attorney shall, upon the request of the Village Treasurer, bring an action to enforce payment of the same. The proceeds of any judgment obtained in any such action shall be paid to the Village Treasurer. Each such tax and penalty shall be a lien upon the property of the person liable to pay the same, in the same manner and to the same extent that the tax and penalty imposed by §186-a of the Tax Law is made a lien.

 

§186-12. Rules and regulations; powers of Village Treasurer.

 

In the administration of this Article, the Village Treasurer shall have power to make such reasonable rules and regulations, not inconsistent with law, as may be necessary for the exercise of said Treasurer’s powers and the performance of said Treasurer’s duties and to prescribe the form of blanks, reports and other records relating to the administration and enforcement of the tax to take testimony and proofs, under oath, with reference to any matter within the line of said Treasurer’s official duty under this Article and to subpoena and require the attendance of witnesses and the production of books, papers and documents.

 

§186-13. Disclosure; penalties.

 

•A.     Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for the Village Treasurer or any agent, clerk or employee of the Village of Silver Creek, New York, to divulge or make known in any manner the amount of gross income or gross operating income or any particulars set forth or disclosed in any return under this Article. The officer charged with the custody of such returns shall not be required to produce any of them or evidence of anything contained in them in any action or proceeding in any court, except on behalf of the Village of Silver Creek, New York, in an action or proceeding under the provisions of this Article or on behalf of the State Tax Commission in an action or proceeding under the provisions of the Tax Law of the State of New York or on behalf of any party to any action or proceeding under the provisions of this Article when the returns or facts shown thereby are events the court may require the production of and may admit in evidence, so much of said returns or of the facts shown thereby, as are pertinent to the action or proceeding, and no more. Nothing herein shall be construed to prohibit the delivery to a person or said person’s duly authorized representative of a copy of any return filed by said person, nor to prohibit the publication of statistics so classified as to prevent the identification of particular returns and the items thereof or the publication of delinquent lists showing the names of persons who have failed to pay their taxes at the time and in the manner provided for by this Article, together with any relevant information which , in the opinion of the Village Treasurer, may assist in the collection of such delinquent taxes; or the inspection by the Village Attorney or other legal representative of the Village of Silver Creek, New York, of the return of any person who shall bring action to set aside or review the tax based thereon or against whom an action has been instituted in accordance with the provisions of this Article.

 

•B.     Any offense against the foregoing secrecy provisions shall be punishable by a fine not exceeding one thousand dollars ($1000.) or by imprisonment not exceeding one (1) year, or both, and if the offender is an officer, agent, clerk or employee of the Village of Silver Creek, New York, said person shall be dismissed from office and shall be incapable of holding any office or employment for the Village of Silver Creek, New York, for a period of five (5) years thereafter. Notwithstanding any provisions of this Article, the Village Treasurer may exchange with the chief fiscal officer of any city or any other village in the State of New York information contained in returns filed under this Article, provided that such city or other village grants similar privileges to the Village of Silver Creek, New York, and provided that such information is to be used for tax purposes only, and the Village Treasurer shall, upon request, furnish the State Tax Commission with any information contained in such returns.

 

 

§186-14. Disposition to general fund.

 

All taxes and penalties received by the Village Treasurer under this Article shall be paid into the treasury of the Village of Silver Creek, New York, and shall be credited to and deposited in the general fund of the Village.

 

ARTICLE II

Senior Citizens Tax Exemption

[Adopted 2-7-1983 as Ch. 81 of the 1983 Code]

 

§186-15. Partial exemptions granted.

 

•A.     Real property in the Village of Silver Creek 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 (1) of whom is sixty-five (65) years of age or over, shall be exempt from taxation by the village to the extent of fifty per centum (50%) of the assessed valuation thereof. Such exemption shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed.

 

•B.     The real property tax exemption on real property owned by husband and wife, one (1) of whom is sixty-five (65) years of age or over, once granted, shall not be rescinded by the village solely because of the death of the older spouse so long as the surviving spouse is at least sixty-two (62) years of age.

 

§186-16. Limitations.

 

No exemption shall be granted:

 

•A.     If the income of the owner or the combined income of the owners of the property exceeds the limit currently on file in the village offices for the income tax year immediately preceding the date of making application for exemption. “Income tax year” shall mean a twelve-month period for which the owner or owners filed a federal personal income tax return or, if no such return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings and net income from self-employment, but shall not include a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income.[3]

 

 

•B.     Unless the title of the property shall have been vested in the owner or all owners of the property for at least twenty-four (24) consecutive months prior to the date of making application for exemption; provided, however, that in the event of the death of either a husband or wife in whose name title of the property shall have been vested at the time of death and then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife, the time of ownership of the property of the deceased husband or wife shall be deemed also a time of ownership by the survivor, and such ownership shall be deemed continuous for the purposes of computing such period of twenty-four (24) consecutive months; provided, further, that in the event of a transfer by either a husband or wife to the other spouse of all or part of the title to the property, the time of ownership of the property by the transferor spouse and such ownership shall be deemed continuous for the purposes of computing such period of twenty-four (24) consecutive months; and provided, further, that where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceeding, except a tax sale; and further provided that where a residence is sold and replaced with another within one (1) year and is in the same assessment unit, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption, and such periods of ownership shall be deemed to be consecutive for purposes of this section. Notwithstanding any other provision of law, where a residence is sold and replaced with another within one (1) year and both residences are with the state, the period of ownership of both properties shall be deemed consecutive for purposes of the exemption from taxation as provided in this Article.

 

•C.     Unless the property is used exclusively for residential purposes.

 

•D.     Unless the property is the legal residence of and is occupied in whole or in part by the owner or by all of the owners of the property.

 

§186-17. Notice of eligibility.

 

The village shall notify or cause to be notified each person owning residential real property in the village of the provisions of this Article. The provisions of this section may be met by a notice or legend sent on or with each tax bill to such persons, reading “You may be eligible for senior citizen tax exemptions. Senior citizens have until month_____ day _____ year ______ to ______,” followed by the name, telephone number and/or address of the person or department selected by the village to explain the provisions of this Article. Failure to notify or cause to be notified any person who is, in fact, eligible to receive the exemption provided by this Article 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.

 

§186-18. Annual application required.[4]

 

Application for such exemption must be made by the owner or all of the owners of the property, on forms prescribed by the New York State Board of Real Property Services, to be furnished by the Town of Hanover Assessor’s office shall be filed in the Town of Hanover Assessor’s officer on or before the taxable status date of the Town of Hanover.

 

§186-19. Notice to applicants.[5]

 

At least sixty (60) days prior to the appropriate taxable status date, the Town of Hanover Assessor shall mail to each person who was granted exception pursuant to this Article on the latest completed assessment roll an application for 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. The assessing authority shall, within three (3) days of the completion and filing of the tentative assessment roll, notify by mail any applicants who have included with their other application at least one (1) self-addressed prepaid envelope of the approval or denial of the application; provided, however, that the assessing authority shall, upon receipt to any applicant who has included two (2) of such envelopes with the application. Where an applicant is entitled to a notice of denial pursuant to this section, such notice shall be on a form prescribed by the State Board of Real Property Services and shall state the reasons for such denial and shall further state that the applicant may have such determination reviewed in the manner provided by law. 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.

§186-20. Penalties for offenses; forfeiture.

Any conviction of having made any willful false statement in the application for such exemption 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.

ARTICLE III

Veterans Tax Exemption

[Adopted 10-1-1984 as L.L. No. 2-1984]

 

§186-21. Exemption status.

After much deliberation and careful study, the Board of Trustees hereby adopts at this time that the Village of Silver Creek exercise its option of opting out of the new veterans real property tax exemption; Chapter 525 of the Laws of 1984.[6]

 

 

§186-21.1. Cold War Veteran’s Exemption. [Adopted 10-6-2009 as L.L. No. 6-2009]

[Adopted §§ 458-b (2) (a) and 458-b (2) (b) of the Real Property Tax Law.]

The Board of Trustees has chosen Section 458-b (2)(a) 15% or $6,000 max

and for 458-b(2)(b)  50% of the disability rating or $20,000 max.

 

§186-21.2. Alternative Veteran’s Exemption. [Adopted by Resolution on 02-05-1996]

[Adopted §§ 458 (5) (a) of the Real Property Tax Law.]

 

Exemption amounts are as follows:

 

Service:            $6,000 (six thousand) or 15% of Assessed Value

 

Combat:           $10,000 (ten thousand) or 25% of Assessed Value

 

Disability:          $50% of Service Connected Disability Rating or

Maximum of $20,000 (twenty thousand)

 

ARTICLE IV

Persons with Disabilities and Limited Incomes Real Property Tax Exemption

[Adopted 12-17-08 as L.L. No. 3-2008]

§186-22. Purpose.

Pursuant to New York Real Property Tax Law Section 459-c, the Village can offer a fifty per centum exemption from real property taxes for person with disabilities and limited incomes.  The purpose of this local law is to grant the exemption authorized pursuant to section 459-c of the Real Property Tax Law.

                       

§186-23. Maximum Allowance Income.

Pursuant to Section 459-c, 5 (a) New York Real Property Tax Law the maximum income allowable for the exemption for the income tax year immediately preceding the application for the exemption shall be seventeen thousand dollars ($17,000.00)

Annually these income levels will be:      2009               $17,000.00

2010               $18,000.00

2011               $19,000.00

2012               $20,000.00

 

updated 092012

 

 

ARTICLE V

 

Property Tax Levy in Excess of the Limit Established in General Municipal Law 3-c

[Adopted 1-17-12 as L.L. No. 1-2012]

§186-24. Legislative Intent.

 

It is the intent of this local law to allow the Village of Silver Creek to adopt a budget for the fiscal year commencing  June 1, 2012 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c.

§186-25. Authority.

 

This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body.

§186-26. Tax Levy Limit Override.

 

The Board of Trustees of the Village of Silver Creek, County of Chautauqua, is hereby authorized to adopt a budget for the fiscal year commencing June 1, 2012 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.

§186-27. Severability.

 

If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

§186-28. Effective Date.

 

This local law shall take effect immediately upon filing with the Secretary of State.

 

updated 092012

 

[1] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[2] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[3] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[4] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[5] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[6] Editor’s Note:  See also §§ 458 and 458-a of the Real Property Tax Law.

 


Chapter 190 Trees & Shrubs

 

 

§190-1.            Trimming or removal prohibited.

§190-2.            Penalties for offenses.

 

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek 2-7-1983 as Ch. 44, Art. IV, of the 1983 Code. Amendments noted where applicable.]

 

GENERAL REFERENCES

Brush, grass and weeds-See Ch. 60.

Outdoor burning-See Ch. 74.

Property maintenance-See Ch. 149.

Solid waste-See Ch. 174.

 

§190-1. Trimming or removal prohibited.

 

No person shall cut down, trim, destroy or in any manner injure any ornamental shade tree, shrubbery or flowers planted in any public street, place, public square or park except by permission of the Board of Trustees.

 

§190-2. Penalties for offenses.[1]

 

Violations of any of the provisions of this chapter shall be punishable by a fine of not more than two hundred fifty dollars ($250.) or imprisonment for not more than fifteen (15) days, or by both such fine and imprisonment.

 

 

 

[1] Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

 


 

Chapter 198 Vehicles, Abandoned or Junked

 

 

§198-1.            Title.

§198-2.            Purpose.

§198-3.            Definitions.

§198-4.            Storage on private property prohibited.

§198-5.            Notice.

§198-6.            Hearing; decision of Board; cost to become lien.

§198-7.            Penalties for offenses.

 

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek

2-7-1983 as Ch. 52 of the 1983 Code. Amendments noted where applicable.]

 

GENERAL REFERENCES

Littering-See Ch. 135.

Property maintenance-See Ch. 149.

Solid waste-See Ch. 174.

Vehicles and traffic-See Ch. 201.

Storage of vehicles-See Ch. 206.

 

§198-1. Title.

 

This chapter shall be known and may be cited as the “Junk Motor Vehicles Law of the Village of Silver Creek, New York.”

 

§198-2. Purpose.

 

The outdoor storage of abandoned, junked or discarded motor vehicles upon privately owned properties within the Village of Silver Creek is dangerous, unsightly and a detriment to the preservation of public health, the protection of property and the safety and welfare of the residents of the Village of Silver Creek. The outdoor storage of abandoned, junked or discarded motor vehicles upon privately owned properties within the Village of Silver Creek constitutes an attractive nuisance to children and a peril to their safety. Such storage constitutes a threat to the safety and welfare of the residents of the Village of Silver Creek since fuel tanks frequently contain gasoline or gasoline fumes and may be subject to explosion in case of fire. Such storage depreciates the value of neighboring properties and is unsightly and discourages the orderly progressive development of the Village of Silver Creek. The control of the outdoor storage of abandoned, junked or discarded motor vehicles upon privately owned properties within the Village of Silver Creek is, therefore, regulated for the preservation of the health, safety and welfare of the residents of Silver Creek.

 

§198-3. Definitions.

As used in this chapter, unless the context or subject matter otherwise requires, the following shall have the meanings indicated:

ABANDONED- With regard to a motor vehicle designed to be used on a public highway, the intent of the owner of the vehicle not to use the motor vehicle on the public highways. The intent of the owner of the motor vehicle may be determined by the physical condition of the motor vehicle, the statements of the owner of the motor vehicle, the length of time since the motor vehicle has last been used on or off the public highway and whether the motor vehicle is licensed or unlicensed. With respect to motor vehicles not required to be licensed or motor vehicles not customarily used on the public highway, the intent of the owner may be determined by the physical condition of the motor vehicle, the length of time it was used for the purposes intended and the statements of the owner. In addition, any of the following criteria shall be utilized in determining an “abandoned” vehicle: being unlicensed; having an expired inspection; having an expired registration.[1]

DISCARDED- Any motor vehicle which the owner thereof or any motor vehicle to which ownership cannot reasonably be determined, with due inquiry.

JUNKED- Any motor vehicle in such condition as to cost more to repair in order to place such motor vehicle in operating condition than the value of the motor vehicle at any given time.

MOTOR VEHICLE- Every vehicle operated, driven or capable of being operated or driven upon a public highway by any power other than muscular power, which includes electric power obtained from overhead trolley wires and includes vehicles operated upon rails and such vehicles as are run only upon rails and tracks. For the purposes of this chapter, “motor vehicles” shall include tractors used exclusively for agricultural purposes, self-propelled corn and hay harvesting machines and self-propelled caterpillar or crawler-type equipment. For the purposes of this chapter, the term “motor vehicle” shall include motorcycles, omnibuses and house trailers.

OWNER OF MOTOR VEHICLE- A person having the property in or title to a motor vehicle. The term “owner” includes a person entitled to the use and possession of a vehicle, subject to a security interest in another person, and also including any lessee or bailee of a motor vehicle having the use thereof under lease or otherwise.

OWNER OF PRIVATE PROPERTY- Includes the legal owner, contract purchaser, a tenant, lessee, occupant, undertenant, receiver or assignee of private premises or property located within the Village of Silver Creek.

PREMISES- Includes all parcels of real property situated in the Village of Silver Creek, whether occupied or vacant, irrespective of size or topography.

 

UNLICENSED MOTOR VEHICLE- Any motor vehicle which has not been licensed with the proper authorities for a period of at least thirty (30) days from the expiration of the last valid licensing.

 

§198-4. Storage on private property prohibited.

It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise, of any private property within the Village of Silver Creek to store or deposit or cause or permit to be stored or deposited outdoors an abandoned, junked or discarded motor vehicle or motor vehicles upon any private land within the corporate limits of the Village of Silver Creek.

§198-5. Notice.[2]

•A.     If the provisions of the foregoing sections are violated, the Code Enforcement Officer shall serve written notice, either personally or by mail upon the owner, occupant or person having charge of such private property, to comply with the provisions of this chapter. The Code Enforcement Officer may determine ownership of any parcel of land with the Village of Silver Creek and may serve written notice upon the owner by mailing, by regular mail, such notice to the owner at the address listed in the then-current tax rolls. In the event that the Code Enforcement Officer cannot determine the owner or address of the owner of a parcel of land within the Village of Silver Creek, the Code Enforcement Officer may serve written notice by publishing said written notice in the official newspaper of the Village of Silver Creek for two (2) consecutive weeks.

•B.     The notice shall be in substantially the following form:

“To the owner, occupant or person having charge of land within the Village of Silver Creek known as:_________________________________________

Notice is hereby given that an abandoned, junked, discarded, or unlicensed motor vehicle has been stored or deposited on the above-described property in the Village of Silver Creek. This vehicle must be removed therefrom within ten (10) days from the date of this notice.

In the event that this notice is served upon you by publication, the motor vehicle must be removed within twenty-four (24) days from the first date of publication of this notice.

In case you fail or refuse to comply with this notice on or before the expiration of said ten (10) days from the date of this notice (or the expiration of said twenty-four (24) days from the date of this notice if notice has been given to you only by publishing in the official newspaper), you may be issued an appearance ticket to appear in Court and be fined and/or imprisoned as indicated by the applicable law. Additionally, the Village of Silver Creek, acting through its duly authorized agents, servants, officers and employees, may enter upon your land and remove or cause to be removed said motor vehicle to be destroyed. The expense incurred by the Village of Silver Creek shall be assessed against the above-described property and shall constitute a lien thereon and be collected in the manor provided by law.”

Dated__________________                                                                                                                                                                                                                           ________________________

Code Enforcement Officer

 

  • 198-6. Removal of Motor Vehicle by Village; cost to become lien.

In the event that an abandoned, junked, discarded or unlicensed motor vehicle is not removed as prescribed in Section 198-5 of this chapter, the Village of Silver Creek, acting through its duly authorized agents, servants, officers and employees, may enter upon the land upon which the motor vehicle is located and cause such motor vehicle to be removed and destroyed. The expense incurred by the Village of Silver Creek shall be assessed against the above-described property and shall constitute a lien thereon and be collected in the manner provided by law, including but not limited to being added to the property tax levied against the property.

§ 198-7. Penalties for offenses.

•A.     Any owner, occupant, lessee, agent, or tenant who shall neglect and refuse to remove an abandoned, junked, discarded or unlicensed motor vehicle as directed by this chapter or who shall violate any of the provisions of this chapter or who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Village of Silver Creek in the removal and destruction of a motor vehicle, as described herein, shall be, upon conviction thereof, fined not less than fifty dollars ($50.)  nor more than five hundred dollars ($500.) for each violation thereto or by imprisonment of not more than fifteen (15) days, or be subject to both such fine and imprisonment.Each day of violation shall be deemed a separate offense.     

 

•B.     Nothing herein shall prevent, in addition to the penalties herein prescribed, the Village of Silver Creek from ordering the removal of a motor vehicle in accordance with the terms and provisions of this chapter, and the removal of such motor vehicle shall be in addition to the penalties herein stated.

____________

3 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

 

 

[1] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[2] Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

 


 

Chapter 201 Vehicles & Traffic

 

ARTICLE I

General Provisions

 

§201-1.            Definitions.

§201-2.            Authority to install traffic control devices.

§201-3.            Schedules; adoption of regulations.

 

ARTICLE II

Traffic Regulations

§201-4.            Traffic control signals.

§201-5.            Speed limits.

§201-6.            School speed limits.

§201-7.            One-way streets.

§201-8.            U-turns.

§201-9.            Prohibited turns at intersections.

§201-10.          Prohibited right turns on red signal.

§201-11.          Through streets.

§201-12.          Stop intersections.

§201-13.          Yield intersections.

§201-14.          Truck route system.

ARTICLE III

Parking, Standing and Stopping

§201-15.          Application of Article.

§201-16.          Parking prohibited at all times.

§201-17.          No stopping.

§201-18.          No standing.

§201-19.          Parking prohibited certain hours.

§201-20.          No stopping certain hours.

§201-21.          All-night parking prohibited.

§201-22.          No standing certain hours.

§201-23.          Time limit parking.

§201-24.          Truck parking restriction.

§201-25.          Handicapped parking.

§201-26.          Forty-eight-hour parking limit.

§201-27.          Loading zones.

§201-27.1.       Additional parking restrictions.

 

ARTICLE IV

Removal and Storage of Vehicles

§201-28.          Authority to impound vehicles.

§201-29.          Removal and storage; fees.

§201-30.          Notice of removal.

SILVER CREEK CODE

 

ARTICLE V

Administration and Enforcement

 

§201-31.          Penalties for offenses.

 

ARTICLE VI

Parking Meters

 

§201-32.          Parking meter zones.

§201-33.          Markings; erection of meter.

§201-34.          Deposit of coins; time limitations.

§201-35.          Parking outside of markings prohibited; exceptions.

§201-36.          Penalties for parking meter offenses.

§201-37.          Manner of parking on state highways.

 

ARTICLE VII

Schedules

 

§201-38.          Schedule I: Traffic Control Signals.

§201-39.          Schedule II: Speed Limits.

§201-40.          Schedule III: School Speed Limits.

§201-41.          Schedule IV: One-Way Streets.

§201-42.          Schedule V: U-Turns.

§201-43.          Schedule VI: Prohibited Turns at Intersections.

§201-44.          Schedule VII: Prohibited Right Turns on Red Signal.

§201-45.          Schedule VIII: Through Streets.

§201-46.          Schedule IX: Stop Intersections.

§201-47.          Schedule X: Yield Intersections.

§201-48.          Schedule XI: Truck Route System.

§201-49.          Schedule XII: Parking Prohibited at All Times.

§201-50.          Schedule XIII: No Stopping.

§201-51.          Schedule XIV: No Standing.

§201-52.          Schedule XV: Parking Prohibited Certain Hours.

§201-53.          Schedule XVI: No Stopping Certain Hours.

§201-54.          Schedule XVII: No Standing Certain Hours.

§201-55.          Schedule XVIII: Time Limit Parking.

§201-56.          Schedule XIX: Handicapped Parking.

§201-57.          Schedule XX: Loading Zones.

 

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]

 

GENERAL REFERENCES

Streets and sidewalks-See Ch. 180.

Abandoned or junked vehicles-See Ch. 198.

Storage of vehicles-See Ch. 206.

 

ARTICLE I

General Provisions

 

§201-1.  Definitions.

 

•A.     The words and phrases used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them by Article 1 of the Vehicle and Traffic Law of the State of New York.

 

•B.     The following words and phrases are not defined by Article 1 of the Vehicle and Traffic Law of the State of New York shall have the meanings respectively ascribed to them in this section for the purposes of this chapter:

 

CURBLINE- The prolongation of the lateral line of a curb or, in the absence of a curb, the lateral boundary line of the roadway.

 

HOLIDAYS- New Year’s Day, Lincoln’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day.

 

OFFICIAL TIME STANDARD- whenever certain hours are named herein or on traffic control devices, they shall mean the time standard which is in current use in this state.

 

PUBLIC PARKING LOT- A plot or parcel of land or building owned and/or leased by the Village of Silver Creek, not including highways, upon or within which the parking of vehicles is regulated by signs.

 

SIDEWALK- That portion of a street between the curblines or the lateral lines of street and the adjacent property line, intended for the use of pedestrians.

 

STREET- The entire width between the boundary lines of every way publicly or privately maintained when any part thereof is open to the use of the public for the purposes of vehicular traffic and including roads, avenues and highways, etc.

 

TRUCK- Any motor vehicle designed, used or maintained primarily for the transportation of property and having a maximum gross weight in excess of five (5) tons.

 

§201-2.  Authority to install traffic control devices.

 

The Street Superintendent, under the direction of the Chief of Police, shall install and maintain traffic control devices when and as required under the provisions of this chapter, to make effective the provisions of this chapter, and may install and maintain such additional traffic control devices as the Street Superintendent 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.

 

§201-3.  Schedules; adoption of regulations.

 

•A.     For the purpose of maintaining an accurate record of all regulations adopted under the provisions of this chapter, there is hereby established a system of schedules, appearing as Article VII of this chapter, in which shall be entered all regulations after adoption. Such schedules shall be deemed a part of the section to which they refer. All regulations shall be adopted with reference to the appropriate schedule as indicated in the various sections of this chapter.

 

•B.     Regulations shall be adopted by the Board of Trustees in accordance with provisions of the Village Law and the Vehicle and Traffic Law or by an officer or agency authorized by the Board of Trustees to adopt regulations pursuant to §1603 of the Vehicle and Traffic Law.

 

ARTICLE II

Traffic Regulations

 

§201-4.  Traffic control signals.

 

Traffic control signals shall be installed and operated at the intersection of those streets described in Schedule I (§201-38), attached to and made a part of this chapter.

 

§201-5.  Speed limits.

 

The maximum speed at which vehicles may proceed on or along any streets or highways within the village is hereby established at thirty (30) miles per hour, except that the speed limit for vehicles proceeding on or along those streets or parts of streets described in Schedule II (§201-39), attached to and made a part of this chapter, shall be as indicated in said schedule.

 

§201-6.  School speed limits.

 

No person shall drive at a speed in excess of that indicated in Schedule III

(§201-40), attached to and made a part of this chapter, in the area described in said schedule, during school days between the hours of 7:00 a.m. and 6:00 p.m.

 

§210-7.  One-way streets.

 

The streets or parts of streets described in Schedule IV (§201-41), attached to and made part of this chapter are hereby designated as one-way streets in the direction indicated.

 

§201-8.  U-turns.

 

No person shall make a U-turn on any of the streets or parts of streets described in Schedule V (§201-42), attached to and made part of this chapter

 

§201-9.  Prohibited turns at intersections.

 

No person shall make a turn of the kind designated (left, right, all) at any of the locations described in Schedule VI (§201-43), attached to and made part of this chapter.

 

§201-10. Prohibited right turns on red signal.

 

No person shall make a right turn when facing a steady red signal (stop indication) at any of the locations described in Schedule VII (§ 201-44), attached to and made a part of this chapter.

 

§201-11. Through streets.

 

The streets or parts of streets described in Schedule VIII (§201-45), attached to and made a part of this chapter are hereby designated as through streets. Traffic control devices shall be installed on each street intersecting the through street.

 

§201-12. Stop intersections.

 

The intersections described in Schedule IX (§201-46), attached to and made a part of this chapter are hereby designated as stop intersections. Stop signs shall be installed as provided therein.

 

§201-13. Yield intersections.

 

The intersections described in Schedule X (§201-47), attached to and made a part of this chapter are hereby designated as yield intersections. Yield signs shall be installed as provided therein.

 

§201-14. Truck route system.

 

•A.     A truck route system upon which all trucks, tractors and tractor-trailer combinations having a total gross weight in excess of five (5) tons are permitted to travel and operate shall be as set forth in Schedule XI (§201-48), attached to and made a part of this chapter.

 

•B.     All trucks, tractors and tractor-trailer combinations having a total gross weight in excess of five (5) tons are hereby excluded from all streets except those streets listed in Schedule XI except that this exclusion shall not be construed to prevent the delivery or pickup of merchandise or other property along the street from which such vehicles and combinations are excluded.

 

ARTICLE III

Parking, Standing and Stopping

 

§201-15. 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.

 

§201-16. Parking prohibited at all times.

 

No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule XII (§201-49), attached to and made part of this chapter.

 

§201-17. No stopping.

 

No person shall stop a vehicle upon any streets or parts of streets described in Schedule XIII (§201-50), attached to and made a part of this chapter.

 

§201-18. No standing.

 

No person shall stand a vehicle upon any of the streets or parts of streets described in Schedule XIV (§201-51), attached to and made a part of this chapter.

 

§201-19. Parking prohibited certain hours.

 

No person shall park a vehicle between the hours specified in Schedule XV

(§201-52) of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said schedule, attached to and made a part of this chapter.

 

§201-20. No stopping certain hours.

 

No person shall stop a vehicle during the times specified in Schedule XVI

(§201-53) of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said schedule, attached to and made a part of this chapter.

 

§201-21. All-night parking prohibited.

 

No vehicle shall be parked on any street or highway in the village between the hours of 2:00 a.m. to 6:00 a.m. from the 15th day of November to the 1st of April of the following year.

 

§201-22. No standing certain hours.

 

No person shall stand a vehicle during the times specified in Schedule XVII

(§201-54) of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said schedule, attached to and made a part of this chapter.

 

§201-23. Time limit parking.

 

No person shall park a vehicle for longer than the time limit shown in Schedule XVIII (§201-55) at any time between the hours listed in said schedule of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said schedule, attached to and made a part of this chapter.

 

§201-24. Truck parking restriction.

 

•A.     No truck, trailer or tractor-trailer combination shall park on Main Street, Central Avenue and Howard Street between 9:00 a.m. and 7:00 p.m., except for the purposes of loading and unloading.

 

•B.     No truck, trailer or tractor-trailer combination having a total gross weight in excess of three (3) tons shall park, stand or stop on any street or highway in the village, except for the immediate delivery or pickup of merchandise. This provision shall not apply to recreational vehicles.

 

•C.     No truck, trailer or tractor-trailer combination having a total gross weight in excess of three (3) tons shall park, stand or stop on any municipal parking lot or other municipal-owned land used for parking, except for the immediate delivery or pickup of merchandise.

 

§201-25. Handicapped parking.

 

No person shall stop, stand or park a vehicle on streets or parts of streets as described in Schedule XIX (§201-56), attached to and made a part of this chapter, thereby designated as handicapped parking except for vehicles registered pursuant to § 404-a of the Vehicle and Traffic Law or those possessing a handicapped parking permit issued in accordance with §1203-a of the Vehicle and Traffic Law.

 

§201-26. Forty-eight hour parking limit.

 

No vehicles shall be parked on any street or highway in the village for a period of longer than forty-eight (48) hours.

 

§201-27. Loading zones.

 

The locations described in Schedule XX (§201-57), attached to and made a part of this chapter are hereby designated as loading zones.

 

§201-27.1  Additional parking restrictions.

 

•A.     No vehicle shall park or stand within ten (10) feet of any crosswalk or intersection, except in an emergency or on compliance with the direction of a peace officer or a traffic control signal or sign.

 

•B.     No vehicles shall park or stand on any street where official signs or markings have been posted prohibiting, restricting or limiting parking and/or standing.

 

•C.     No vehicle shall park or stand in such a way as to obstruct the removal of snow and impede the travel of vehicular traffic.

 

•D.     No vehicle shall park or stand within ten (10) feet of a fire hydrant.

 

•E.      No vehicle shall park or stand in an area marked by lines unless it is entirely within the space as marked.

 

•F.      No vehicle shall park or stand with its wheels more than twelve (12) inches from the curb.

 

•G.     No vehicle shall park or stand on the street or roadway side of another vehicle parked or standing at the edge of the street or the curb.

 

•H.     No vehicle shall park, stand or stop in such a way as to block any part of a public or private driveway or sidewalk.

 

•I.        No vehicle shall park, stand or stop while headed in the wrong direction.

 

•J.       No vehicle shall park, stand or stop between the sidewalk and the curb or the edge of the street.

 

ARTICLE IV

Removal and Storage of Vehicles

 

§201-28. Authority to impound vehicles.

 

•A.     When any vehicle is parked or abandoned on any highway or public parking lot within this village during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway or parking lot upon which said vehicle is parked or abandoned, said vehicle may be removed by or under the direction of the Street Superintendent or the Village of Silver Creek Police Department.

 

•B.     When any vehicle is found unattended on any highway or public parking lot within the village where said vehicle constitutes an obstruction to traffic, said vehicle may be removed by or under the discretion of the Street Superintendent or the Village of Silver Creek Police Department.

 

•C.     When any vehicle is parked or abandoned on any highway within this village where stopping, standing or parking is prohibited, said vehicle may be removed by the Street Superintendent or the Village of Silver Creek Police Department.

 

§201-29. Removal and storage; fees.

 

After removal of any vehicle as provided in this Article, the Police Department may store or cause such vehicle to be stored in a suitable place at the expense of the owner. Such owner or person in charge of the vehicle may redeem the same upon payment to the person with whom stored of the amount of all expenses actually and necessarily incurred in effecting such removal and storage, such removal and storage charges shall be as set forth from time to time by resolution of the Board of Trustees.[1]

 

§201-30. Notice of removal.

 

It shall be the duty of the police to ascertain to the extent possible the owner of the vehicle or the person having the same in charge and to notify said person of the removal and disposition of such vehicle and of the amount, which will be required to redeem the same. Said police shall also, without delay, report to the Village Clerk the removal and disposition of any vehicle removed as provided in this Article.

 

ARTICLE V

Administration and Enforcement

 

§201-31. Penalties for offenses.

 

Every person convicted of a traffic infraction for a violation of any provision of this chapter which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall, for a first conviction thereof, be punished by a fine of not more than one hundred dollars ($100.) or by imprisonment for not more than fifteen (15) days, or by both such fine and imprisonment; for a second conviction within eighteen (18) months thereafter, such person shall be punished by a fine of not more than two hundred dollars ($200.) 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 three hundred dollars ($300.) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.

 

ARTICLE VI

Parking Meters

 

§201-32. Parking meter zones.

 

After the installation of said parking meters, it shall be unlawful for the owner or operator of any motor vehicle, motorcycle or motor-driven cycle to park between the hours of 8:00 a.m. and 6:00 p.m. on any day except Sundays and the following holidays; New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, for more than the maximum time indicated on the dial of the parking meters. Parking meter zones shall be as provided in Schedule XVIII (§201-55).

 

§201-33. Markings; erection of meter.

 

On streets so designated, the proper officers shall cause parking spaces to be marked on the pavements or curbs or by other appropriate measure and in such space so marked shall erect or cause to be erected a parking meter which, upon the deposit of a coin or combination of coins of the United States, indicated on the meters, will entitle the party parking the party’s car to a limited time, as indicated on the parking meter, the time when such period has elapsed likewise to be indicated on the meter.

 

§201-34. Deposit of coins; time limitations.

 

•A.     In order that the police officers may properly compute the time during which a vehicle is parked, the owner or operator of said vehicle shall, upon entering such parking space, during the time of limited parking, immediately deposit a coin or combination of coins of the United States in the parking meter situated at the right front side of said parking space and operate said meter according to the instructions thereon. Failure to do so shall constitute a violation of this Article. Upon deposit of such five-cent, ten-cent or twenty-five-cent coins and placing the meter in operation, the parking space may be lawfully occupied by such vehicle during the period of parking time which had been prescribed for the particular amount deposited. The parking meters, when installed and properly operating, shall be so adjusted that five-cent, ten-cent and twenty-five-cent coins may be deposited at any time throughout the maximum range of the meters; a five-cent coin permitting the vehicle to park for a period of twelve (12) minutes, a ten-cent coin permitting the vehicle to park for a period of twenty-four (24) minutes and a twenty-five-cent coin permitting the vehicle to park for a period of sixty (60) minutes. If such a vehicle shall remain parked in any such parking space for such length of time when the meter shall indicate by a proper signal that the lawful parking period has expired, such vehicle shall be considered, as parking overtime, and the parking of a vehicle overtime shall constitute a violation of this Article.

 

•B.     The maximum parking time for legal continuous parking in any one (1) parking space in the parking meter zones shall be limited and restricted to a period of not longer than two (2) hours at a time, and nothing herein contained shall permit the purchase from time to time of a longer period of continuous parking in such space.

 

•C.     Failure to turn the handle after depositing a coin shall constitute a violation of this Article.

 

§201-35. Parking outside of markings prohibited; exceptions.

 

•A.     It shall be unlawful to park any vehicle across any line or marking designating a parking space or to park said vehicle in any way that the same shall not be wholly within a parking space as designated by said lines or markings.

 

•B.     When and where permitted.

•(1)   Excepting in an emergency or for the purpose of loading or unloading passengers or merchandise, all vehicles shall be parked or left standing parallel to and as near the curb as practicable.

•(2)   There shall be no parking within twenty (20) feet from the edge of the pavement of an intersection unless indicated otherwise by signs or markings or parking meters.

 

§201.36. Penalties for parking meter offenses.

 

Any person found to be in violation of this Article shall be liable to pay a civil penalty of not less than three dollars ($3.) nor more then fifty dollars ($50.).

 

§201-37. Manner of parking on state highways.

 

All parking meter spaces shall be so marked that no vehicle shall be parked on any state highway other than parallel to the curb and so that no vehicle shall be required to park in violation of  §1202 of the Vehicle and Traffic Law of the State of New York or orders of the State Traffic Commission.

 

ARTICLE VII

Schedules

 

§201-38. Schedule I: Traffic Control Signals.

 

In accordance with the provisions of  §201-4, traffic control signal shall be installed at the following described intersections:

 

Intersection

Main Street and Central Avenue

 

§201-39. Schedule II: Speed Limits.

 

In accordance with the provisions of  §201-5, speed limits other than thirty (30) miles per hour are hereby established as indicated upon the following described streets or parts thereof:

Speed

                                                Limit

Name of Street                       (mph)                           Location

Howard Street                            40                              From Buffalo Street to east

Village limits

 

§201-40. Schedule III: School Speed Limits.

 

In accordance with the provisions of  §201-6, no person shall drive a vehicle in excess of the speed indicated below, in the areas designated below, during school days between the hours of 7:00 a.m. and 6:00 p.m.:

Speed

                                                Limit

Name of Street                       (mph)                           Location

                                                (Reserved)

 

§201-41. Schedule IV: One-Way Streets.

 

In accordance with the provisions of  §201-7, the following described streets or parts thereof are hereby designated as one-way streets in the direction indicated:

                                                Direction

Name of Street                       of Travel                     Limits

Park Place                                South                           From Central Avenue

To Main Street

 

§201-42. Schedule V: U-Turns.

 

In accordance with the provisions of  §201-8, no person shall make a U-turn at any of the following locations:

Name of Street                       Location

(Reserved)

 

§201-43. Schedule VI: Prohibited Turns at Intersections.

 

In accordance with the provisions of  §201-9, no person shall make a turn of the kind designated below at any of the following intersections:

                                    Direction         Prohibited

Name of Street           of Travel         Turn                Hours      At Intersection of

Central Avenue East                  Left                  All             Into driveway at

Community Bank

Main Street                  South               Left                  All             Onto driveway of

Manufacturers

And Traders

Trust Company

 

§201-44.  Schedule VII: Prohibited Right Turns on Red Signal.

                [Amended 8-5-1997 by L.L. No. 1-1997]

 

In accordance with the provisions of  §201-10, no person shall make a right turn when facing a steady red signal (stop indication) at any of the following locations:

Direction                     Prohibited Right Turn

Name of Street                       of Travel                     on Red Signal Onto

                                                (Reserved)

 

§201-45. Schedule VIII: Through Streets.

 

In accordance with the provisions of  §201-11, the following described streets or parts thereof are hereby designated as through streets. Traffic control devices shall be installed on each street intersecting the through street:

Name of                      Name of                                                          Traffic

Through                      Entrance                     Direction From           Control           

Street                          Street                          Which Entering          Devices

                                                (Reserved)

 

§201-46. Schedule IX: Stop Intersections.

 

In accordance with the provisions of  §201-12, the flowing described intersections are hereby designated as stop intersections, and stop signs shall be installed as follows:

                                                Direction

Stop Sign on                           of Travel                                 At Intersection of

Adams Street                           Both                                         Porter Avenue

Arch Street                               East                                          Jackson Street

Arch Street                               West                                        Madison Street

Babcock Avenue                      South                                       Burgess Street

Babcock Avenue                      West                                        Main Street

Bayview Avenue                       Southeast                                 Central Avenue

Beachview Avenue                   South                                       Arch Street

Buffalo Street                           West                                        Howard Avenue

Burgess Street                          West                                        Main Street

Christy Street                           Both                                         Lafayette Street

Christy Street                           North                                       Central Avenue

Crandall Avenue                       East                                          Drake Street

Dana Avenue                            Both                                         Parkway

Dickinson Street                       East                                          Division Street

Dickinson Street                       West                                        Forestville Street

Drake Street                             North                                       Alfred Drive

Drake Avenue                          North                                       Crandall Avenue

Elm Street                                Southeast                                 Central Avenue

Fenner Place                            South                                       Ward Avenue

Forestville Street                       NorthWest                               Main Street

Front Street                              East                                          Jackson Street

Glenwood Avenue                    East                                          Main Street

Grove Street                             East                                          Hawkins Street

 

Hanover Street             Both                                         Central Avenue

Hawkins Street             North                                       Pennsylvania Avenue

Hawkins Street             South                                       Alfred Street

Henry Street                             SouthWest                               Forestville Street

Hickory Street                          North                                       Pearl Street

Hickory Street                          Southeast                                 Central Avenue

Howard Avenue                       South                                       Central Avenue

Jaekle Avenue                          Northeast                                 Hanover Street

Jackson Street                          South                                       Central Avenue

Jefferson Street             North                                       Front Street

Karen Drive                             East                                          Parkway

Knight Street                            Both                                         Newton Street

Knight Street                            West                                        Main Street

Lafayette Street                        Both                                         Christy Street

Lafayette Street                        Northeast                                 Hanover Street

Lake Avenue                            Southeast                                 Howard Avenue

Lake Avenue Extension            West                                        Lake Avenue

[Amended 9-7-1999 by

L.L. No. 1-1999]

Lincoln Avenue             South                                       Central Avenue

Madison Street             North                                       Beachview Avenue

Madison Street             South                                       Central Avenue

Main Street                              North                                       Ward Street

Main Street                              North                                       U.S. Route 20

Maple Place                             West                                        Lake Avenue

Mechanic Street                       South                                       Central Avenue

Monroe Street                          East                                          Howard Avenue (east

entrance)

Monroe Street                          West                                        Howard Avenue (West

entrance)

Montgomery Street                   West                                        Jackson Street

Newton Street                          North                                       Robinson Street

Newton Street                          SouthWest                               Forestville Street

Oak Street                               North                                       Buffalo Street

Oak Street                               Southeast                                 Central Avenue

Park Place                                East                                          Main Street

Parkway                                   Both                                         Dana Street

Parkway                                   North                                       Central Avenue

Parkway                                   South                                       Ward Avenue

Pearl Street                              East                                          Elm Street

Pearl Street                              West                                        Oak Street

Pennsylvania Avenue                Northeast                                 Central Avenue

Porter Avenue                          Both                                         Monroe Street

Porter Avenue                          North                                       Howard Avenue

Porter Avenue                          South                                       Buffalo Street

Prospect Street             West                                        Hawkins Street

Rix Place                                  West                                        Parkway

Robert Drive                            North                                       Glenwood Avenue

Robinson Street                        East                                          Division Street

Robinson Street                        West                                        Main Street

Rollin Street                              West                                        Forestville Street

Rumsey Street                          Northeast                                 Tew Street

Rumsey Street                          West                                        Lake Avenue

Seneca Street                           East                                          Hanover Street

Spaulding Avenue                     East                                          Parkway

Spencer Place                          North                                       Central Avenue

Stapf Avenue                            East                                          Webster Avenue

Stewart Street                          North                                       Central Avenue

Stewart Street                          South                                       Alfred Drive

Tew Street                               North                                       Howard Avenue

Thompson Street                      Both                                         Adams Street

Thompson Street                      Both                                         Buffalo Street

Thompson Street                      North                                       Monroe Street

Trailer Court                             North                                       Central Avenue

Ward Avenue                           Southeast                                 Main Street

Washington Street                    South                                       Central Avenue

Webster Avenue                       South                                       Dickinson Street

William Street                           Southeast                                 Lafayette Street

Windsor Avenue                       Southeast                                 Main Street

 

§201-47. Schedule X: Yield Intersections.

 

In accordance with the provisions of §201-13, the following described intersections are hereby designated as yield intersections, and yield signs shall be installed as follows:

Direction

Yield Sign on                          of Travel                     At Intersection of

                                                (Reserved)

 

§201-48. Schedule XI: Truck Route System.

 

In accordance with the provisions of §201-14, a truck route system upon which trucks and tractor-trailer combinations in excess of five (5) tons may travel is hereby established on the following streets or parts thereof:

 

Name of Street                       Location

Burgess Street                          Entire Length

Central Avenue             From Main Street to West

Village line

Division Street              Entire length

Howard Street                          Entire length

Main Street                              Entire length

 

§201-49. Schedule XII: Parking Prohibited at All Times.

 

In accordance with the provisions of §201-16, no person shall park a vehicle at any time upon any of the following described streets or parts thereof:

 

Name of Street or Area         Side                             Location

 

Central Avenue             North                           From Howard Street to a

point 26 feet East thereof

 

Central Avenue             North                           From North Main Street to a

point 29 feet West thereof

 

Central Avenue             North                           From a point 144 feet East

of North Main Street to a

point 30 feet East thereof

 

Central Avenue             South                           From Main Street to a point

23 feet West thereof

 

Central Avenue             South                           From a point 98 feet East of

Main Street to a point 41 feet

East thereof

 

Central Avenue             South                           From a point 106 feet East of

Main Street to a point 40 feet

East thereof

 

Central Avenue             South                           From Park Place to a point 19

feet West thereof

 

Central Avenue                         South                           From a point 35 feet East of

Park Place to Park Place

 

Central Avenue                         South                           From a point 142 feet West of

Park Place to a point 124 feet

West thereof

 

Main Street                              East                              From a point 402 feet South

of Central Avenue to a point

435 feet South thereof

 

Name of Street or Area         Side                             Location

North Main Street                     East                              From Central Avenue to a

point 18 feet North thereof

North Main Street                     East                              From a point 77 feet North of

Central Avenue to a point 44

feet North thereof

North Main Street                     East                              From a point 239 feet North

of Central Avenue to a point

128 feet North to the end of

North Main Street

North Main Street                     West                            From Central Avenue to a

point 18 feet North thereof

North Main Street                     West                            From a point 18 feet North of

Central Avenue to a point 22

Feet north thereof (except

Police vehicles)

North Main Street                     West                            From a point 62 feet North of

Central Avenue to a point 70

feet North thereof

North Main Street                     West                            From a point 346 feet North

of Central Avenue to a point

88 feet North thereof

Park Place                                East                              From Central Avenue to a

Point 22 feet South thereof

Park Place                                East                              From a point 124 feet South

of Central Avenue to a point

106 feet West of Main Street

Park Place                                North                            From a point 38 feet West of

Main Street to Main Street

Park Place                                South                            From the East curbline of

Park Place with the South

Curbline of Park Place to

A point 11 feet East thereof

Park Place                                South                            From a point 69 feet East of

Park Place to a point 22 feet

East thereof

Park Place                                South                            From a point 135 feet East of

Park Place to a point 37 feet

East of Main Street

Park Place                                West                            From Central Avenue to a

point 16 feet South thereof

Park Place                                West                            From a point 122 feet South

of Central Avenue to a point

61 feet South thereof

 

Name of Street or Area         Side                             Location

Parkway                                   East                              From Central Avenue to a

point 448 feet South thereof

 

Robinson Street                        North                           Entire length

 

Village Ball Park                       All                                Entire length

 

§201-50. Schedule XIII: No Stopping.

 

In accordance with the provisions of §201-17, no person shall stop a vehicle between the time specified upon any of the following described streets or parts thereof:

 

Name of Street           Side                 Hours/Days                Location

(Reserved)

 

§201-51. Schedule XIV: No Standing.

In accordance with the provisions of §201-18, no person shall stand a vehicle between the times specified upon any of the following described streets or parts thereof:

Name of Street                       Side                            Location

Buffalo                         South                           From intersection of Oak to

Hanover Street

Burgess Street                          Both                             From Main Street to

Division Street

Central Avenue                         North                           From Howard Street to a point

50 feet East thereof

Central Avenue                         North                            From Howard Street West to

the village limits

Central Avenue                         North                            From Mechanic Street East to

the village limits

Central Avenue                         North                           From North Main Street to a

point 45 feet East thereof

Central Avenue                         North                           From a point 334 feet East of

North Main Street to Mechanic

Street (154 Feet)

Central Avenue                         North                            From a point 405 feet East of

North Main Street to the village limits

Central Avenue                         South                            From Main Street to a point 46

feet East thereof

Central Avenue                         South                            From Main Street to a point

50 feet West thereof

Central Avenue                         South                            From a point 381 feet East of

Main Street to the village limits

Central Avenue                         South                           From Park Place to a point 27

feet West thereof

Central Avenue                         South                            From a point 33 feet East of

Park Place to Park Place

Central Avenue                         South                            From a point 207 feet West of

Park Place to the village limits

Central Avenue                         South                            From Parkway to a point 27

feet East thereof

Central Avenue                         South                            From Parkway to a point 28

feet West thereof

Central Avenue                         South                            From Spencer Place East to

the village limits

Central Avenue                         South                            From Stewart Avenue to the

village limits

 

Name of Street                       Side                            Location

 

Forestville Street                       Both                             Entire length

 

Howard Avenue                       East                              From Central Avenue to a

point 135 feet North thereof

 

Howard Avenue                       West                            From Central Avenue to a

point 110 feet North thereof

 

Lake Avenue                            Both                             Entire Length

Extension

[Amended 3-3-1998 by L.L. No. 3-1998]

 

Main Street                              East                              From Babcock Street to a

point 40 feet North thereof

 

Main Street                              East                              From Babcock Street to a

point 50 feet South thereof

Main Street                              East                              From Burgess Street to a

point 40 feet North thereof

 

Main Street                              East                              From Burgess Street to a

point 50 feet South thereof

 

Main Street                              East                              From a point 50 feet South of

Central Ave to Babcock Ave

 

Main Street                              East                              From Forestville Street to a

point 67 feet North thereof

 

Main Street                              East                              From Forestville Street to a

point 137 feet South thereof

 

Main Street                              East                              From Knight Street to a point

172 feet North thereof

 

Main Street                              East                              From Robinson Street to a

point 40 feet North thereof

 

Main Street                              East                              From Robinson Street to a

point

 

Name of Street                       Side                            Location

Main Street                              West                            From Central Avenue to a

point 57 feet South thereof

Main Street                              West                            From Park Place to a point 14

feet North thereof

 

Main Street                              West                            From Park Place to a point 22

feet South thereof

 

Main Street                              West                            From a point 427 feet South of

Park Place to a point 200 feet

South thereof

 

Main Street                              West                            From a point 920 feet South of

Park Place to a point 230 feet

South thereof

 

Main Street                              West                            From a point 1,370 feet South

of Park Place to a point 200

feet South thereof

 

Main Street                              West                            From a point 1,719 feet South

of Park Place to a point 132

feet South thereof

 

North Main Street                    East                              From Central Avenue to a

point 30 feet North thereof

 

North Main Street                    West                            From Central Avenue to a

point 28 feet North thereof

 

North Main Street                    West                            From the West curbline of

North Main Street to a point

30 feet Westerly therefrom

 

Old Main                                  West                            From Ward Avenue to a point

154 Feet South thereof

 

Oliver Street                             East                              From Rix Place to a point 175

feet South thereof

 

Rumsey Street                          Both                             Entire length

 

Spencer Place                          Both                             Entire length

 

Ward Avenue                           South                           Entire length

 

§201-52. Schedule XV: Parking Prohibited Certain Hours.

 

In accordance with the provisions of §201-19, no person shall park a vehicle between the times specified upon any of the following described streets or parts thereof:

                                                Time Limit

Name of Street           Side     Hours/Days                Location

                                                            (Reserved)

 

§201-53. Schedule XVI: No Stopping Certain Hours.

 

In accordance with the provisions of §201-20, no person shall stop a vehicle between the times specified upon any of the following described streets or parts thereof:

 

Name of Street           Side     Hours/Days                Location

                                                            (Reserved)

 

§201-54. Schedule XVII:  No Standing Certain Hours.

 

In accordance with the provisions of §201-22, no person shall stand a vehicle between the times specified upon any of the following described streets or parts thereof:

 

Name of Street           Side     Hours/Days                Location

                                                            (Reserved)

 

§201-55.  Schedule XVIII:  Time Limit Parking.

 

In accordance with the provisions of §201-23, no person shall park a vehicle for longer than the time limit specified upon any of the following described streets or parts thereof:

                                                Time Limit

Name of Street           Side     Hours/Days                Location

 

Central Avenue North   2 hours;                        From a point 45 feet East

All/All                           of North Main Street to a

point 360 feet East thereof

 

Central Avenue North   2 hours;                        From a point 58 feet East

All/All                           of North Main Street to a

point 186 feet East thereof

 

Central Avenue North   2 hours;                        From a point 65 feet West

All/All                           of North Main Street to a

point 100 feet West thereof

 

                                    Time Limit

Name of Street           Side     Hours/Days                Location

Central Avenue South   2 hours;                        From a point 46 feet East

All/All                           of Main Street to a point

60 feet East thereof

Central Avenue South   2 hours;                        From a point 181 feet East

All/All                           of Main Street to a point

200 feet East thereof

Central Avenue South   2 hours;                        From a point 23 feet West

All/All                           of Main Street to a point

80 feet West thereof

Howard Avenue           East      2 hours;                        From a point 135 feet North

All/All                           of Central Avenue to a point

243 feet North thereof

Howard Avenue           West    2 hours;                        From a point 110 feet North

All/All                           of Central Avenue to a point

245 feet North thereof

Main Street                  East      2 hours;                        From a point 50 feet South

All/All                           of Babcock Avenue to a point

407 feet South thereof

Main Street                  East      2 hours;                        From a point 50 feet South of

Central Avenue to a point

643 feet South thereof

Main Street                  East      2 hours;                        From a point 837 feet South

Of Central Avenue to a point

537 feet South thereof

Main Street                  West    2 hours;                        From a point 33 feet South

All/All             of Central Avenue to a point

96 feet South thereof

Main Street                  West    2 hours;                        From a point 57 feet South

All/All                           of Central Avenue to a point

80 feet South thereof

Main Street                  West    2 hours;                        From Park Place to a point

All/All                           22 feet South thereof

Main Street                  West    2 hours;                        From a point 22 feet South

All/All                           of Park Place to a point 81

feet South thereof

Main Street                  West    2 hours;                        From a point 145 feet South

All/All                           of Park Place to a point 87

feet South thereof

Main Street                  West    15 minutes;                   From a point 232 feet South

All/All                           of Park Place to a point 55

feet South thereof

Main Street                  West    2 hours;                        From a point 287 feet South

All/All                           of Park Place to a point 140

feet South thereof

 

                                    Time Limit

Name of Street           Side     Hours/Days                Location                     

 

North Main                  East      2 hours;                        From a point 18 feet North

Street                                       All/All                           of Central Avenue to a point

59 feet North thereof

 

North Main                  East      2 hours;                        From a point 121 feet North

Street                                       All/All                           of Central Avenue to a point

118 feet North thereof

 

North Main                  West    2 hours;                        From a point 62 feet North

Street                                       All/All                           of Central Avenue to a point

70 feet North thereof

 

North Main                  West    2 hours;                        From a point 132 feet North

Street                                       All/All                           of Central Avenue to a point

70 feet North thereof

 

Park Place                    East      2 hours; 8:00                From a point 36 feet South

a.m. to 6:00                  of Main Street to a point

p.m./All days                68 feet East thereof

except Sundays

and holidays

 

Park Place                    North   2 hours: 8:00                From a point 106 feet West

a.m. to 6:00                  West of Main Street to a point

p.m./All days                68 feet East thereof

except Sundays

and holidays

 

Park Place                    South   2 hours; 8:00                From a point 11 feet East of

a.m. to 6:00                  Park Place to a point 58 feet

P.M./All days               east thereof

Except Sundays

And holidays

 

Park Place                    South   2hours: 8:00                 From a point 91 feet east of

a.m. to 6:00                  Park Place to a point 21 feet

p.m./All days                east thereof

except Sundays

and holidays

 

Park Place                    West    2 hours; 8:00                From a point 16 feet South of

a.m. to 6:00                  Central Avenue to a point

p.m./All days                106 feet South thereof

except Sundays

and holidays

 

§201-56. Schedule XIX: Handicapped Parking.

 

In accordance with the provisions of §201-25, the following described locations are hereby designated as handicapped parking:

 

Name of Street                       Side                             Location

Central Avenue             North                           From a point 30 feet West of

North Main Street to a point

35 feet West thereof

 

Central Avenue             South                           From a point 146 feet east of                                                                                                    Main Street to a point

35 feet east thereof

 

Main Street                              West                            From a point 110 feet South of

Park Place to a point

35 feet South thereof

 

North Main Street                    East                              From a point 125 feet South of

Park Place to a point

20 feet South thereof

 

North Main Street                    West                            From a point 40 feet North of

Central Avenue to a point

22 feet North thereof

 

Park Place                                East                              From a point 22 feet South of

Central Avenue to a point

14 feet South thereof

(diagonal parking)

 

Park Place                                South                           From a point 112 feet east of                                                                                                    the east curbline of

Park Place to a point

23 feet east thereof

 

§201-57. Schedule XX: Loading Zones.

 

In accordance with the provisions of §201-27, the following described locations are hereby designated as loading zones:

 

Name of Street                       Side                 Location

(Reserved)

 

[1] Editor’s Note: See Ch. A219, Fees.

 

 


 

Chapter 206 Vehicles, Storage of

 

§206-1.            Definitions.

§206-2.            Storage of campers, trailers and mobile homes.

§206-3.            Storage of boats.

§206-4.            Storage of commercial vehicles.

§206-5.            Storage on vacant property.

§206-6.            Repairs to vehicles.

§206.7.            Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]

GENERAL REFERENCES

Property maintenance-See Ch. 149.

Solid waste-See Ch. 174.

Abandoned or junked vehicles-See Ch. 198.

Vehicles and traffic-See Ch. 201.

§206-1.  Definitions.

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

ANTIQUE MOTOR VEHICLE- A motor vehicle, but not a reproduction thereof, manufactured more than twenty-five (25) years prior to the current year and which, because of discontinued production and limited availability, is considered to be a model or make of significant value to collectors or exhibitors and which has been maintained in or restored or will be maintained in or restored to a condition which is substantially in conformity with the manufacturer’s specifications and appearance.

BOAT- A vessel capable of carrying one (1) or more people and intended for use on or in water.

BUILDING- A relatively permanent, essentially boxlike structure having a roof and enclosing within its walls space for any of a wide variety of activities, such as living, entertaining, manufacturing, etc. As used in this chapter, the word “building” refers to principal buildings and accessory buildings unless specifically distinguished.

CAMPER- A motorized, self-propelled vehicle containing sleeping and other facilities for habitation.

CLASSIC MOTOR VEHICLE- A motor vehicle, but not a reproduction thereof, manufactured more than ten (10) years prior to the current year and which, because of discontinued production and limited availability, is considered to be a model or make of significant value to collectors or exhibitors and which has been maintained in, or restored, or will be maintained in, or restored to a condition which is substantially in conformity with the manufacturer’s specifications and appearance.

 

COMMERCIAL VEHICLE- Any vehicle used in conjunction with any business or trades, including but not limited to vehicles used for excavation and moving of earth and vehicles used for hauling of construction materials.

DWELLING UNIT- A separately contained housekeeping unit within a building, designed and intended for use by one (1) family and having facilities for cooking, eating and sleeping therein.

FAMILY- Any number of individuals related by blood, marriage or legal adoption, plus no more than one (1) other person not falling within any of the above categories, living and cooking together as a single housekeeping unit and occupying one (1) dwelling unit.

MOBILE HOME- A structure mounted on axles and wheels containing living facilities and which may be towed by automobile or truck from place to place. Such structure will be considered a “mobile home” for purposes of this chapter whether or not the wheels and axles are still in place.

MOTORCYCLE- An unenclosed vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground.

PARK or PARKING- The standing of a vehicle, whether occupied or not, on public or private property.

PERSON- Any person, firm, partnership, association, corporation, company or organization of any kind.

REAR YARD- The area across the full width of a lot, extending from its forward line of the principal building to the rear property line of the lot and bounded by the side property lines.

SEASONAL VEHICLE- Any motor vehicle, as defined in the New York State Vehicle and Traffic Law, that is licensed for six (6) months or less during any one (1) calendar year.

SEMITRAILER- A detachable trailer for hauling freight, having its forward end supported by the rear of its truck tractor when attached.

STORAGE- The parking of a vehicle for a period in excess of seventy-two (72) hours.

TRACTOR- A short truck with a body containing only a cab for the driver, used to haul detachable trailers.

TRACTOR TRAILER- A combination trucking unit consisting of a tractor and a trailer or semitrailer.

TRAILER, BOAT- A trailer intended for the purpose of moving boats from place to place.

TRAILER, CAMPER- A trailer containing sleeping and other facilities, the outside walls of which are partially collapsible into the body of the trailer to facilitate towing.

 

TRAILER, HOUSE- A trailer containing sleeping and other facilities, the outside walls of which are of rigid materials.

TRAILER, UTILITY- A trailer generally used for the hauling of miscellaneous household and yard materials.

VEHICLE- All of the foregoing vessels, vehicles, structures and trailers and also including every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power and excluding motorcycles and automobiles primarily intended for personal use.

§206-2.  Storage of campers, trailers and mobile homes.

•A.     No camper, camper trailer, mobile home or house trailer shall be stored outside at any place in the village on public property.

•B.     No camper, camper trailer, mobile home or house trailer having an overall length in excess of twenty-two (22) feet shall be parked at any place in the village on public property, nor shall any such vehicle be parked or stored outside on private property, without first obtaining a permit from the Board of Trustees, following a public hearing, unless such hearing is waived by the Board of Trustees.

•C.     A camper, camper trailer, mobile home or house trailer having an overall length of twenty-two (22) feet or less may be parked on public property and may be parked or stored outside on private property, subject to the following regulations:

•(1)   Only one (1) such vehicle per family may be parked or stored on any lot containing the dwelling unit of such family. The foregoing

notwithstanding, there shall be no restriction on the number of such vehicles parked or stored within an enclosed garage.

•(2)   Such vehicle shall only be parked or stored in a driveway or garage or behind the front line of the house.

•(3)   The parking or storage of such vehicle shall be in full compliance with the off-street parking requirements of the Village Code and shall not preempt the use of space needed for the off-street parking of other vehicles.

•(4)   The parking or storage of such vehicle shall be in full compliance with Chapter 201, Vehicles and Traffic of this Code.

•(5)   Such vehicles must belong to an owner or occupant of the premises upon which it is being parked or stored.

•(6)   Such vehicle shall not be used for any residential purpose except in accordance with the temporary provisions of this chapter.

•(7)   Such vehicle must be covered with an appropriate cover designed for such use.

 

§206-3.  Storage of boats.

 

•A.     No boat shall be stored outside at any place in the village on public property, and no boat having an overall length in excess of twenty (20) feet shall be stored outside at any place in the village on private property without first obtaining a permit from the Board of Trustees, following a public hearing, unless such hearing is waived by the Board of Trustees.

 

•B.     A boat having an overall length of twenty (20) feet or less may be stored on private property, subject to the following regulations:

 

•(1)   No more than two (2) such boats per family may be stored on any lot containing the dwelling unit of such family. The foregoing notwithstanding, there shall be no restriction on the number of such boats stored within an enclosed garage.

•(2)   Such storage shall be to the rear of the front line of any dwelling present on the lot. If compliance with this section is not possible due to the location of the dwelling on any particular lot, permission for a variance may be obtained from the Code Enforcement Officer.

•(3)   Such storage must be in the rear yard of any property containing a building.

•(4)   The storage of such boat shall not preempt the use of space needed for off-street parking of other vehicles.

•(5)   Such boat must belong to the owner or occupant of the premises upon which it is being stored.

•(6)   All boats so stored and not in an enclosed garage shall be covered in an appropriate manner.

 

§206-4.  Storage of commercial vehicles.

 

•A.     No commercial vehicle of any length shall be stored outside at any place in the village on public property.

 

•B.     No commercial vehicle having an overall length in excess of twenty-two (22) feet nor any tractor, tractor-trailer, semitrailer or construction vehicle of any length shall be stored outside on any private property in a residential district.

 

•C.     No commercial vehicle having an overall length in excess of twenty-two (22) feet nor any tractor, tractor-trailer, semitrailer or construction vehicle of any length shall be parked on public or private property in a residential district unless temporarily in connection with a bona fide commercial service, sales or delivery visit to such property.

 

•D.     A commercial vehicle which is not a tractor, tractor-trailer, semitrailer or construction vehicle, having an overall length of twenty-two (22) feet or less, may be parked on public property in a residence district and may be parked or stored outside on private property in a residence district, subject to the following regulations:

 

•(1)   Only one (1) such vehicle per family may be parked or stored on any lot containing the dwelling unit of such family. The foregoing notwithstanding, a maximum of two (2) such vehicles may be parked or stored on such lot, provided that one (1) of the vehicles is parked or stored within an enclosed garage or is completely from public view.

•(2)   Such vehicle shall only be parked or stored in a driveway or garage.

•(3)   The parking or storage of such vehicle shall be in full compliance with the off-street parking requirements of this Code and shall not preempt the use of space needed for the off-street parking of other vehicles.

•(4)   The parking or storage of such vehicle shall be in full compliance with Chapter 201, Vehicles and Traffic of this Code.

•(5)   Such vehicle must belong to an owner or occupant of the premises upon which it is being parked or stored.

 

§206-5.  Storage on vacant property.

 

No vehicle shall be parked or stored outside on any privately owned vacant property in a residence district held in single and separate ownership.

 

§206-6.  Repairs to vehicles.

 

No major repairs, whether involving the dismantling of vehicles or not, shall be made to such vehicles outside of an enclosed building. Minor repairs, such as but not limited to engine tuning, changing of spark plugs, changing oil, changing tires and similar procedures, shall be permitted. The provisions of this section shall not prohibit the repair of vehicles inside an enclosed garage or other building. Nothing herein shall be construed as permitting the commercial repair of vehicles in residence districts.

 

§206-7.  Penalties for offenses.

 

Any person, firm or corporation or such person’s agent, servant, workman or employee violating any of the provisions of this chapter shall be punishable by a fine not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) or imprisonment for a term not to exceed fifteen (15) days, or both such fine and imprisonment. Each day’s continuance of a violation after notice to cease shall be deemed a separate and distinct offense and shall be punishable accordingly.

 

 


Chapter 210 Water

 

§210-1.            Title.

§210-2.            Intent.

§210-3.            Applicability.

§210-4.            Rules and regulations as part of contract.

§210-5.            Permit application.

§210-6.            Installation of services.

§210-7.            Water tap fees.

§210-8.            Owner responsibilities; cost to become lien.

§210-9.            Interruption of service; village rights.

§210-10.          Multiple users’ nonpayment or violation of rules.

§210-11.          Inspection; shutting off service for fraud or waste.

§210-12.          Shutting off water for repairs or construction.

§210-13.          Water conservation; notice.

§210-14.          Owner’s responsibility for consumption and leaks.

§210-15.          Discontinuance of service; resumption; charges.

§210-16.          Water for builder’s use; permit; fees.

§210-17.          Water for special works; permit; fees.

§210-18.          Fire plugs and hydrants.

§210-19.          Meter use required; damage; costs to become lien.

§210-20.          Failure of meter to register.

§210-21.          Meter charges.

§210-22.          Removal or disturbance of meter.

§210-23.          Access to meters.

§210-24.          Meter testing.

§210-25.          Meters for residents.

§210-26.          Meters for nonresidents.

§210-27.          Establishment of water rates; late charges.

§210-28.          Terms of payment.

§210-29.          Additional charges.

§210-30.          Consumption periods; computation if meter not read.

§210-31.          Special readings.

§210-32.          Abatements from water bills.

§210-33.          Termination of service charges.

§210-34.          Collection of charges; assessment against property.

§210-35.          Interference with water system; penalties.

§210-36.          Penalties for offenses.

§210-37.          Procedures for termination of service; hearing.

§210-38.          Appeal.

§210-39.          Backflow preventer.

 

[HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek

2-7-1983 as Ch. 45 of the 1983 Code. Amendments noted where applicable.]

 

GENERAL REFERENCES

Sewers-See Ch. 159.

 

§210-1. Title.

 

This chapter shall be known and may be cited as the “Water Service Law of the Village of Silver Creek, New York.”

 

§210-2. Intent.

 

•A.     It is the intent of the Village of Silver Creek to continue to furnish an adequate supply of pure and wholesome water to the residences and business establishments in the Village of Silver Creek and its immediate vicinity; and also to supply sufficient water with sufficient pressure in its water supply system to adequately protect the buildings in the village from damage or destruction by fire and to permit the residents of the village to have the protected rate of the fire rating organizations on their fire insurance for both their buildings and personal property.

 

•B.     This chapter is therefore enacted in order that the water supply system may be properly maintained, improved and extended primarily for the benefit of the water users and taxpayers within the village limits.

 

§210-3. Applicability.

 

This chapter shall be applicable to all property and water users within the Village of Silver Creek, and the terms of this chapter shall be applicable to all water users outside of the Village of Silver Creek as terms of a contract in accordance with which water is to be supplied to such outside users.

 

§210-4. Rules and regulations as part of contract.

 

The rules and regulations set forth in this chapter shall be considered a part of the contract of any person who obtains water from the village, and all such persons shall be considered as having expressed their consent to be bound thereby.

 

§210-5. Permit application.

 

All persons desiring a water supply from the village must first make a written application to the Village Clerk stating fully the several and various uses for which the water is to be used. Such application must be signed by the owners of the premises or their duly authorized agent, whereupon a permit to perform the work and no other will be issued. When the work is completed to the satisfaction of the Water and Sewer Superintendent or an authorized inspector and in compliance with all the rules and regulations and on payment of the water rates and all other expenses due the village at the Village Clerk’s office, the water shall be turned on at the premises.

 

§210-6. Installation of service.

 

•A.     Applicant to pay expenses. All the expenses attending the introduction of water from the curb cock into any premises must be paid by the applicant.

 

•B.     Plumber. The plumber employed and designated by the owner of the premises will be considered as the agent of such owner while employed in the prosecution of the work introducing water in the premises and will not be recognized in any sense as the agent of the village, nor will the village hold itself responsible for the acts of such plumber.

 

•C.     Taps and curb boxes. The Water and Sewer Superintendent or any other employee of the village designated by the Board of Trustees to do so will determine the size of the taps to be inserted in any water main and the form and size of the curb box to be used under any application and permit and furnish such taps and curb boxes at the expense of the applicant, to be paid for on making the application.

 

•D.     Taps, tees and connections in water main.  The work of inserting the taps, tees and connections in any water main shall be done only by persons employed by the village to make such connections or by a contractor who has been approved by the village prior to the work being performed, and all such taps shall be made at the side of the main unless otherwise authorized by the Water and Sewer Superintendent. [Amended 1-18-1993 by L.L. No. 1-1993[1]]

 

•E.      Curb boxes and street boxes set in sidewalks.  In cases where the curb boxes and street boxes are set in the pavement of the sidewalks, the tops of the boxes are to be level with the surface of the pavement.

 

•F.      Required depth. The owners receiving a permit for the introduction of water service into their premises will be required to cause such service to be placed not less than four (4) feet below the surface of the earth at any place between the water main and the street and the inside of the foundation wall of the building into which the water service is introduced.

 

•G.     Separate trench required.  Any water pipe, which is to operate as a water main, shall not be laid in the same trench with the sewer, either public or private, and no water service pipe shall be laid in the same trench with a lateral sewer under any circumstances.

 

•H.     Connection of service pipes to water main.  All service pipes from the water main must be connected with the main by a separate pipe of not less than three-fourth (3/4) inch in diameter.

 

•I.        Service pipes to be of copper or a polyethylene material; exception.  All service pipes must be of Type K copper or polyethylene NSF/ANSI 61 certified and rated for a minimum of 200 psi.  All service pipes of a diameter of one (1) inch or larger must first be approved by the Water and Sewer Superintendent before installation.

 

•J.       Stop- and waste cocks.  Just inside the basement wall into which a service pipe extends, a stop- and waste cock shall be conveniently located and arranged so that water may be drawn back and all the pipes within the building emptied through such stop- and waste cock by opening the faucets at the highest point therein and allowing the air to enter such pipes.

 

•K.    Inspection before covering service pipes.  Before covering any service pipe in the street, the plumber shall notify the Water and Sewer Superintendent or other proper officer when the pipe is ready for inspection and shall not cover the same until it has been inspected and approved.

 

•L.      Turning on water.  Water will be turned on to the premises only after the work has been completed as required by the rules and regulations set forth in this chapter. The curb cock controlling any service shall not be left open after such service has been connected with the street main or after making any new extensions in unoccupied premises by such service without a written permit from the Water and Sewer Superintendent.  In cases where the water is then in use and when a permit has been duly obtained for the same, then the water may be left on at the premises and the owner will be charged for the additional use from the date of the application.

 

•M.    Supplying two (2) or more buildings from single tap.  Permission will not be granted to supply two (2) or more buildings fronting on the same street from a single tap unless the service shall be divided at the curb and a separate service extended from and controlled by a separate cub box for each service.  In case only one (1) of several buildings occupy the frontage of a single lot and others are located in the rear of the front building, then permission may be granted to supply all of such buildings from one (1) service in case the owner of the premises shall pay for all the water used.

 

§210-7. Water tap fees. [Amended 9-18-1989 by L.L. No. 4-1989[2]]

 

•A.     Fees for water taps shall be as set forth from time to time by resolution of the Board of Trustees. [Amended 1-18-1993 by L.L. No. 1-1993[3]]

 

•B.     Nonresidents’ charges shall be based on time and materials and determined by the Board of Trustees.

 

§210-8. Owner responsibilities; cost to become lien.

 

The owners of the property into which water is introduced by a service pipe will be required to maintain in perfect order and repair at their own expense the service pipe and its fixtures and appurtenances, including all fixtures therein provided for delivering or supplying water for any purpose, and in case such service and fixtures are not kept in perfect repair, the Water and Sewer Superintendent or other village employee shall shut off the supply of water therefrom without notice or may make necessary repairs, and the expense incurred shall be a lien against the property.

 

§210-9. Interruption of service; village rights.

 

The village undertakes to use reasonable care and diligence to provide a constant supply of water through its mains to consumers but reserves the right at any time without notice to shut off the water in its mains for the purpose of repairs or extensions or for any other similar purpose, and the village shall not be liable for the deficiency or failure in the supply of water for any cause whatsoever or for any damage caused thereby or by the bursting or breaking of any mains or service pipes or any accident to the waterworks, but it is the intention of the village when practicable to give suitable notice of such shutting off to the consumer, and no deduction from the water bill will be made in consequence thereof.

 

§210-10. Multiple users’ nonpayment or violation of rules.

 

•A.     When water shall be supplied to more than one (1) party through a single tap, the bill for the water supply will be made to the owner of the premises, and in case of nonpayment, the water may be shut off, notwithstanding one (1) or more of the parties may have paid their proportion to such owner or any other person.

 

•B.     Whenever two (2) or more parties are supplied by the same service pipe, the failure of any one (1) of the number to pay the water rents when due or to comply with any rule shall authorize the village to turn the water off from such pipe until the rates, terms and conditions are complied with.

 

§210-11. Inspection; shutting off service for fraud or waste.

 

It is understood and agreed that the Water and Sewer Superintendent or any other employee of the village authorized by the Board of Trustees, its agents and assistants may enter the premises of any consumer at any reasonable time to examine the pipe and fixtures, the quantity of water used and the manner of its use.  In case of fraudulent representation on the part of any consumer or unnecessary waste of water, all payments made will be forfeited and the water supply shut off.

 

§210-12. Shutting off water for repairs or construction.

 

In case of making repairs or constructing any new work, the Board of Trustees reserves the right to shut off the water from any consumer without notice and keep it shut off as long as may be necessary.

 

§210-13. Water conservation; notice.

 

The Board of Trustees reserves the right to limit the amount of water furnished to any consumer when circumstances warrant such action, although no limit may be stated in the application or permit for such use, or the Board of Trustees may entirely cut off the use for any manufacturing purpose or any use for supplying power at any time by giving reasonable notice to the consumer of such intended action.

 

§210-14. Owner’s responsibility for consumption and leaks.

 

The owner of the premises to which water is supplied shall be chargeable with all water taken from the village mains, and if leaks occur in the service lines between the curb stop and the meter, the Water and Sewer Superintendent may estimate the amount of the water lost by such leaks and charge the same to the owner of the premises.

 

§210-15. Discontinuance of service; resumption; charges.

 

•A.     By consumer.

•(1)   Notice. Consumers wishing to discontinue the use of water supply from the waterworks must give notice thereof at the Village Clerk’s office, and they will be charged with the use until such notice is given.

•(2)   Shutoff charge. In the event that water is shut off at the request of the property owner and a final bill rendered, a shutoff charge, as set forth by resolution of the Board of Trustees shall be paid.

[Amended 1-18-1993 by L.L. No. 1-1993[4]]

 

•B.     By village.

•(1)   Resumption of service. Whenever water has been turned off by the           officers or agents of the village for nonpayment of water rents or for the purpose of repair or construction or for any other necessary or proper reason, no person shall turn the same on again who is not duly authorized to do so by the Board of Trustees.

•(2)   Nonpayment or violations. When water is turned off for nonpayment of rents or for violation of any rule or regulation, it shall not be turned on again until the party in default shall pay all water rents due and the amount of all penalties which may be imposed by the regulations set forth in this chapter or by resolution of the Board of Trustees.

 

•(3)   Turn on charge.[5] In the event that service is discontinued or decreased by the village for nonpayment of the water bill, service shall not be resumed until all bills and penalties are paid in full and an additional turn-on charge as set forth by resolution of the Board of Trustees is paid. [Amended 1-8-1993 by L.L. No. 1-1993[6]]

 

§210-16. Water for builder’s use; permit; fees[7]

 

No contractor shall take water from the village without a builder’s permit for every separate job.  When any person desires to use the village water on any premises for building purposes of any description, the owners of such premises or their agent having such premises in charge must, before using village water for such purposes, make a regular application at the office of the Village Clerk for permission therefore and agree to pay such fees therefor as the Board of Trustees may prescribe from time to time by resolution.[8]

 

§210-17. Water for special works; permit fees.[9]

 

No person shall use the village water for flushing a sewer, settling earth in ditches or any similar purpose without a permit from the Water and Sewer Superintendent and paying for such fees as set forth by resolution of the Board of Trustees in advance.[10]

 

§210-18. Fire plugs and hydrants.

 

No person shall open any fire plug or hydrant or draw water therefrom except under the direction of the Water and Sewer Superintendent and also excepting that the Chief of the Fire Company serving the village, the Chief’s assistants, officers and members of the Company are authorized to use the hydrants and plugs for the purpose of extinguishing fires, cleaning engines, hoses or company materials or making trials of the engines and hoses of the company, but all such uses shall be under the supervision and direction of the Chief of the Fire Company and assistants, and in no event will an inexperienced and incompetent person be allowed to control or manipulate in any way hydrant, plug or other fixture.

 

§210-19. Meter use required; damage; costs to become lien.

[Amended 9-18-1989 by L.L. No. 4-1989; 1-18-1993 by L.L. No. 1993]

 

No water use shall be given to any person except through a meter, unless otherwise ordered by resolution of the Board of Trustees.  The village will provide all meters up to one (1) inch in size.  All meters over one (1) inch will be provided by the person requesting the meter or the property owner.  All meters must be approved by the Water and Sewer Superintendent before installation of the meter.  After the meter is attached, any damage which such meter may sustain resulting from the carelessness of the owner, agent or tenant or from the neglect of them to properly secure and protect the same or any damage that may result from allowing the meter to become frozen or to be injured by hot water or steam setting back from a boiler or for any other cause shall be paid by the owner on demand, and in case such payment is not so made, the water may be shut off from the premises without notice and will not be turned on again until all charges are paid, and the amount of such charges shall be a lien against the property.

 

§210-20. Failure of meter to register.

 

If a meter becomes damaged and fails to register, the consumer will be charged at the average consumption as shown by the meter when in order.

 

§210-21. Meter charges.

 

            All water passing through a meter will be charged for, whether used or wasted.

 

§210-22. Removal or disturbance of meter.

 

No meter shall be removed or disturbed without permission from the Water and Sewer Superintendent.

 

§210-23. Access to meters.

 

The owner and tenant shall provide ready and convenient access to the meter so that it may be frequently read and examined by the agents or employees of the village.

 

§210-24. Meter testing.

[Amended 9-18-1989 by L.L. No. 4-1989; 1-18-1993 by L.L. No. 1-1993[11]]

 

Meters will be tested upon request.  If any meter so tested shall be found to be registering correctly or to be running slowly or not to exceed two percent (2%) fast, the expense of removing and testing such meter as set forth by resolution of the Board of Trustees will be charged to the property owner.[12]  All bills for testing meters will be treated as water bills under the regulations set forth in this chapter.

 

§210-25. Meters for residents.  [Amended 9-18-1989 by L.L. No. 4-1989[13]]

 

All meters for properties located within the village and subject to village taxes will be listed under the name of the owner of the property, and all water used in connection with such property will be billed to the owner of the property.  No deposit for the first water meter for each unit will be required.  A deposit, which shall be as set forth by resolution of the Board of Trustees, will be required for each additional water meter.[14]

§210-26. Meters for nonresidents. [Amended 9-18-1989 by L.L. No. 4-1989[15]]

For all properties located outside the village which are supplied with water by the village as individual users and not through a water district, all meters will be listed under the name of the property owner, and such owner will required to deposit a sum of as set forth by resolution of the Board of Trustees[16] with the village, and such owner shall be responsible for payment of the cost of water used in connection with the premises.  All such water shall be billed directly to the owner.

§210-27. Establishment of water rates; late charges.

 

•A.     Establishment of rates. The Board of Trustees shall from time to time establish water service charges and water consumption charges for both resident consumers of water within the village and nonresident consumers of water outside of the village.

•B.     Late charges.  In the event that a resident or nonresident consumer shall not pay a water bill within thirty (30) days from the due date of said bill, an additional ten percent (10%) of the total charge shall be added to the amount due as a late charge.

§210-28. Terms of payment.

•A.     Water service charges.  Water service charges shall be due and payable at the office of the Village Clerk on the first day of February and August of each year. [Amended 9-18-1989 by L.L. No. 4-1989]

•B.     Water consumption charges.  Water consumption charges based on six (6) months previous consumption of water shall be due and payable at the office of the Village Clerk on the first day of May and November of each year. [Amended 9-18-1989 by L.L. No. 4-1989]

•C.     Nonpayment.  If any water bill is not paid within thirty (30) days from the due date, the water shall be turned off.

•D.     Billing.  Bills will be sent out to consumers, but the failure of any consumer to receive a bill promptly shall not excuse nonpayment of the same.

 

§210-29. Additional charges.

 

•A.     All charges for material furnished or work done by employees of the village in connection with the water service will be treated as water charges.

 

•B.     Whenever the Water Department is called out after hours to investigate a possible water problem and if the problem is found not to be the village’s, the property owner or the person requesting assistance may be charged for any cost related to the investigation (e.g., overtime).  These charges will be added to the water and sewer bills.[17]

 

•C.     Contractors.  If a contractor, while working for the property owner or tenant, damages any property owned by the village, the contractor or person working will be liable for any cost related to repairs made by village employees.[18]

 

§210-30. Consumption periods; computation if meter not read.

 

All water consumption charges will be based on six (6) months’consumption, and whenever water is supplied through a meter, the meter rate for a period of six (6) months will be charged.  If for any reason a meter is not read semiannually, the charge will be based on average consumption.

 

§210-31. Special readings. [Amended 9-18-1989 by L.L. No. 4-1989[19]]

 

A charge as set forth by resolution of the Board of Trustees will be made for any special reading.[20]

 

§210-32. Abatements from water bills.

 

•A.     No abatements from any water bill shall be made where the owner or consumer has not complied with the requirements of the rules or regulations set forth in this chapter in making application for having the water turned off from service or giving any notice under the regulations set forth in this chapter nor from failure to use the maximum amount allowed by the semiannual consumption charge.

 

•B.     No abatement from any water bill will be made in cases where the charge for water results from a failure on the part of the owner or consumer to repair promptly any broken or defective fixture or service.

 

•C.     No abatement from any water bill will be made in cases where any fixture is left open for waste of water or continuous flow of the same by any tenant or occupant of any premises supplied with village water.

 

•D.     No abatement granted in any case shall establish a precedent for any abatement in any following or ensuing bill nor for an abatement in any other case, but each case shall be determined upon its merits.

 

•E.      No abatement from any water bill or remittance of any penalty provided by the rules set forth in this chapter shall be made, except with a concurrence of a majority of the Board of Trustees.  The Village Clerk shall keep a record of its action in each particular case.

 

§210-33. Termination of service charges. [Amended 7-5-1994 by L.L. No. 1-1994]

 

Service charges may be terminated under the following conditions:

 

•A.     The dwelling must be uninhabitable (i.e., damage due to fire or flooding).  The dwelling must be vacant for a minimum of nine (9) consecutive months.

 

•B.     The water meter must be removed.

 

•C.     The water must be turned off at the curb cock or, in the case of apartment, the valve must be off and sealed by the Water Department.

 

•D.     The Water Department must be notified of the intent to terminate the service charge, and all required actions must be completed prior to the time when service bills are mailed.  Once a service bill is mailed, it will not be withdrawn.

 

•E.      The owner must pay all turnoff and turn-on charges, and termination of the service charges shall not occur until all activities described in this section have been approved by the Water Department.

§210-34. Collection of charges; assessment against property.

 

•A.     Lien.  All sums charged for water supplied, whether water service charges or water consumption charges, or for expenses for the repair of service meters, fixtures and all other appurtenances connected with the water service or for damage to the same or for fines imposed for violation of any rule of the Board of Trustees shall be regarded as due from the owner of the premises and shall be a lien upon the real property until paid.  If such sums are not paid on demand from such owner or occupant of the premises and the water shall be turned off on account of nonpayment, no application for water service for such premises shall be granted by the Board of Trustees or any officer or employee of the village, notwithstanding that such premises shall have changed owner ship in any way, until such sums unpaid shall have been paid in full to the Village Clerk.

 

•B.     Delinquent water register.  A book shall be kept in the Village Clerk’s office which shall be called the “delinquent water register,” which shall contain the street number and location of premises from which the water has been turned off for nonpayment of water rents, fines, etc., and the sum remaining unpaid, which book shall be for the information and protection of persons intending to purchase property within the village, and such persons may ascertain at the office whether any charges for such unpaid water rates, etc., appear upon such register.

•C.     Assessment and collection with village tax.  Anything herein contained shall not prevent the village from using any other means or methods of collecting such charges, and any charges unpaid at the time the annual village tax roll is made up may be assessed and levied against the real property and collected with the annual tax in the same manner as any other and local assessment. A re-levy fee of $200.00 will be assessed to Village residents.

[Amended 6-20-11 by L.L. No. 1 2011]

•D.     Assessment and collection non-village residents.  A fee of $200.00 will be charged when turning off/on water to consumers outside the Village limits for any unpaid charges.  The fee is to be paid in full before water will be turned back on by an employee of the Water and Sewer Department or those acting under the direction of the Water and Sewer Superintendent.

[Amended 6-20-11 by L.L. No. 1 2011]

§210-35. Interference with water system; penalties.

•A.     Stop valves, stopcocks or gate valves.  It shall be unlawful for any person, unless duly authorized, to open, close, turn or interfere with any stop valve, stopcock or gate valve belonging to the village.

•B.     Injury to village water supply.  The malicious, willful, careless or negligent destruction of or injury to any of the works or property in any way connected with the water supply of the village is hereby prohibited.  Any person violating this provision shall be subject to immediate arrest and prosecution in accordance with the Penal Law of the State of New York[21]

•C.     Street mains.  No person, except the Water and Sewer Superintendent or those acting under the direction of the Water and Sewer Superintendent shall open or close any valve or gate in the street mains or molest or interfere with the same in any manner whatsoever.

•D.     Water laterals.  No person, except the Water and Sewer Superintendent or those acting under the direction of the Water and Sewer Superintendent shall add to or interfere with any connection or in any way interfere with the waterline between any curb cock and water meter.

 

§210-36. Penalties for offenses.[22]

 

Any person who shall violate any provisions of this chapter, other than nonpayment of water bills or charges and violations of §210-35B, shall be punished by a fine of not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) or imprisonment for not more than fifteen (15) days, or both.

 

§210-37. Procedures for termination of service; hearing. 

Notwithstanding any of the foregoing provisions, except in case of emergency, temporary interruption necessitated by repairs, extensions or maintenance operations, shortage of water or similar situations, no service shall be terminated by the village without complying with the following procedures:

•A.     Notice of violation and hearing.  Upon the determination by the Water and Sewer Superintendent that a violation has occurred pursuant to this chapter or that a bill for services or other charges has become delinquent, the Water and Sewer Superintendent shall notify the Village Clerk of the same, who shall notify, in writing, the occupant or occupants of the affected premises, as well as the owner thereof, either personally or by certified mail at the last known address of such persons, setting forth specifically the grounds for termination of service and the time and place of hearing within the village.  Such notice shall be served at least ten (10) days prior to the date of the hearing and shall contain a warning that unless such person or persons shall appear and offer proof or other evidence at such hearing, the service may be terminated without further notice.

•B.     Conduct of hearing.  At the time and place specified in the notice, the Water and Sewer Superintendent or other village official designated by the Board of Trustees hereafter referred to as the “hearing officer,” shall conduct the hearing and such proof or evidence that may be presented by the village and the other interested parties.

•C.     Determination.  At the close of the hearing, the hearing officer may order the termination of the service or other appropriate action as the hearing officer may determine.

§210-38. Appeal.

Any person aggrieved by the action of the hearing officer shall have the right to appeal to the Board of Trustees.  Such appeal shall be taken by filing within fourteen (14) days after notice of the action complained of has been mailed to such person’s last known address, together with a written statement setting forth fully the grounds for appeal.  The Board of Trustees shall set a time and place for the hearing on such appeal, and notice of such hearing shall be mailed to the applicant at the applicant’s last known address at least five (5) days prior to the date set for the hearing.  The decision and order of the Board of Trustees shall be final and conclusive.

§210-39. Backflow preventer. [Amended 11-18-2009 by L.L. No. 5-2009]

           

Service connections that provide water have a potential to be hazardous, posing a risk of contamination to the public waters system through backflow.  Therefore, all water services for commercial facilities whether new, existing or any that are determined by the Silver Creek Water Department, New York State Department of Health (NYSDOH) or Chautauqua County Department of Health (CCDOH) to be potentially hazardous shall have a NYSDOH approved backflow prevention device after the master water meter.  Such device shall be installed in accordance with engineering plans and specifications approved by either the NYSDOH or CCDOH.  All backflow prevention devices shall be tested each year with results filed with the Water Department Superintendent or operator of the department.

 

[1] Editor’s Note:  Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[2] Editor’s Note:  See Ch A219, Fees.

[3] Editor’s Note:  Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[4] Editor’s Note:  Amended at time of adoption of Code; see Ch. 1 General provisions, Art. I.

[5] Editor’s Note:  See Ch. A219, Fees.

[6] Editor’s Note:  Amended at time of adoption of Code; see Ch. 1 General provisions, Art. I.

[7] Editor’s Note:  Amended at time of adoption of Code; see Ch. 1 General provisions, Art. I.

[8] Editor’s Note:  See Ch. A219, Fees.

[9] Editor’s Note:  Amended at time of adoption of Code; see Ch. 1 General provisions, Art. I.

[10] Editor’s Note:  See Ch. A219, Fees.

 

[11] Editor’s Note:  Amended at time of adoption of Code; see Ch. 1 General provisions, Art. I.

[12] Editor’s Note:  See Ch. A219, Fees.

[13] Editor’s Note:  Amended at time of adoption of Code; see Ch. 1 General provisions, Art. I.

[14] Editor’s Note:  See Ch. A219, Fees.

[15] Editor’s Note:  Amended at time of adoption of Code; see Ch. 1 General provisions, Art. I.

[16] Editor’s Note:  See Ch. A219, Fees.

[17] Editor’s Note:  Amended at time of adoption of Code; see Ch. 1 General provisions, Art. I.

[18] Editor’s Note:  Amended at time of adoption of Code; see Ch. 1 General provisions, Art. I.

[19] Editor’s Note:  Amended at time of adoption of Code; see Ch. 1 General provisions, Art. I.

[20] Editor’s Note:  See Ch. A219, Fees.

[21] Editor’s Note:  Amended at time of adoption of Code; see Ch. 1 General provisions, Art. I.

[22] Editor’s Note:  Amended at time of adoption of Code; see Ch. 1 General provisions, Art. I.

 


Chapter 215 Zoning

 

ARTICLE I

General Provisions

 

§215-1.            Title.

§215-2.            Purpose.

ARTICLE II

Terminology

 

§215-3.            Definitions and word usage.

ARTICLE III

District Regulations

 

§215-4.            Establishment of districts.

§215-5.            Zoning map.

§215-6.            Interpretation of zoning map.

§215-7.            Application of regulations.

§215-8.            Table of district regulations.

 

ARTICLE IV

Supplementary Regulations

 

§215-9.            Table subject to additional regulations.

§215-10.          Trailers and trailer camps.

§215-11.          Accessory use limitations.

§215-12.          Farm operations and animal housing.

§215-13.          Lots in two districts.

§215-14.          Parking requirements.

§215-15.          Public utilities.

§215-16.          Excavations; quarries.

§215-17.          Solid waste and sewage disposal.

§215-18.          Storage of flammable liquid or gas.

§215-19.          Stripping of topsoil.

§215-20.          Swimming pools.

§215-21.          Signs; billboards.

§215-22.          Height exceptions.

§215-23.          Area and yards.

§215-24.          Visibility at intersections.

§215-25.          Driveway openings.

§215-26.          Fences.

§215-27.          Approval of special use permits.

§215-28.          Special permit considerations.

§215-29.          Additional standards for permits for specific uses.

§215-30.          Nonconforming buildings and uses.

 

ARTICLE V

Administration and Enforcement

§215-31.          Code Enforcement Officer.

§215-32.          Building permits.

§215-33.          Exceptions.

§215-34.          Certificate of occupancy.

§215-35.          Applicability to farm structures and uses.

§215-36.          Board of Appeals established.

§215-37.          Powers and duties of Board of Appeals.

§215-38.          Amendments.

§215-39.          Penalties for offenses.

§215-40.          Construal of provisions.

§215-41.        Regulations of telecommunication facilities.

 

[HISTORY:  Adopted by the Board of Trustees of the Village of Silver Creek

2-7-1983 as Ch. 30 of the 1983 Code.  Amendments noted where applicable.]

 

GENERAL REFERENCES

Antennas-See Ch. 53.

Building construction and fire prevention-See Ch. 63.

Moving of buildings-See Ch. 67.

Unsafe buildings-See Ch. 71.

Outdoor burning-See Ch. 74.

Coastal erosion-See Ch. 82.

Flood damage prevention-See Ch. 111.

Mobile homes-See Ch. 140.

Property maintenance-See Ch. 149.

Signs and billboards-See Ch. 164.

Streets and sidewalks-See Ch. 180.

ARTICLE I

General Provisions

§215-1.  Title.

This chapter shall be known and may be cited as the “Zoning Law of the Village of Silver Creek, New York.”

§215-2.  Purpose.

 

There is hereby established a Comprehensive Zoning Plan for the Village of Silver Creek, New York, which plan is set forth in the text, schedules and map that constitute this chapter.  This chapter is adopted for the purposes set forth in

§7-704 of Article 7 of the Village Law (Chapter 64 of the Consolidated Laws of the State of New York), which, in the interest of the protection and promotion of the public health, safety and welfare, shall be deemed specifically to include the following, among others:

•A.     To provide efficient and adequate provision for public facilities and services.

•B.     To provide reasonable privacy for families.

•C.     To prevent and reduce traffic congestion, including provisions for and control of parking.

•D.     To protect residential areas by, among other means, the control of visual intrusion of nonresidential uses upon said residential areas.

•E.      To enhance the appearance of the village as a whole.

•F.      To encourage flexibility in the design and development of land so as to promote its most appropriate use, facilitate the adequate and economic provisions of streets and utilities, preserve the natural and scenic qualities of open land and enhance and protect the environmental quality of the village.

ARTICLE II

Terminology

 

§215-3.  Definitions and word usage.

 

•A.     Word usage.

•(1)    Words used in the present tense include the future.

•(2)    The singular number includes the plural and the plural the singular.

•(3)    The word “person” includes a corporation as well as an individual.

•(4)    The word “lot” includes the word “plot.”

•(5)    The term “occupied” or “used” as applied to any building shall be construed as though followed by the words “or intended, arranged or designed to be occupied or used.”

•(6)    The word “shall” is mandatory and not directory.

•(7)    The term “village” means the Village of Silver Creek, New York.

•(8)    The terms “Village Board”, “Planning Board” and “Board of Appeals” mean the Village Board of Trustees of Silver Creek and the Planning Board and the Village Board of Appeals of said village, respectively.

•B.     Specific Terms.  As used in this chapter, unless the context or subject matter otherwise requires, the following words shall have the following meanings:

ABANDONMENT – The voluntary, absolute relinquishment, the giving up of a known right to which one is entitled with the intention of permanently terminating or parting with such right.  “Abandonment” depends upon the concurrence of two elements or factors:

•(1)    The intention to relinquish, to permanently give up a known right to continue the nonconforming use.

•(2)    The cessation of such nonconforming use, an overt act or failure to act, implying that the owner intends to permanently cease from putting the premises to the nonconforming use.

[Amended 3-3-1998 by L.L. No. 3-1998]

 

ACCESSORY BUILDING – A subordinate building located on the same lot                 with the main building, occupied by or devoted to an accessory use.  Where an “accessory building” is attached to the main building in a substantial manner, as by a wall or roof, such “accessory building” shall be considered part of the main building.

ACCESSORY USE – A use customarily incidental and subordinate to the main use or building and located on the same lot therewith.  In no case shall such “accessory use” dominate, in area, extent or purpose, the principal lawful use or building, except that vehicle-parking areas may be larger than the building area.

ALTERATION–As applied to a building or structure, means 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 the moving from one location or position to another.  “Alterations” shall include repairs to fire-damaged buildings, the erection of roof dormers or bay windows, the enclosure of open porches and stairs and any interior partition changes that increase existing living area space or create additional dwelling units.

APPLICANT-A person making written application to the Highway Superintendent for a driveway-opening permit hereunder.

[Added 3-3-1998 by L.L. No. 3-1998]

 

APPLICATION-A completely filled out and signed application on the form specified by the Street Superintendent with other necessary and required supplemental information, such as maps and plans thereto.

[Added 3-3-1998 by L.L. No. 3-1998]

 

AREA, BUILDING-The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of patios, terraces and steps.

AUTO COURT-A building or group of buildings used primarily as sleeping or living quarters for transient automobile travelers and providing for accessory off-street parking, but with no cooking facilities except in a restaurant or caretaker’s unit.  The term includes tourist courts, cabin courts, motels, motor lodges and similar appellations.

AUTO-WRECKING YARD-The use of any area or portion of any lot or plot, whether inside or outside a building, for the temporary storage of automobiles awaiting dismantling or the dismantled parts of automobiles or for the dismantling, cutting, demolition and burning of automobiles.

BASEMENT-A story partly underground but having less than ½ of its clear height below finished grade.

BOARDING-OR ROOMING HOUSE-The furnishing of meals and/or living accommodations for five or more persons on a weekly or longer-time basis for compensation[1]

BOARD OF APPEALS or ZONING BOARD OF APPEALS-Designated in §§ 215-36A of this Code, the Board appointed pursuant to §7-712 of the Village Law to handle appeals pertaining to this chapter.

[Added 3-3-1998 by L.L. No. 3-1998]

BOATHOUSE-A structure, which has direct access to a body of navigable water and is used for the storage of vessels and associated equipment and does not have bathroom or kitchen facilities and is not designed or used for lodging or residency. [Added 3-3-1998 by L.L. No. 3-1998]

BOAT STORAGE, COMMERCIAL-A place, site or structure used to park, house or store on any one lot more than three vessels, excepting canoes, rowboats or sailboats.  [Added 3-3-1998 by L.L. No. 3-1998]

BOAT STORAGE, PRIVATE-A place, site or structure used to park, house or store on any one lot three or fewer vessels, excepting canoes, rowboats or sailboats.  [Added 3-3-1998 by L.L. No. 3-1998]

BUILDING-Any structure, stationary or movable, having a roof supported by columns or walls and intended for shelter, housing or enclosure of persons, animals or chattels.

BUILDING, FRONT LINE OF-The base line of a vertical plane, parallel to the street line and extending from one lot line to another, beyond which no portion of a building shall extend into the front yard.  Side and rear building lines shall be determined in a comparative manner.

BUILDING HEIGHT-The vertical distance measured from the average elevation o the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

BUILDING, PRINCIPAL-A building in which is conducted the main or principal use of the lot on which said building is located.

CABANA-A building or structure to be used as a bathhouse in conjunction with a swimming pool.

CAMPING GROUND-A lot used for overnight or longer occupancy by campers, house trailers, tents or other movable or temporary dwelling or sleeping quarters for human beings, but not including such occupancy when accessory to a dwelling on the same lot and limited to seasonal use by member of the immediate family residing in said dwelling.

CELLAR-A story partly underground and having ½ or more of its clear height below the average level of the adjoining ground.  A “cellar” shall not be considered in determining the permissible number of stories.

DOG KENNEL-The keeping of more than three dogs that are more than six months old.

DRAINAGE SYSTEM-Any natural or unnatural waterway, including creeks, highway ditches, culverts and storm drains.

[Added 3-3-1998 by L.L. No. 3-1998]

DRIVEWAY-A means of access for motor vehicles to the property specified on the application, including residential driveways and intense-use driveways.  [Added 3-3-1998 by L.L. No. 3-1998]

DRIVEWAY, INTENSE-USE-A means of access for motor vehicles to property upon which is situated a dwelling containing three or more family units, to property for commercial, industrial or other nonresidential uses or to a private road.  [Added 3-3-1998 by L.L. No. 3-1998]

DRIVEWAY OPENING-The intersection of any driveway or modification with the pavement of a village road, with a village right-of-way or with any drainage system.  [Added 3-3-1998 by L.L. No. 3-1998]

DRIVEWAY, RESIDENTIAL-a means of access for motor vehicles to property upon which is located a one or two-family dwelling.

[Added 3-3-1998 by L.L. No. 3-1998]

DUMP-A parcel of land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

DWELLING-A building used as the living quarters for one or more families, but not including a boardinghouse or rooming house, hotel or lodging house or auto court.

DEWLLING GROUP-A group of two or more dwellings located on the same lot and having any yard or open space in common.

DWELLING, MULTIPLE-A swelling which is occupied as the temporary or permanent residence or home of three or more families living independently of each other.

DWELLING, PRIVATE-A dwelling occupied exclusively for residence purposes by one or two families and having not more than four boarders, roomers or lodgers in one or both housekeeping units.

DWELLING UNIT-Any dwelling or portion thereof used (or intended to be used) by one family and providing complete housekeeping facilities thereof.

FAMILY-One or more persons living together in one dwelling unit and maintaining a common household, including domestic servants and gratuitous guests, together with boarders, roomers or lodgers not in excess of the number allowed by this chapter as an accessory use.

FENCE-Any structure, regardless of composition, except living fences, that is erected or maintained for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions.  [Added 3-3-1998 by L.L. No. 3-1998]

FENCE, LIVING-Any fence or hedge composed of live materials.

[Added 3-3-1998 by L.L. No. 3-1998]

FILLING STATION-Any area of land, including structures and buildings thereon, that is used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning and servicing such motor vehicles.

FLAMMABLE LIQUIDS-Liquids having a flash point below 200° F., closed cup tester.  Class I flammable liquids (e.g., gasoline, ether, liquid petroleum gas) are those having a flash point below 25° F. Class II flammable liquid (e.g., alcohol, ethyl or methyl acetate) are those having a flash point below 70° F. but not below 25° F.

FLOOR AREA-The gross horizontal area of the main or first floor of a building, not including the area of unenclosed porches or attached garages.  All dimensions shall be measured along the outside faces of the exterior walls.

FRONT YARD-Applies to that portion of the yard in front of the rear building line of any building.  All corner properties adjacent to a public street, alley or highway shall also be considered as a “front yard” for purposes of this chapter.  However, this definition shall specifically not apply for purposes of swimming pool protection. [Added 3-3-1998 by L.L. No. 3-1998]

GARAGE, PRIVATE-An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein, nor space therein for more than one car is leased to a nonresident of the premises.

GARAGE, PUBLIC-Any garage, other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

HEIGHT-The distance measured from the existing grade to the top of the fence.   [Added 3-3-1998 by L.L. No. 3-1998]

HOME OCCUPATION-An occupation or a profession which:

•(1)    An occupation or profession which:

•(a)    Is customarily carried on in a dwelling unit or a building or other structure accessory to a dwelling unit.

•(b)    Is carried on by a member of the family residing in the swelling unit.

•(c)    Is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

•(d)    Conforms to the following additional conditions:

[1] The occupation or profession shall be carried on wholly within   a building or other structure accessory thereto.

[2] Not more than one person outside the family shall be employed in the home occupation.

[3] There shall be no exterior display, no exterior sign (except as permitted under §215-8), no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.

•(2)   In particular, a “home occupation” includes but is not limited to the following:  art studio, dressmaking, professional office of a physician, dentist, lawyer, engineer, surveyor, architect or accountant, within a dwelling occupied by the same; and teaching, with musical instruction limited to a single pupil at a time. However, a “home occupation” shall not be interpreted to include the following:  barbershops and beauty parlors, commercial stables and kennels, real estate offices or restaurants.

HOSPITAL-Unless otherwise specified, includes sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home and any other place for diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment or other car of human ailments.

HOTEL or LODGING HOUSE-A building containing sleeping rooms for five or more persons, which rooms are available to the public for less than a week at a time for compensation, with no cooking or dining facilities except a general kitchen and public dining room.

JUNKYARD-A place where junk, waste or discarded or salvaged materials are bought, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned, including auto-wrecking or dismantling yards, house-wrecking yards, used lumberyards and places or yards for the use of salvage house wrecking and structural steel materials and equipment; but not including pawnshops and establishments for the sale, purchase or storage of used furniture, household equipment and clothing, for the processing of used, discarded or salvaged materials as part of manufacturing operations or for the sale, purchase or storage of used motor vehicles or salvaged machinery to be reused for the purposes for which originally manufactured.

LINE, STREET-The dividing line between the street or highway and the abutting real properties.

LOT-A parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use and the customary accessories and open spaces belonging to the same.  A “lot” within the meaning of this chapter may or may not be a “lot” as shown on a subdivision plat or assessment record.

LOT AREA-The net area contained within lot lines.

LOT LINES-The property lines bounding the lot.  The front lot line shall be the right-of-way line of the street or highway giving access to the lot.  In the case of a corner lot, the owner may designate either street lot line as the front lot line.  The rear lot line shall be the lot line most distant from the front lot line.

LOT WIDTH-The least horizontal distance across the lot between side lot lines, measured at the front of a main building erected or to be erected on such lot or at a distance from the front lot line equal to the required depth of the front yard.

MOBILE HOME-Any vehicle or similar portable structure or any part thereof or addition thereto, with or without a foundation or wheels, jacks, skirting, wood or masonry block supports, designed or constructed to be towed on its own chassis (comprised of frame and wheels), driven or otherwise transported to its resting site and which is designed to permit occupancy or residential, business, commercial or office purposes.  Such will include units that may contain parts that may be folded, collapsed or telescoped when being towed and expanded later, as well as two or more separate towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing. [Added 3-3-1998 by L.L. No. 3-1998]

MOBILE HOME COURT-A parcel of land planned and improved for the placement of two or more dependent or other mobile homes for continuous occupancy.  [Added 3-3-1998 by L.L. No. 3-1998]

MODIFICATION-An addition or alteration to an existing building or driveway.  [Added 3-3-1998 by L.L. No. 3-1998]

NONCONFORMING BUILDING-A building existing at the time of the enactment of this chapter which does not conform to the regulations, excepting use regulations, of the district in which it is situated.

NONCONFORMING USE-Lawful occupancy of a structure or land by a use that does not conform to the regulations of the district in which it is situated.

OWNER-The person holding legal title to the property for which a permit is requested.  [Added 3-3-1998 by L.L. No. 3-1998]

PARKING SPACE UNIT-An off-street space available for the parking of one motor vehicle and having an area of not less than 200 square feet exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street, highway or alley.[2]

PERMITTEE-The applicant, if and when the application is approved or approved subject to specific conditions by the Street Superintendent.

[Added 3-3-1998 by L.L. No. 3-1998]

PRIVATE ROAD-A means of access for motor vehicles, intended to be shared by owners of separate properties or which provides access to two or more properties.  [Added 3-3-1998 by L.L. No. 3-1998]

RETURN RADIUS-The radius of the curve between the driveway edge and the pavement edge of a village road.

SECURITY FENCE-A fence or wall of durable material of which the pool itself may be constructed, or any combination thereof.  Artificial barriers shall be constructed so as to afford no external handholds or footholds of materials which are impenetrable by toddlers, at least four feet in height so that a toddler cannot grasp its top by jumping or reaching and equipped with a self-closing and positive self-latching closure mechanism at a height above the reach of toddlers and provided with hardware for permanent locking.

SETBACK-The least horizontal distance from any building to the nearest street or highway right-of-way.[3]

STORY-That portion of a building between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.  A basement shall be counted as a “story,” for purposes of height measurement, if the ceiling is more than five feet above the average adjoining ground level or if used for business or dwelling purposes.  A half-story is a “story” under a sloping roof, having a ceiling height of seven feet or more but not exceeding ½ the floor area of the uppermost full “story” in the building.

STREET-A public way, which affords a principal means of access to abutting properties.

STREET SUPERINTENDENT-The Street Superintendent of the Village of Silver Creek.  [Added 3-3-1998 by L.L. No. 3-1998]

STRUCTURAL ALTERATIONS-Any change in the supporting members of a building or other structures, such as bearing walls, columns, beams or girders.

STRUCTURE-Anything constructed or erected, whether stationary or movable, which requires location on the ground or attachment to something having such location.

SWIMMING POOL-An outdoor water pool which is not operated for gain and which is intended to be used for swimming or bathing by any family or person residing on the premises and their guests.  For purposes of this chapter, an “outdoor water pool” is construed to mean any swimming pool, tank, depression, excavation, dike or berm, which will cause the retaining of water to a greater depth than two feet and having a plane surface area of water greater than 100 square feet.

TOPSOIL-The surface layer of the soil containing more of less organic matter to a depth usually plowed in cultivation; the A-horizon of the soil solum.

TOURIST HOME-A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

TRAILER-A vehicle used for living or sleeping purposes and standing on wheels or on rigid supports.

TRAILER CAMP–An area of land or a building used for occupancy by two or more trailers that are used for dwelling purposes.

USE – The specific purpose for which land or a building is used or occupied or maintained. The term “permitted use” or its equivalent shall not be deemed to include any nonconforming use.

VILLAGE ATTORNEY – Any person or firm designated by the Board of Trustees to act as the village’s attorney.

[Added 3-3-1998 by L.L. No. 3-1998]

VILLAGE HIGHWAY – Any road, street or highway of the village so designated on the latest road map of Chautauqua County issued by the County of Chautauqua or which has been dedicated to and accepted, conveyed to or taken over for maintenance and/or repair by the village. [Added 3-3-1998 by L.L. No. 3-1998]

 

YARD – An unoccupied space open to the sky on the same lot with a building or structure.

 

YARD, FRONT – An open space extending the full width of the lot between a main building and the front lot line, unoccupied and unobstructed by buildings or structures from the ground upward, the depth of which shall be the least distance between the front lot line and the front of such main building.

 

YARD, REAR – An open space extending the full width of a lot between the rearmost main building and the rear lot line, unoccupied and unobstructed by buildings or structures from the ground upward except as hereinafter specified, the depth of which shall be the least distance between the rear lot line and the rear of such main building.

 

YARD, SIDE – An open space extending from the front yard to the rear yard between a main building and the side lot line, unoccupied and unobstructed by buildings or structures from the ground upward except as hereinafter specified. The required width of a “side yard” shall be measured horizontally from the nearest point in the side lot line to the nearest building.

 

The following definitions pertain to adult businesses:

[Added 10-2003 by L.L. No. 5-2003]

 

ADULT ARCADE–Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically-controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

 

ADULT BOOKSTORE–A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

 

  1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproduction, digital video discs (DVD’s), slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas: or
  2. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be defined as an adult bookstore so long as one of its principlebusiness purposes is the offering for sale or rental for consideration of the specified materials which depict or describe specified sexual activities or specified anatomical areas.

 

ADULT CABARET–A nightclub, bar, restaurant or similar commercial establishment, which regularly features:

 

  1. Persons who appear in a state of nudity;
  2. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
  3. Films, motion pictures, videocassettes, slides, or other photographic reproductions, which are characterized by the depiction or description of, specified anatomical areas or specified sexual activities.

 

ADULT MOTEL–A hotel, motel or similar commercial establishment which:

 

  1. Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions;
  2. Offers sleeping rooms for rent for a period of time that is less than 10 hours; or
  3. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.

ADULT MOTION PICTURE THEATER–A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

 

ADULT THEATER–A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

 

ADULT VIDEO STORE–[see Adult Bookstore]

 

ADULT USES–Adult arcades, adult bookstores, adult cabarets, adult motels, adult motion picture theaters, adult theaters, adult video stores, escort agencies, nude model studios, and sexual encounter centers.

 

ESCORT–A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

 

ESCORT AGENCY–A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

 

ESTABLISHMENT–Any of the following:

 

  1. The opening or commencement of any sexually-oriented business as a new business;
  2. The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business;
  3. The additions of any sexually-oriented business to any other existing sexually-oriented business; or
  4. The relocation of any sexually oriented business.

 

NUDE MODEL STUDIO–Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.

 

NUDITY–The appearance of a human bare buttocks, anus, genitals or full female breast.

 

PERSON–An individual, proprietorship, partnership, corporation, association, or other legal entity.

 

SEMI-NUDE–A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

 

SEXUAL ENCOUNTER CENTER–A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration;

 

  1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
  2. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.

 

SEXUALLY-ORIENTED BUSINESS–An adult arcade, adult bookstore, or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

 

SPECIFIED ANATOMICAL AREAS–The male genitals and/or female genitals.

 

SPECIFIED SEXUAL ACTIVITIES–Any of the following:

 

  1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
  2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
  3. Masturbation, actual or simulated; or
  4. Excretory functions as part of or in connection with any of the activities set forth in 1,2, and 3 above.

 

State of Nudity – [see Nudity]

 

 

ARTICLE III

District Regulations

§ 215-4. Establishment of districts.

 

The Village of Silver Creek is hereby divided into the following types of districts:

 

B Business and Industrial District

R Residential District

 

§ 215-5. Zoning Map.  [Amended 3-3-1998 by L.L. No. 3-1998]

 

The districts are bounded and defined as shown on a map entitled “Zoning Map of the Village of Silver Creek, New York,” adopted March 3, 1968, and certified by the Village Clerk and amended from time to time.[4]

 

§ 215-6. Interpretation of Zoning Map.

 

District boundary lines are intended to follow property lines or the extensions thereof, center lines of streets or highways, banks of streams or creeks, corporation lines or other lines located on the map by appropriate descriptions and dimensions. Distances shown on the map are perpendicular or radial distances from street or highway center lines measured back to the district boundary line, which lines in all cases where distances are given, are parallel to the street or highway center line.

 

§ 215-7. Application of regulations.

 

Except as hereinafter provided, the following shall apply:

 

•A.     Compliance with regulations.  No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered except in conformity with the regulations herein specified for the district in which it is located.

 

•B.     Buildings.  No building shall hereafter be erected or altered to a greater height, to accommodate or house a greater number of families, to have any yard or setback less in width or depth or to have lesser floor area, in the case of dwellings, than is specified herein for the district in which such building is located.

 

•C.     Yards.  No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or open space similarly required for another building.

 

•D.     Reductions in space.  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 chapter, said area, dimension or capacity shall not be further reduced.

 

§ 215-8. Table of district regulations.[5]

 

  1. Part of chapter.  To facilitate public understanding of this chapter and for the better administration thereof, the regulations limiting the use of buildings and land and the bulk and arrangement of buildings are set forth, in the annexed table, for each of the districts established by §215-4 of this chapter.  Such table is hereby adopted and declared to be part of this chapter, hereinafter referred to as the “Table of District Regulations,” and may be amended in the same manner as any other part of this chapter.

 

  1. Interpretation of table.  All limitations as to use, percentage of area, permissible height, minimum floor area, required yards and minimum sizes thereof and other requirements shall be those set forth in such table which for each district named shall be read across the table from left to right.

[Amended 3-3-1998 by L.L. No. 3-1998]

 

  1. Similar uses. Any use which is, in the opinion of the Board of Appeals, similar to those listed may also be permitted in the respective districts.

 

 

ARTICLE IV

Supplementary Regulations

 

 

§ 215-9. Table subject to additional regulations.

 

The provisions of the Table of District Regulations[6] shall be subject to additional requirements, limitations and exceptions in accordance with the following supplementary regulations. Unless otherwise specified, such supplementary regulations shall apply in all districts.

 

§ 215-9a. Adult and sexually oriented businesses.

Establishment of Adult and Sexually-Oriented Businesses, including but not limited to Adult Arcades, Adult Bookstores, Adult Cabarets, Adult Motels, Adult Motion Picture Theaters, Adult Theaters, Adult Video Stores and all other Adult Uses, shall be restricted to the area of the Village of Silver Creek constituting Central Avenue from Mechanic Street to the corner of Hanover Street and Central Avenue.

 

PROHIBITIONS-An Adult Entertainment Business shall not operate within 1000 feet of any churches or religious institution, school, daycare or family center, library, park, playground, hospital or medical facility or within 500 feet of any type of residence.  Also prohibited is the conversion of any existing business or residence to an Adult Entertainment Business.

 

For purposes of this ordinance, measurements shall be made in a straight line, without regard to any intervening structures or objects, from the nearest portion of the building used as part of the premises for an Adult Entertainment Business to the nearest property line containing a residential dwelling or rooming unit, a church or religious institution, school, daycare or family center, library, park, playground, hospital or medical facility.

 

Materials offered from Adult Businesses shall not be displayed or exhibited in any manner which exposes to the public view any picture or illustration depicting any specified sexual activity or any specified anatomical area.  Material offered for sale, rental or viewing at any Adult Business shall not be displayed or exhibited in a manner which exposes to the public view any picture or illustration depicting any specified sexual activity or any specified anatomical areas to the view of persons outside the building or off premises.  Signage for any Adult Business shall have the same prohibitions.

 

Violation of this ordinance is punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed three (3) months, or by both such fine and imprisonment.  Each day during which any violation of this Ordinance is committed, permitted, or continues, shall constitute a separate offense.

 

Invalidation – Should any provision or part of this Local Law be determined by any Court to be invalid, illegal or otherwise unenforceable, such determination shall not invalidate any other part thereof.

 

Effective Date – This Local Law shall take effect immediately after passage of the same and filing in the manner directed by law with the Secretary of State.

§ 215-10. Trailers and trailer camps.[7]

No trailers or trailer camps shall be permitted in any district except on land where public sewage facilities and an adequate water supply are available and the site and installation of plumbing and sewage facilities are specifically approved by the Board of Health and other authorities having jurisdiction, and in no case may trailers or trailer camps be permitted in the R Residential District. Any trailers or trailer camps granted nonconforming usage by virtue of existence prior to the effective date of this chapter and not complying with the regulations of the board of Health or other authorities having jurisdiction, once removed, shall not be replaced or reestablished in any R Residential District.

 

§ 215-11.  Accessory use limitations.

•A.     A use specified in one district shall not be permitted as an accessory use in another district unless such use is also specified in such other district.

•B.     In any R Residential District, the permitted accessory uses shall not include the establishment of any new access driveway to business or industrial premises; a private garage with vehicular headroom more than eight feet high; storage of flammable liquids of Class I or Class II in quantities greater than 300 gallons on any lot; or any home occupation for which a business or trade license is required or which is noxious or offensive by reason of dust, fumes, gas, noise, odor, refuse matter, smoke, vibration, unreasonable use of lights or nighttime operation. The foregoing restriction with respect to licensing shall be waived to allow the resident office of a licensed real estate or insurance agent or broker or licensed professional person in any district where expressly permitted.

§ 215-12. Farm operations and animal housing.

Within 100 feet of any property line of a lot in any R or B District, no storage of manure or other odor- or dust-producing substance or use shall be hereafter established, and no building or pen shall be hereafter erected or changed in use to house or contain horses or other farm animals, chickens or fowl or a dog kennel.

§ 215-13. Lots in two districts.

Where the district boundary line divides a lot in single or joint ownership of record at the time such line is established, the regulations for the less-restricted portion of such lot shall extend not more than 50 feet into the more-restricted portion, provided that the lot has frontage on a street or highway in the less-restricted portion.

§ 215-14. Parking requirements.

At the time any main building is erected or altered, off-street parking spaces as specified in the Table of District Regulations[8] shall be provided on the same lot therewith, but not in any required front yard or side street side yard in any R District. Each parking space shall be at least eight feet wide and 20 feet long, exclusive of driveways.

§ 215-15. Public utilities.

The provisions of this chapter shall not be construed to limit or interfere with the construction or operation, for public utility purposes, of water and gas pipes, electric light and power transmission and distribution lines, communication lines, oil pipelines, sewers, and incidental appurtenances or with any highway or railroad right-of-way existing or hereafter authorized by the Village of Silver Creek, County of Chautauqua or State of New York. The above exceptions shall not be construed to permit service yards, repair garages or other service or storage structures or uses by said public utilities except as otherwise permitted by this chapter.

 

§ 215-16. Excavations; quarries.

 

The excavation or quarrying, stockpiling and sale of sand, gravel, rock, shale, clay or other natural mineral deposit (except topsoil) may be permitted if approved by the Village Board, subject to conditions which, in the opinion of the Village Board, will:

 

•A.     Protect nearby property owners and occupants against unreasonable nuisances and hazards during the period of operations.

 

•B.     Assure such final grading and other treatment as will produce a safe and useful area when operations have been discontinued.  The Village Board may require the filing of an acceptable bond to guarantee compliance.

 

§215-17. Solid waste and sewage disposal.

 

Dumping of garbage or rubbish shall be permitted only in locations and under conditions approved by the Village Board and the Chautauqua County Department of Health.[9]  Any new or modified facilities for the treatment, storage or disposal of sewage, including excreta, bath, sink and laundry wastes or trade wastes, shall be provided and installed in accordance with the rules, regulations and standards of the New York State Department of Environmental Conservation and Chautauqua County Department of Health.  Careful consideration shall be given to the location and construction of private water supplies to assure adequate protection of such supplies.

 

§215-18.  Storage of flammable liquid or gas.

 

No storage of Class I or Class II flammable liquid or gas in quantities exceeding 300 gallons shall be hereafter established except in a district where permitted and in conformance with the recommendations of the National Board of Fire Underwriters, as certified by the Code Enforcement Officer.

 

§215-19.  Stripping of topsoil.

 

No person shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building or paved parking area on such premises and excavation or grading incidental thereto.

 

§215-20.  Swimming pools.

•A.     A swimming pool shall be used only as an accessory use to a dwelling, for the private use of the owners or occupants of such dwelling or building and his or her family, guests or employees. (NOTE:  For exceptions, see §215-27, Approval of special use permits.)

•B.     Swimming pools shall be installed in accordance with the location and electrical requirements of Chapter 63, Building Construction and Fire Prevention. [Amended 3-3-1998 by L.L. No. 3-1998]

•C.     A pool, man-made pond or receptacle for water, located in the ground and having a depth at any point greater than two feet shall not be installed unless completely enclosed by a security fence not less than four feet in height, with all gates or doors opening through such enclosure equipped with self-closing and self-latching devices designed to keep and capable of keeping such gates or doors securely closed at all times when not in actual use, of a type approved by the Code Enforcement Officer.

•D.     An aboveground pool shall be considered as protected by elevation of at least three feet above grade level, provided that access to its elevated deck or tank wall is by a stair or steps that can be removed, raised on hinges at least to deck or tank height, adequately blocked off or blocked at grade level by enclosure or fencing and gate or door as the same type described for in-ground pools.  In the case of a pool tank partially recessed into the ground for purposes of leveling on a grade, such portions of the tank wall that is lowered to less than three feet shall be protected by the four-foot high fence enclosure specified herein for in-ground pools.

•E.      Swimming pools shall be equipped with an integral filtration system and filter pumps or other mechanical devices which shall be so located and constructed as not to interfere with the peace, comfort and repose of the occupant of any adjoining property.

•F.      Water supply.  All portions of the portable water supply system serving the swimming pool and auxiliary facilities shall be protected against backflow.  Portable water introduced into the pool, either directly or to the re-circulated system, shall be supplied through an air gap (American Standards Association A40.4-1942) or other approved means.  There shall be maintained in the pool at all times the disinfecting residual equivalent to at least four-tenths (0.4) parts per million of free available chlorine.

•G.     Water drainage.  Pool filter backwash water shall be discharged into the sanitary sewer system.  There shall be no discharge of pool wastewater into the storm sewer system.  There shall be no direct physical connection between the sanitary sewer system and any drain from the pool or recirculation system; any pool, pool gutter drain or overflow from the recirculation system when discharged to the sanitary sewer system shall be connected through a suitable air gap so as to preclude the possibility of backup of sewage into the swimming pool piping system.  Drainage arrangement shall be such that in no case will drain water flow on, to or across the surface of the land of adjoining property owners.

 

§215-21.  Signs; billboards. [Added 3-3-1998 by L.L. No. 3-1998]

 

Signs and billboards shall be regulated in accordance with Chapter 164, Signs and Billboards.

 

§215-22.  Height exceptions.

 

•A.     Height exceptions.  The height limitations of this chapter shall not apply to chimneys, television antennas,[10] church spires and belfries, water tanks or necessary mechanical features not occupying more than 1/10 of the roof area.  Also, freestanding radio relay towers, radio antennas and similar electronic installations may be permitted in the B Business and Industrial District after obtaining a special use permit. [Amended 3-3-1998 by L.L. No. 3-1998]

 

•B.     Height and open space.  In any R or B District, a public or nonprofit institutional building may be erected to a height greater than that specified for the district, provided that each front, side and rear yard is increased one foot for each one foot of such additional height.

 

§215-23.  Area and yards.

 

•A.     Accessory buildings.

•(1)   In any R District, no accessory building shall be erected or altered so as to be:

•a)      In any front yard.

•b)      In any required side yard.

•c)      Nearer than 10 feet to any dwelling unless attached thereto and considered part thereof for purposes of yard measurements.  Accessory buildings may occupy a total of not more than 25% of the required rear yard area on any lot in an R District.

 

•(2)   In both the R District and B District, the minimum distance between accessory buildings shall be 10 feet.

[Added 3-3-1998 by L.L. No. 3-1998]

 

•(3)   In both the R District and B District, private garages in rear yards are subject to accessory use minimum distances; in side yards, they are subject to minimum yard dimensions.  The external storage of industrial equipment, commercial vehicles or inoperative passenger vehicles is prohibited. [Added 3-3-1998 by L.L. No. 3-1998]

 

•B.     Area and width for lot of record.  The requirements of this chapter with respect to lot area and lot width shall not be construed to prevent the erection of a one-family dwelling on any lot of record and in ownership separate from that of any and all adjacent lots, at the effective date of this chapter, provided that the sanitation, yard and setback requirements are complied with.

 

•C.     Front yard or setback.  Where a widening or extension of an existing street or highway right-of-way or the establishment of a new street or highway is indicated on the Zoning Map[11] or on an Official Map adopted by the Village Board, any front yard or building setback required by this chapter shall be measured from such widened or new right-of way.  Unless otherwise indicated on the map, any widened right-of-way shall be assumed to be entered on the former street or highway centerline.

 

•D.     Lot frontage on street.  No dwelling shall be erected on any lot, which does not have immediate frontage on an existing or platted street or highway.

 

•E.      Projections into yards.  The following structures shall be allowed within required yards:

 

•(1)   A wall or fence not over 3 ½ feet high in any front yard or side street side yard.

•(2)   A wall or fence not over seven feet high in any other yard.

•(3)   A retaining wall of any necessary height.

•(4)   Balconies, bay windows, chimneys and roof projections not exceeding three feet.

•(5)   Unenclosed porches and unenclosed stairs projecting into any required yard not more than ¼ the required width or depth of such yard.

 

•F.      [Added 3-3-1998 by L.L. No. 3-1998] Corner lots.  In both the R District and B District, corner lots shall be subject to the following:

 

•(1)   On the street side, a side yard equal in depth to the required front yard on said street shall be provided.

•(2)   Accessory buildings and off-street parking spaces shall be set back from side street lines or highway or right-of-way lines a distance equal to front yard requirements on such side street unless lots are back to back, in which case they shall be set back at least 10 feet.

 

§215-24.  Visibility at intersections.

 

No fence, wall, hedge, shrub, planting or tree foliage which obstructs the sight lines at elevations between two and six feet above the roadway or sidewalk shall be placed or permitted to remain on any corner lot in the triangular area formed by intersecting street property lines and a line connecting them at points 50 feet distant from their intersection or, in the case of a rounded or cutoff corner, from the intersection of such lines extended.[12]

 

§215-25.  Driveway openings. [Added3-3-1998 by L.L. No. 3-1998]      

 

•A.     Permit requirement.  No person shall make any driveway opening for any purpose without first obtaining a permit therefore from the Street Superintendent as hereinafter provided.

 

•B.     Application procedures.

•(1)   An application, in writing, shall be filed in duplicate with the Street Superintendent upon application forms which the Street Superintendent shall prescribe, which application shall state the nature, location, extent and purpose of the proposed driveway opening.

•(2)   All applications shall include maps and plans which shall indicate the location and boundaries of the subject property for which a permit is requested and shall show the location, elevation, size and type of all existing and proposed driveways and buildings, underground utilities, service facilities, parking layouts and drainage facilities.  The application shall also state the construction materials to be used and the intended form of construction.

•(3)   An application by any person must be accompanied by security in the form of a general undertaking or a letter of credit in an amount established by the Street Superintendent, but in no event less than $2500, in such form as may be approved by the Village Attorney or, in lieu thereof, by a cash deposit in the sum of $2500 or any greater or lesser amount as shall be determined by the Street Superintendent and which sum is to be deposited with the Board of Trustees.  The general undertaking, letter of credit or cash deposit is required to assure compliance with this section and to reimburse the village for any damage to the village highway, to the village right-of-way or to any drainage system.  In the event that the applicant fails to comply with this chapter or causes damage to a village highway, to a village right-of-way or to any drainage system, the Street Superintendent will assess the damage and report the same to the Board of Trustees.  In the event of a cash deposit, the Board of Trustees may authorize the Street Superintendent to expend, out of the moneys deposited, a sufficient sum to correct the failure or repair the damage.  In the alternative, the Street Superintendent may contract with any person or firm to correct the failure or repair the damage.  Upon correction of the failure or repair of the damage, the balance of the deposit, if any, will be returned to the applicant or the applicant shall reimburse the village for any deficiency.  In the event of a general undertaking or letter of credit, the applicant shall be responsible for reimbursing all expenses incurred by the village in obtaining reimbursement, including legal fees and costs.

 

•(4)   The applicant shall indemnify, hold harmless and defend the village and its officers and employees from any and all claims for personal injury, including death, or damage to property resulting from, related to or arising out of the issuance of a permit to the applicant pursuant to this chapter or from any actions, activities or construction in relation thereto, excepting only such claims as may be proven to be due solely to the fault or negligence of the village and its officers and employees.  Such indemnification shall not be affected or diminished by any insurance provided by the applicant.

•(5)   Any application, which fails to include anything required by this section, including any additional information required by the Street Superintendent, shall be disapproved as incomplete.

•(6)   Any complete application accompanied by the permit fee and security shall be approved, approved subject to specified conditions as noted on the application by the Street Superintendent or disapproved for the reasons stated on the application by the Street Superintendent.[13]

•(7)   One copy of the signed application shall be returned to the applicant by the Street Superintendent, and, if approved or approved subject to specific conditions, such shall constitute a permit.

•(8)   The permit must be present at the property site at all times during construction.

•(9)   The permit shall not be assigned or transferred.

•(10)                       The permittee shall not deviate from the approved maps and plans unless prior written consent of the Street Superintendent has been obtained.

•C.     Permit fee.  The permit fee shall accompany each application submitted in accordance with this section.  The Board of Trustees, by resolution, may from time to time establish and change categories and fees to accompany the application.[14]

•D.     Residential driveway regulations.

•(1)   The maximum number of driveway openings to a village highway shall be one per building lot having 150 feet of frontage or less.  Where frontage exceeds 150 feet, the Street Superintendent may allow more than one driveway opening.

•(2)   No driveway opening shall be closer than 80 feet to a highway intersection as measured along the village’s right-of-way to the nearest intersection of the right-of-way lines.

•(3)   The angle of driveway openings with village highways shall be as close to 90° as is practicable.

•(4)   The maximum width of a driveway opening shall be 20 feet, and the minimum driveway opening width shall be 10 feet.

 

•(5)   The minimum return radius at the intersection of the driveway with the highway surface shall be 10 feet, and in no case shall the radius extend beyond the intersection of the pavement edge and the side of the property line as projected.

•(6)   The driveway shall slope down from the highway surface to the drainage line at a grade of ¾ inch per foot or the existing shoulder pitch, whichever is greater, and shall be so graded as to assure that all runoff will flow into drainage facilities.

•(7)   The sizes and slopes of driveway storm drains and culverts within the village highway right-of-way shall be specified by the Street Superintendent.  The owner shall bear all costs for pipe, grating, paving and other construction materials required within the village right-of-way.

•(8)   All driveway and drainage construction and materials shall be subject to the approval of the Street Superintendent.

•(9)   No driveway opening shall be allowed where the sight distance in feet in both directions is less than 10 times the posted speed limit in miles per hour (e.g., 400 feet of sight distance in both directions is required where the speed limit is 40 miles per hour).  In the event that road frontage of the property specified on an application is situated such that no driveway opening may be constructed with the full minimum sight distance in both directions as required herein, the Street Superintendent may require the driveway opening to be located to allow for maximum sight distance in both directions.

•(10)                       The permittee shall also trim brush and maintain the property in such a manner as to maintain optimal sight distance.

•(11)                       To avoid damage to underground facilities, the permittee shall rigidly adhere to the designed grades and depths approved by the Street Superintendent.

 

•E.      Intense-use driveways.

•(1)   The maximum number of driveway openings to a village highway shall be two per building lot having 250 feet of frontage or less.  Where frontage exceeds 250 feet, the Street Superintendent may allow more than two driveway entrances.

•(2)   No driveway shall be constructed closer than 80 feet to a highway intersection as measured along the village’s right-of-way to the nearest intersection of the right-of-way lines.

•(3)   Driveways and parking areas shall be designed so that no parking, loading or servicing of vehicles will take place within the village’s right-of-way and so that no vehicles will be required to back onto the village road to gain ingress or egress to the abutting property.

•(4)   The angle of driveway openings with village highways shall be as close to 90° as practicable.

•(5)   The maximum width of a driveway opening shall be 40 feet, and the minimum driveway opening width shall be 20 feet.

•(6)   The maximum return radius at the intersection of the driveway with the highway surface shall be 50 feet, the minimum return radius shall be 20 feet, and in no case shall the radius extend beyond the intersection of the pavement edge and the side property line as projected.

 

•(7)   Island areas shall be required to define the location of driveways and to create a median strip between the village highway surface and facilities on adjacent properties.  The island areas shall have a minimum length of 20 feet and shall extend from curb to the right-of-way line.  Where no curb exists, the island areas shall extend from a line parallel to any minimum of 10 feet from the pavement edge to the right-of-way line or beyond.

•(8)   Island areas shall be defined by six-inch curb guardrails or other suitable materials and shall have grass or blacktop surfaces.

•(9)   Driveways shall slope down from the highway surface to the drainage line at a grade of ¾ inch per foot or the existing shoulder pitch, whichever is greater, and shall be so graded as to assure that all runoff will flow into drainage facilities.

•(10)                       The sizes and slopes of driveway storm drains and culverts within the village’s right-of-way shall be as specified by the Street Superintendent.  The permittee shall bear all costs of construction materials required within such right-of-way. All driveway and drainage construction and materials shall be subject to the approval of the Street Superintendent.

•(11)                       There shall be a minimum distance of 15 feet between the village’s right-of-way and any service facilities, such as pump islands and building entrances.

•(12)                       No driveway shall be constructed where the sight distance in feet in both directions is less than 10 times the posted speed limit in miles per hour (e.g., 400 feet of sight distance in both directions is required where the speed limit is 40 miles per hour).  In the event that road frontage of the property specified on an application is situated such that no driveway opening may be constructed with the full minimum sight distance in Board of both directions as required herein, the Street Superintendent may require the driveway opening to be located to allow for maximum sight distance in both directions.

•(13)                       The permittee shall also trim brush and maintain the property in such a manner as to maintain optimal sight distance.

•(14)                       To avoid damage to underground facilities, the permittee shall rigidly adhere to the designated grades and depths approved by the Street Superintendent

 

•F.      Drainage systems.

•(1)   All existing and proposed drainage conditions shall be indicated on the plans submitted by the applicant.

•(2)   Facilities to carry water through and off the owner’s property shall be indicated on the plans and constructed so that no damage will occur to existing and proposed buildings, driveways, adjacent properties, drainage facilities and public improvements.

•(3)   In no case shall a driveway be constructed so as to convey water onto the road surface.

•(4)   Highway and driveway ditches shall be excavated to the width and depth specified by the Street Superintendent.

•(5)   Driveway pipes shall be either reinforced concrete, Class IV, corrugated steel pipe, 16-gauge, or corrugated polyethylene storm drain pipe meeting New York State Department of Transportation Material Specification No. 706-14, with end sections where specified by the Street Superintendent.

•(6)   Backfill around driveway pipes shall consist of gravel or crushed stone approved by the Street Superintendent and shall extend at least 12 inches above the driveway pipe.  The backfill shall be thoroughly compacted.

•(7)   If the slope of the backfill is steeper than a one-on-one-and five-tenths slope at the end sections of the driveway pipe, concrete, grouted stone or drywall headwalls shall be required.  In such cases, the top of the headwalls shall be below the grade of the adjacent road shoulder.

•(8)   Catch basins, if required, shall conform to New York State Department of Transportation specifications.

•(9)   The driveway sub base shall consist of 12 inches of gravel.

•(10)                       The driveway surface shall be consolidated in such a manner as to prevent loose material from passing to the village highway surface.

 

•G.     Compliance with regulations.  Any permit issued pursuant to this section relates solely to the requirements of this section.  The applicant shall also comply with all other applicable governmental regulations.

 

•H.     Completion of work.  The permittee shall notify the Street Superintendent when work has been completed, after which an inspection will be made by the Street Superintendent or the Street Superintendent’s duly authorized agent and upon approval of the work, the permittee may place the driveway opening in service.  Thereupon, the Street Superintendent shall issue a release of the undertaking, letter of credit or cash deposit.

 

§215-26.  Fences.  [Added 3-3-1998 by L.L. No. 3-1998]

 

•A.       Approval required.  No fence, wall or other type of construction shall be erected without first being approved by the Code Enforcement Officer.

 

•B.        Issuance of permit.  Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make application to the Code Enforcement Officer on a form provided by the Code Enforcement Officer.  Said application shall be accompanied by a plan or sketch showing the proposed location of any fence and the materials proposed to be used therein, which must be set forth by resolution of the Board of Trustees.[15] Upon approval by the Code Enforcement Officer, a permit shall be issued which will be in effect for a period of six months after the date therein.  Said permit shall be available on the job during the progress of the work so that it may be inspected by proper village officials, including but not limited to the Code Enforcement Officer, Mayor and Village Trustees.

•C.       Living fences.  Living fences are subject to all of the provisions of this section, except that they shall be exempt from the permit provisions of this section.  In addition, no living fence shall be placed nearer than two feet to any sidewalk in existence, any prospective sidewalk or party line.  Living fence must be maintained in a neatly trimmed condition and shall not interfere with the visibility of vehicular and pedestrian traffic.

•D.       Applicability.  The permit provisions of this section shall apply to fences in the residential ones in the Village of Silver Creek and shall also include multiple dwellings in other zoning districts.  The provisions shall, however, not be applicable to commercial property.  No fence shall be erected in the applicable zones of the Village of Silver Creek in excess of the height limitations as set forth herein.

•E.        Height limitations.

•(1)   Rear yards.  No fence shall be more than six feet in height at the rear of homes and buildings, nor shall it extend forward of the front building line of any existing or proposed dwelling.

•(2)   Front yards.  No fence shall be higher than 42 inches in any front yard.

•(3)   Side yards.  No fence shall be more than six feet in height at the side of homes and buildings, nor shall it extend forward of the side building line of any existing or proposed dwelling.

•F.        Location restrictions.  Any fence erected under this chapter shall be placed at least six inches back from any property line.  Any fence erected in a front yard shall be placed at least one foot back from the sidewalk.  Living fences shall be two feet from the sidewalk.  If no sidewalks are in place, then the placement shall be determined by the Code Enforcement Officer.

•G.       Materials and composition.

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

•(2)   The following fences and fencing materials are specifically prohibited:

•(a)    Barbed wire.

•(b)   Short pointed fences.

•(c)    Canvas fences.

•(d)   Cloth fences.

•(e)    Electrically charged fences.

•(f)     Poultry fences.

•(g)    Turkey wire.

•(h)    Temporary fences unless on construction sites with Village Board permission.

•(i)      Expendable fences and collapsible fences, except during construction of a building.

•(j)     A fence made of any other material that in the opinion of the Board of Trustees of the Village of Silver Creek is dangerous to the health and welfare of the residents of the village.

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

•(4)   No fence shall be multicolored.

•(5)   All entrances or gates shall open onto the property.

•(6)   Any fence, wood, stockade, chain link or other type of fence shall have the smooth side or finished side facing to the outside of the property of the owner installing the fence.  Fence posts will be placed on the inside of the fence.

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

•(8)   Snow fences from November 15th through April 1st are permitted.

 

•H.       Powers and duties of Code Enforcement Officer; appeals.

 

•(1)   The Village Code Enforcement Officer shall have the authority to direct, in writing, the removal, trimming or modification of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall, hedge or other structure on private or public property, wherever the same shall interfere with adequate visibility for operators of motor vehicles at street intersections or curbs, within five days.

•(2)   Any person who shall refuse or neglect to comply with the written direction of the Village Code Enforcement Officer shall be guilty of a violation of this chapter and shall be subject to its penalties.

•(3)   If the property owner feels aggrieved by any decision of the Code Enforcement Officer, the property owner shall have the right to appeal to the Zoning Board of Appeals, provided that said appeal is accomplished, in writing, within 10 days of the written notification from the Code Enforcement Officer.  Said appeal shall be filed with the Zoning Board of Appeals.

 

§215-27.  Approval of special use permits.  [Added 3-3-1998 by L.L. No. 3-1998]

 

Special use permits shall be approved in accordance with §7-725-b of the Village Law, and as it may be amended.  Specifically, the following shall apply:

 

•A.     Definition of special user permit.  As used in this section, the term “special use permit” shall mean an authorization of a particular land use which is permitted in this chapter, subject to requirements imposed by this chapter, to assure that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood if such requirements are met.

 

•B.       Approval of special use permits.  The Village Board of Trustees may, as part of this special chapter, authorize the Board of Appeals to grant special use permits as set forth in this chapter.

 

•C.     Application for area variance.  Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to §7-712-b of the Village Law, without the necessity of a decision or determination of the Code Enforcement Officer.

 

•D.     Conditions attached to the issuance of special use permits.  The Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit.  Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the village.

 

•E.      Waiver of requirements.  The Village Board of Trustees may further empower the Board of Appeals to, when reasonable, waive any requirements for the approval, approval with modifications or disapproval of special use permits submitted for approval.  Any such waiver, which shall be subject to appropriate conditions set forth in this chapter, may be exercised in the event that any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit.

 

•F.      Public hearing and decision on special use permits.  The Board of Appeals shall conduct a public hearing within 62 days from the day an application is received on any matter referred to it under this section.  Public notice of said hearing shall be printed in a newspaper of general circulations in the village at least five days prior to the date thereof.  The Board of Appeals shall decide upon the application within 62 days after the hearing.  The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.  The decision of the Board of Appeals on the application after the holding of the public hearing shall be filed in the office of the Village Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.

 

•G.     Notice to applicant and county, metropolitan or regional planning agency.  At least 10 days before such hearing, the Board of Appeals shall mail notices thereof to the applicant and to the county, metropolitan or regional planning agency, as required by §239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of §239-m of the General Municipal Law.

 

•H.     Compliance with State Environmental Quality Review Act.  The Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.

 

•I.        Court review.  Any person aggrieved by a decision of the Board of Appeals  or any officer, department, board or bureau of the village may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.  Such proceedings shall be instituted within 30 days after the filing of a decision by such Board in the office of the Village Clerk.  The court may take evidence or appoint a referee to take such evidence as it may direct and report the same, with findings of fact and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter.  The Court shall itself dispose of the matter on the merits, determining all questions, which may be presented for determination.

 

•J.        Costs.  Costs shall not be allowed against the Board of Appeals unless it shall appear to the Court that it acted with gross negligence, in bad faith or with malice in making the decision appealed from.

 

•K.     Preference.  All issues addressed by the Court in any proceeding under this section shall have preference over all civil actions and proceedings.

 

§215-28.  Special permit considerations.

For each special use permit for each special use, the Board of Appeals shall determine in its judgment that:

 

•A.     It is reasonably necessary for the public health or general interest or welfare.

 

•B.     It is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities.

 

•C.     The off-street parking spaces required either under the Table of District Regulations[16] or under additional standards listed for specific uses, or where not so specified, are adequate to handle the traffic generated by the expected public attendance.

 

•D.     The neighborhood character and surrounding property values are reasonably safeguarded.

 

•E.      The use thereof will not cause undue traffic congestion or create a traffic hazard.

 

•F.      Fulfillment of any other conditions or standards specified in this chapter and especially those listed for specific use in §215-29 of this Article are necessary.

 

§215-29.  Additional standards for permits for specific uses.

 

The following additional standards are deemed necessary before a special use permit may be issued for certain specific uses.

 

•A.     Filling station.  For a filling station, the following shall apply:

•(1)   Lot width:  minimum of 100 feet, except on a corner lot, then the minimum may be reduced to 85 feet.

•(2)   One pump island with a maximum of three pumps set back at least 12 feet from the street line or highway right-of-way.

•(3)   A building containing a maximum of two bays and set back at least 25 feet from the street line or highway right-of-way.

•(4)   A minimum of 200 feet visibility on the opposite side of the street.

•(5)   A masonry wall or a fence and screen planting where abutting a residence district.

•(6)   No repair work to be performed out-of-doors.

 

•B.     Hospital.  For a hospital, the following shall apply:

•(1)       Minimum lot area:  five acres.

•(2)       Minimum distance from any lot line to any building:  100 feet

•(3)       Off-street parking space:  one unit for each three patient beds, excluding bassinets, staff or visiting doctor, intern, nurse, three employees, three student nurses or service vehicle.

•(4)       Clinics and out patient departments:  three parking spaces for each examination.

•(5)       Adequate unloading space to be provided.

 

•C.     Membership or private club; community building.  For a membership or private club or community building, the following shall apply:

•(1)       Minimum lot area:  five acres.

•(2)       Minimum distance from any lot line to a principal building:  100 feet.

•(3)       No off-street parking in required front yard.

•(4)       Off-street parking as per Column 16 of the Table of District Regulations.[17]

 

•D.     Multiple dwelling.  For a multiple dwelling, the following shall apply:

•(1)       Lot area shall contain 7,000 square feet per dwelling unit.

•(2)       Each side yard shall be 30 feet or the height of the building, whichever is greater.

•(3)       The regulations in Columns 3, 7, 12, 13, 14, 15 and 16 of the Table of District Regulations shall be followed.[18]

•(4)       Approval of water supply and sewage disposal by the New York State Department of Environmental Conservation and Department of Health shall be mandatory.

 

§215-30.  Nonconforming buildings and uses.

 

•A.      Continuing existing lawful uses.  Except as provided in this section, any nonconforming use of any structure or land existing on the effective date of this chapter may be continued.

 

•B.       Discontinuance.  In any district, whenever a nonconforming use of land, premises, building or structure has been discontinued for a period of one year, such nonconforming use shall not thereafter be reestablished, and all future use shall be in conformance with the provisions of this chapter.

 

•C.      Cessation of certain uses.  Notwithstanding any other provisions of this chapter, an automobile-wrecking yard or other junkyard and any billboard, advertising structure or nonconforming sign in existence in any R District on the effective date of this chapter or any amendment hereto shall at the expiration of three years from such date become a prohibited and unlawful use and shall be discontinued; provided, however, that lawfully existing signs accessory to an institutional building or to a nonconforming business or industrial building shall not be subject to this subsection.

 

•D.      Change in use.  Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.  A nonconforming use may be changed to a use of the same classification upon approval of the Board of Appeals or to a use of more-restricted classification, and when so changed to a more restricted classification, such use thereafter shall not be changed to a less-restricted classification.

 

•E.       Extension of use.  A nonconforming use shall be extended except within the same building or on the same lot, in the case of uses not located within buildings, which is partially occupied on the effective date of this chapter.  Subject to the approval of the Board of Appeals, such nonconforming uses may be expanded 25% on the same lot, which was partially occupied on the effective date of this chapter.

 

•F.       Alterations and restoration.  A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 75% of the market value of the building is changed to a conforming use.  No building damaged by fire or other causes to the extent of more than 75% of its market value shall be repaired or rebuilt except in conformity with regulations of this chapter unless completely rebuilt except in conformity with the regulations of this chapter unless completely rebuilt on the original foundations within a period of two years from the date of such damage.

 

•G.      Amendments.  Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification or whenever the text of this chapter shall be changed with respect to the uses permitted in a district, the foregoing provisions shall also apply to any nonconforming uses existing therein.[19]

 

 

ARTICLE V

Administration and Enforcement

 

§215-31.  Code Enforcement Officer.

 

•A.     This chapter shall be enforced by the Code Enforcement Officer designated by the Village Board of the Village of Silver Creek.  No building permit or certificate of occupancy shall be issued by the Code Enforcement Officer except where the provisions of this chapter have been complied with.

•B.     The Code Enforcement Officer may institute any appropriate action or proceeding to prevent the violation of this chapter.

 

§215-32.  Building permits.  [Amended 3-3-1998 by L.L. No. 3-1998]

 

No building or structure shall be erected, undergo alteration, be added or to structurally altered until a building permit therefore has been issued by the Code Enforcement Officer.  No swimming pool shall be erected or installed until a building permit therefore has been issued by the Code Enforcement Officer.  All applications for such permits shall be in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code[20] and all pertinent county health laws and regulations.  Such applications shall be made in triplicate on appropriate forms designated by the village, with such fee as may be set forth from time to time by resolution of the Board of Trustees.[21]

 

§215-33.  Exceptions.

 

•A.      Utility buildings, playhouses or dog (pet) houses with an area of not more than 60 square feet at grade and not over six feet in height will not require obtaining of a building permit as long as all the pertinent accessory use requirements are complied with.

•B.      When any of the work or installations described in this chapter involve the installation, alteration or repair of electrical wiring for light, heat or power, and application for inspection of such electrical work shall be filed concurrently with its installation, as required by Chapter 63, Building Construction and Fire Prevention and Building Code.

[Amended 3-3-1998 by L.L. No. 3-1998]

§215-34.  Certificate of occupancy.

No use or occupancy of land shall be hereafter established and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Code Enforcement Officer in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code.  Where the approval of the Chautauqua County Department of Health is required, the certificate of occupancy specified in this section shall not be issued until such approval has been granted, in writing.

§215-35.  Applicability to farm structures and uses.

The provisions of §§215-32 and 215-33 of this Article shall not apply to the erection, alteration or use of any farm structure, other than a dwelling, or to the use of land for agricultural purposes.

§215-36.  Board of Appeals established.

•A.     A Board of Appeals is hereby established in accordance with §7-712 of the Village Law.

•B.     The Board of Appeals shall consist of three or five member appointed in §7-712 of the Village Law.

•C.     Such Board of Appeals shall, consistent with the Village Law and this chapter, determine its own rules and procedure, and all its deliberations, resolutions and orders shall be in accordance therewith; provided, however, that all hearings shall be public and that the Board shall keep complete minutes of its proceedings, showing its findings and reasons for its decisions, and said minutes shall be a public record.

 

§215-37.  Powers and duties of Board of Appeals.

 

•A.     The Board of Appeals shall have the power to reverse, affirm, modify or review any order or decision of the Code Enforcement Officer in case of an alleged error or misinterpretation of the provisions of this chapter.  [Amended 3-3-1998 by L.L. No. 3-1998]

 

•B.     The Board of Appeals may, after due notice and public hearing and subject to appropriate conditions and safeguards and in harmony with their general purposes and intent of this chapter, authorize building permits:

•(1)       Wherever it is provided in this chapter that the approval of the Board of Appeals is required.

•(2)       Where temporary and conditional permits for not more than two years for structures and uses in contravention of the requirements of this chapter are requested in undeveloped sections of the village, provided that such uses are important to the development of such undeveloped sections, and also provided that such uses are not prejudicial to adjoining and neighboring sections already developed.

 

•(3)       Where public utility or public service uses or public buildings are found to be necessary for the public health, safety or the general welfare.

•(4)       Where there are practical difficulties or unnecessary hardships in the way of carrying out this chapter, and the provisions of Subdivision 2 of §7-712-b of the Village Law are complied with.

§215-38.  Amendments.

All amendments to this chapter shall be in accordance with the provisions of the Village Law applicable thereto.  Any proposed amendments shall be submitted to the Village Planning Commission for report and recommendation prior to final action thereon by the Village Board.  If the Planning Commission fails to make its report within 30 days after submission, such proposed amendment of the Zoning Map[22] so as to create a new or enlarged B District, the Village Board may require the submittal of development plans, including the location and character of proposed structures and conditions of use for the premises concerned, and in approving any such amendment, the Village Board may specify that no building permit or certificate of occupancy may be issued with respect to said premises under the amended district classification except in accordance with said plans and conditions of use submitted or as revised to meet the requirements of the Village Board in furthering the purposes of this chapter.

§215-39.  Penalties for offenses.

•A.     It shall be unlawful for any person (including the owner, lessee or tenant of the premises or any part thereof and the general building contractor, general agent, architect, engineer or any other person who owns, permits, takes part or assists in or who maintains any premises in which any violation of this chapter shall exist) to violate any provisions of this chapter, the requirements of the Code Enforcement Officer, the Board of Appeals, the Planning Board or Board of Trustees pursuant to this chapter.

•B.      Every person who shall violate this chapter shall be subject to a fine not less than $50 nor more than $500 or imprisonment not exceeding 15 days, or by both such fine and imprisonment. [Amended 3-3-1998 by L.L. No. 3-1998]

•C.     The imposition of the penalties herein prescribed shall not preclude the taking of any appropriate action to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to stop an illegal act, disorderly conduct, business or use of a building, structure or premises.

 

§215-40.  Construal of provisions.

 

No provision of this chapter shall be construed to deprive the village or the Board of Trustees or any citizen or taxpayer thereof of any other available remedy for the enforcement of this chapter or the punishment or abatement of violations thereof; and all such remedies shall be cumulative and not exclusive.

 

§ 215-41. Regulations of telecommunication facilities.

A. Legislative intent.  The Village of Silver Creek recognizes the increased demand for wireless communication transmitting facilities and the need for the services they provide. Often these facilities require the construction of a communication tower and/or similar facilities. The intent of this Section is to regulate the location, construction, and modification of these facilities in accordance with sound land use planning by:

•(1)   Minimizing adverse visual effects of towers and/or similar facilities through careful design, siting, and vegetative screening and/or buffering.

•(2)   Avoiding potential damage to adjacent properties from tower failure or falling debris through engineering and careful siting of tower structures.

•(3)   Maximizing use of any new and/or existing tower or existing building and/or structure to reduce the number of towers and/or similar facilities needed in the Village.

•(4)   Providing for the general health, safety and welfare of the Village by the regulation of these facilities as such regulation is permitted under applicable Federal and/or State law.

•(5)   Accommodating and allowing wireless service providers to meet the service objectives in a manner consistent with these regulations and/or other applicable Federal or State law.

 

B.  Definitions.

ACCESSORY STRUCTURE- A non-habitable accessory facility or structure serving or being used in conjunction with a communications tower and/or similar facility or antenna. Examples of such structures include utility or transmission equipment, storage sheds or cabinets.

ANTENNA- A system of electrical conductors that transmit and/or receive radio signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal wireless communication services (PWCS), and microwave communications.

BOARD OR VILLAGE BOARD–shall mean the Village Board of the Village of Silver Creek.

CO-LOCATED ANTENNAS- Telecommunications facilities which utilize existing towers, buildings, or other structures for placement of antennas and do not require construction of a new tower.

“FAA”- means the Federal Aviation Administration.

“FCC”- means the Federal Communications Commission.

 

TELECOMMUNICATION FACILITIES- Towers and/or antennas and accessory structures used in connection with the provision of cellular telephone service, personal wireless communication services (PWCS), paging services, radio and/or television broadcast services, microwave transmission and/or similar or like broadcast services.

TOWER- A structure designed to support antennas. It includes, without limitation, free-standing towers, guyed towers, monopoles, and similar structures, which do, or do not, employ camouflage technology.

•C.     Telecommunications facility permit required.

•(1)    No telecommunications facility shall be sited, located, constructed, erected, or modified, without the issuance of a Special Use Permit as prescribed by this Section.

•(2)   The Village Board is hereby authorized after public notice and a hearing to review and approve, approve with modifications or disapprove Special Use Permits pursuant to this law. The Village Board shall have the authority to impose such reasonable restrictions and conditions as are directly related to or incidental to the proposed antenna, tower, or accessory structures.

•(3)   Notwithstanding any inconsistent provisions of the Zoning Code of the Village of Silver Creek, towers and antennas shall be permitted and regulated only in accordance with the provisions of this Section.

D.  General standards.

(1)  No permit or renewal thereof or modification of the conditions of a current permit relating to a telecommunication facility shall be authorized by the Village Board unless it finds that such telecommunication facility or proposed modification thereto:

•(a)    Is necessary to meet current or expected demands for the            services supported by the telecommunications facility; no “speculation” towers shall be permitted.

•(b)   Conforms with all applicable regulations promulgated by the Federal Communications Commission and/or any other applicable State or Federal regulatory agency.

•(c)    Is designed and constructed in a manner, which minimizes its visual impact.

•(d)   Complies with all other requirements of the Zoning Code of the Village, including this Section.

•(e)    Is the most appropriate site within the immediate area for the location of a telecommunication facility, based upon the report required under Section 215-41 (G) (4). It is preferred that telecommunication facilities be co-located as provided in this Section unless the Village Board finds that co-location not be appropriate under the circumstances.

 

E.  Siting preferences.  Consistent with the objectives set forth in Section 215-41(A) hereof, a proposed telecommunications facility shall be located in accordance with the following siting preferences, from most favorable to least favorable, to the extent that there are commercially available locations which are technically feasible and otherwise consistent with the standards of Section 215-41;

•(a)    Existing towers in low-density areas suitable for co-location.

•(b)   Existing towers in high-density areas suitable for co-location.

•(c)    Property in low-density areas with an existing structure suitable for location or co-location.

•(d)   Property in high-density areas with an existing structure suitable for location or co-location.

•(e)    Property owned by the Village of Silver Creek.

•(f)     B-1: Business District

F.  Co-located antennas preferred.

•(1)   The shared use of existing telecommunication facilities or other structures shall be preferred to the construction of new such facilities. Any application for a telecommunication facility permit or renewal thereof or modification of the conditions of a current telecommunication facility permit shall include proof in accordance with section 215-41 (G) (4) that reasonable efforts have been made to co-locate with an existing telecommunication facility or upon an existing structure.

•(2)   Any proposed tower shall be designed structurally, electrically, and in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

•(3)    The applicant shall submit to the Village Board a letter of intent committing the applicant, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other personal wireless communication services (PWCS) providers in the future. Any permit issued hereunder shall commit the new tower owner and its or his or her successors in interest to:

•(a)    Respond in a timely comprehensive manner to a request for information from a potential shared-use applicant.

•(b)   Negotiate in good faith concerning future requests for shared use of the new tower, by other personal wireless communication services (PWCS).

•(c)    Allow shared use of the new tower if another PWCS provider agrees in writing to pay charges.

•(d)   Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

 

•(4)    In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing tower in a neighboring municipality be considered for shared use, an applicant who proposes a new tower shall notify in writing the legislative body of each municipality that borders the Village of Silver Creek as well as the Chautauqua County Planning Board. Notification shall include the exact location of the proposed tower, and a general description of the project including, but not limited to the height of the tower and its capacity for future shared use.

G.  Special use permit application requirements.  All applicants for Special Use Permits for telecommunication facilities towers and/or antennas shall make a written application to the Village Board. This application shall include:

•(1)   Tower special use permit application form; supplied by the Village;

•(2)   Full Environment Assessment form prepared in accordance with the State Environmental Quality Review Act.

•(3)   Visual Environmental Assessment Form Addendum prepared in accordance with the State Environmental Quality Review Act.

•(4)   Service Area/ Inventory Report for New Towers

•(a)    The Applicant shall provide a report, which establishes to the satisfaction of the Village Board that the applicant is required to provide service to locations, which it is not able to serve through existing facilities within a one-mile search radius of the proposed tower and which are located either within or outside of the Village. The search radius may be reduced to one-half mile for towers under 100 feet and one-quarter mile for towers under 60 feet. Said report shall show the specific locations and/or areas the applicant is seeking to serve which cannot be served through existing facilities. No speculation towers shall be permitted.

•(b)   The report shall set forth an inventory of existing facilities and/or structures within or outside of the Village which might be utilized or modified in order to provide coverage to the locations applicant is seeking to service and include a report on the possibilities and opportunities for a co-location as an alternative to a new site.

•(c)    The applicant must demonstrate to the satisfaction of the Village Board that despite good faith efforts, the proposed facility cannot be accommodated on any such existing facility or structure either within or outside of the Village, due to one or more of the following reasons:

•(i)      The proposed equipment would exceed the existing and reasonable potential structural capacity of existing facilities or structures within or outside of the Village considering existing and planned use for those facilities or structures.

•(ii)    Proposed equipment which could not reasonably be mitigated or prevented.

•(iii)   Said existing facilities or structures do not have space on which the proposed equipment can be placed so it can function effectively and reasonably and/or the applicant has not been able, following good faith efforts, to reach agreement with the owner or owners of such facilities or structures.

 

•(5)   Documentation of the notification required under Section 215-41 (f) (4).

•(6)   A site plan is required for all new telecommunication facilities, except those to be co-located or attached to a suitable existing structure and which otherwise comply with the requirements of Section 215-41. The site plan must be acceptable to the Village Planning Board in form, content, scale, and detail sufficient to show, at a minimum;

•(a)     The exact location of the proposed tower, and appurtenances;

•(b)    The maximum height of proposed tower;

•(c)     A detail of tower type (monopole, free, or other);

•(d)    The color or colors of the tower;

•(e)     The location, type, and intensity of any lighting on the tower;

•(f)      The property boundaries; (A copy of a property survey must also be provided.);

•(g)     Proof of the landowner’s consent and copy of any lease agreement if the applicant will not own the property;

•(h)     The location of all structures on the property and all structures on any adjacent property within 50 feet of the property line, together  with the distance of these structures to the tower;

•(i)       Names and addresses of adjacent land owners;

•(j)      The location, nature and extent of any proposed fencing, landscaping, or screening;

•(k)    The location and nature of proposed utility easements and/or access roads, if applicable;

•(l)       Building elevations of accessory structures or immediately adjacent buildings.

•(7)   Before and after propagation studies prepared by a qualified radio frequency engineer demonstrating existing signal coverage resulting from the proposed telecommunication facility.

•(8)   A search ring prepared by a qualified radio frequency engineer and overlaid on an appropriate background map demonstrating the area within which the telecommunication facility needs to be located in order to provide proper signal strength and coverage to the target area or cell. The applicant must be prepared to explain to the Board why it selected the proposed site, discuss the availability or lack of availability of a suitable location within the search ring which would have allowed for collocated antennas and to what extent the applicant explored locating the proposed tower in a more intensive use district. Correspondence with other telecommunication companies concerning co-location is part of this requirement.

•(9)   The applicant must submit a copy of its policy regarding co-location of its proposed tower with other potential applicants. Such policy should allow co-locations if new antennas and/or equipment do not or will not exceed structural loading requirements, interfere with tower space use, or pose any technical or radio frequency interference with existing equipment.

 

•(10)                       A report prepared by a New York State licensed professional engineer, which describes the tower’s height and design, including a cross section of the structure; demonstrates the tower’s compliance with applicable structural standards and describes the tower’s capacity including the number and type of antennas it can accommodate. In the case of an antenna or antennas mounted on an existing structure, the report shall indicate the existing structure’s suitability to accept the antenna and proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.

•(11)                       A written agreement by the applicant to remove the telecommunications facility if such facility becomes technically obsolete or ceases to be used for its originally intended purpose for 6 consecutive months.

•(12)                       Any applicant receiving a Special Use Permit hereunder must, at the time of obtaining such permit, provide

•(a)    A financial security bond to the Village of Silver Creek, as assignee, in accordance with the requirements of Section 215-41 (L) (2); and

•(b)   Evidence that liability insurance is in effect that covers damages and other losses due to tower failure or other hazards related to the installation and use of said tower.

•(13)     The Village Board reserves the right to request reasonable additional visual and aesthetic information it deems appropriate on a case by case basis. Such additional information may include, among other things, line-of sight drawings and/or visual simulations.

•(14)     The Village Board shall evaluate the application for a telecommunications tower Special Use Permit in accordance with the criteria and requirements established under this Section and all other applicable Special Use Permit requirements under the Village Zoning law. Any and all grants of a Special Use Permit for a telecommunications facility under this Article shall be non-assignable and non-transferable and shall not run with the land, notwithstanding anything in the General Zoning Laws of the Village to the contrary.

•H.      Performance standards.

•(1)    Compliance with Federal requirements-the applicant must demonstrate in writing that the telecommunications facility will be operated only at FCC- designated frequencies or power levels and/or any applicable EPA technical exposure limits. The applicant further must provide written certification from a New York State licensed professional engineer that the installation of the antenna, including reception and transmission functions, will not interfere with the radio or television service enjoyed by adjacent residential and non-residential properties or with public safety telecommunications.

 

•(2)    Antenna Safety- Antennas shall be subject to state and federal regulations pertaining to non-ionizing radiation and other health hazards related to such facilities. The owner shall submit evidence of compliance with the FCC standards on a yearly basis. If new, more restrictive standards are adopted, the antennas shall be made to comply or continued operations may be restricted by the Village Board. The cost of verification of compliance shall be borne by the owner and operator of the tower.

•(3)    Tower Lighting- Towers shall not be artificially lighted or marked except as required by the Federal Aviation Administration, the Village, or other applicable laws. If lighting is required, the lighting design must minimize disturbance to the surrounding view. The towers shall be of a non-reflective finish and the color subject to Village approval unless otherwise required by the FAA. Any lighting which may be required by the FAA shall not consist of strobe lights, unless specifically mandated by FAA.

•(4)    Using any portion of a tower for signs other than for warning or equipment information is prohibited.

•(5)    Tower Height Limitations- All applicants must demonstrate that the height of the proposed tower is the minimum necessary to meet the applicants’ objectives and the standards and requirements of Section 215-41. The maximum height of a tower is limited to 150 feet above the ground upon which the tower is placed, unless the applicant demonstrates in writing that a higher tower is required to provide necessary coverage and will otherwise meet the standards of Section 215-41.

•(6)    Tower Building Requirements-

•(a)    The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other means. The design shall utilize an open framework or monopole configuration. Permanent platforms or structures exclusive of antennas that increase off-site visibility are prohibited. The Village Board may require only a monopole tower if it determines that a monopole tower best meets the purpose and intent of this Section.

•(b)   The base of the tower shall occupy no more than 500 square feet and the top of the tower shall be no wider than the base.

•(c)    Towers must be located on a parcel that meets the minimum lot size requirements for the zoning district in which the tower is to be located.

•(d)   Minimum spacing between tower locations is ¼ mile.

•(7)   Access to Towers- A road and parking area must be provided to assure adequate emergency and service access. Maximum uses of existing roads, public or private, shall be made.

 

•(8)   Setbacks for Towers-

•(a)    Telecommunication towers shall be set back from the lot lines a distance at least equal to 125% of the height of the tower. Where an applicant proposes to locate a telecommunications tower at a location consisting of multiple adjacent lots owned or leased by the applicant, the term “lot line” shall mean the exterior boundaries of the applicant’s owned or leased property which adjoin property not owned or leased by the applicant.

•(b)   No telecommunication tower shall be located nearer than 500 feet or five times the height of the tower, school, place of public worship or designated historic district or landmark.

(9) Screening and Security of Towers and Accessory Structures-

•(a)    Existing on-site vegetation shall be preserved to the maximum extent practicable.

•(b)   The base of the tower and any accessory structures shall be landscaped with trees and shrubs to screen said base and/or tower to the extent possible from adjacent residential properties.

•(c)    Towers and auxiliary structures shall be surrounded by a fence or wall at least 8 feet in height of a design approved by the Board so as to make intrusion difficult. Barbed wire is not to be used in a residential area or on public property unless specifically permitted by the Board. There shall be no permanent climbing pegs within 15 feet of the ground on any tower or facility.

•(d)   A sign shall be conspicuously located near the base of the telecommunications tower that states that a danger exists and that no unauthorized access is permitted.

•(10)     Design of Antennas, Towers and Accessory Structures- Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. Every antenna and tower shall be of neutral colors that are harmonious with, and that blend with, the natural features, buildings and structures surrounding such antenna and structure, provided however, that directional or panel antenna and omni directional or whip antennas located on the exterior of a building that will also serve as an antenna tower shall be of colors that match, and cause the antenna to blend with, the exterior of the building. Accessory structures will be designed to be architecturally compatible with principal structures on the site.

 

•(11)     Other Requirements and Conditions-

•(a)    The Village Board may impose such other reasonable requirements or conditions to ensure that the telecommunications facilities shall be located and buffered to the maximum extent practicable and technologically feasible to maximize compatibility with surrounding land uses and minimize any adverse aesthetic impact on neighboring residents.

•(b)   The Village Board may further impose any other reasonable requirements or conditions to ensure that the public health, welfare and safety are protected.

•I.         Telecommunications facilities maintenance.

All telecommunications facilities, both predating this Article and otherwise, shall fulfill the requirements of this section. The Village Zoning Enforcement Officer and/or Building Inspector is empowered to enforce these regulations.

•(1)   The sufficiency of the bond required by Section 215-41 (G) (12) shall be reevaluated at least every five (5) years by an analysis of the cost of removal and property restoration performed by a licensed New York State professional engineer with the results to be communicated to the Village Board. If the bond amount in force is insufficient to cover the removal cost, it shall be immediately increased to cover such amount.

•(2)   The owner and/or operator of the telecommunication facility shall have said facility inspected at least every two years for structural integrity by a New York State licensed professional engineer, and a copy of the inspection report submitted to the Village. If such report recommends that repairs or maintenance are to be conducted, the permittee shall provide to the Village Board a written schedule for the repairs or maintenance.

•(3)   All telecommunications facilities shall be maintained in good order and repair and all such work shall comply with all applicable code requirements of any governmental body issuing such rules and/or regulations.

•(4)   Any additional antennas, reception or transmission devices or similar receiving or transmitting device proposed for attachment to an existing facility shall require review in accordance with this Article. The intent of this requirement is to ensure the structural integrity, visual aesthetic and land use compatibility of communication towers upon which additional antennas, reception or transmission devices are to be installed.

•(5)   No outside storage of vehicles, materials or waste shall be allowed except for the limited periods when the facility is undergoing construction, repair, or maintenance.

 

J.  Exemptions.

(1)  Amateur Ham Radio tower meeting the following requirements:

•(a)    A tower not to exceed 70 feet from ground level for non-commercial private use by a federally licensed amateur radio operator living on the same premises upon which the tower is proposed to be located. Said tower shall be set back from all property lines by minimum distance equal to 35% of the tower height. The applicant shall submit such information or certifications to the Zoning Enforcement Officer as may be necessary for the Zoning Enforcement Officer to determine if the safety and welfare of the neighborhood properties is safeguarded. No lighting of signs shall be permitted on the tower.

•(b)    No tower shall be located in the area between the front line of the house and the street.

•(c)    Towers shall be maintained by the property owner and/or operator  in a safe condition and good repair.

•(d)    The tower shall be removed by the property owner within 90 days after expiration of the operator’s license.

•(e)    The applicant for the tower shall submit to the Zoning Enforcement Officer such information as shall be necessary to make any determinations.

•(f)      Every antenna and tower shall be of neutral colors that are harmonious with and that blend with the natural features, buildings and structures surrounding the tower.

(2) The Village Board shall have the right to waive or modify any provision of this Section 215-41 for facilities whose total height aboveground does not exceed thirty-five (35) feet or for good cause shown.

K.  Cost of studies or reports.

The cost of any engineering studies or reports required by this Section or required by the Village Board shall be borne by the owner and/or operator of the tower.

L.  Removal of obsolete/unused facilities.

•(1)   The applicant shall agree, in writing, to remove the tower or antennas   if the telecommunications facility becomes obsolete or ceases to be used for its intended purpose for three (3) consecutive months. Removal of such obsolete and/or unused towers shall take place after six months of cessation of use. Such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete tower or antennas upon any person subsequently securing rights to co-locate on the tower or telecommunications facility.

 

•(2)   Bond/Security- The applicant shall be required to execute and file with the Village Clerk a bond or other form of security acceptable to the Village Board and Village Attorney as to form, content and manner of execution, in an amount sufficient to ensure the faithful performance of the terms and conditions of the permit or approval issued hereunder, for the observation of all Village local laws or ordinances, to cover the maintenance of the tower during its lifetime, and provide for the removal and restoration of the site subsequent to it’s removal. The amount of the bond or security shall be no less than 125% of the cost of removal of the tower and restoration of the site pursuant to a written estimate prepared by a licensed New York State Engineer to the applicant. Such estimate shall be subject to approval of the Village Board, and shall be reviewed and adjusted at five (5) year intervals.  In the event of default upon performance of such conditions or any of them, the bond or security shall be forfeited to the Village of Silver Creek, which shall be entitled to maintain an action thereon. The bond or security shall remain in full force and effect until the removal of transmission tower, telecommunication tower, communications installation, freestanding tower, satellite dish, antenna, pole, accessory facility/structure, and site restoration.

•(3)   The Village of Silver Creek at its option may cause the removal of any tower or antennas which violates any provisions of this Section or which becomes unsafe or hazardous as determined by the Zoning Enforcement Officer and/or the Building Inspector of the Village of Silver Creek. Prior to said removal, the Village shall cause at least seven (7) days notice to be served by certified mail or personally or by any other method reasonably designed to give notice to the owner of the tower or, antenna that a violation exists or that the telecommunications facility is unsafe or hazardous and that the Village intends to remove the tower or antenna and assess the entire cost against the property owner upon which the antenna or tower is located and/or upon the owner of the tower or antenna. The Village is authorized to petition the County Court or Supreme Court through a special proceeding to obtain an order of removal and to assess the entire cost thereof against the owner of the premises, which shall be assessed and collected in the same manner as a Village tax.

M. Violations-penalties.

This Article is adopted pursuant to the zoning and planning powers granted to the Village of Silver Creek under the Village Law of the State of New York and other applicable law, rule, and regulation. In the event of any violation of this Article or any permit issued hereunder, the Village may seek enforcement by any legal or equitable remedy.

Any applicant upon receipt of a Special Use Permit for telecommunication facilities that fails to comply with the requirements and/or conditions of that permit, may have its permit revoked and ordered to remove the telecommunications facilities within ninety (90) days of notification by the Village of such violation.

 

N.  Miscellaneous.

•(1)   In the event of any conflict or inconsistencies between this Section and any other provision of the Village Zoning Law or other local Law ordinance, rule or regulation, the more restrictive requirement shall apply.

•(2)   The procedural requirements for a Special Use Permit for a telecommunication facility shall be as set forth in the Zoning Law for the Village of Silver Creek and the Village Law of the State of New York.

•(3)   Any decision to deny a request for authorization to place, construct or modify a telecommunication facility shall be in writing and shall be supported by substantial evidence contained in a written record.

•(4)   Local Law No. 2 of 2003 imposing a moratorium on telecommunication towers is hereby repealed.

O.  Effective date.

This Article shall take effect immediately upon filing with the Secretary of   State of the State of New York.

RESOLUTION CONCERNING FEES:

SILVER CREEK TELECOMMUNICATIONS SCHEDULE OF FEES 2004

COMMUNICATION TOWERS:

Special Tower Permit———————        $3,000.00

Site Plan Review————————–        $3,500.00

Co-User Permit/Existing Structure——            $1,500.00

Building Permit—————————              $50.00 per line or foot from

grade to uppermost point

 

[1] Editor’s Note:  The former definition of “billboard, structural advertising,” which immediately followed this definition, was repealed 3-3-1998 by L.L. No. 3-1998.

[2] Editor’s Note:  The former definition of “private garage,” which immediately followed this definition was repealed 3-3-1998 by L.L. No. 3-1998.

[3] Editor’s Note:  The former definition of “sign,” which immediately followed this definition, was repealed 3-3-1998 by L.L. No. 3-1998.

[4] Editor’s Note: The Zoning Map is on file in the Office of the Village Clerk.

[5] Editor’s Note: The Table of District Regulations is located at the end of this chapter.

[6] Editor’s Note: The Table of District Regulations is located at the end of this chapter

[7] Editor’s Note: See also Ch. 140, Mobile Homes.

[8] Editor’s Note: The Table of District Regulations is located at the end of this chapter.

[9] Editor’s Note:  See also Ch. 174, Solid Waste.

[10] Editor’s Note:  See Ch. 53, Antennas.

[11] Editor’s Note:  The Zoning Map is on file in the office of the Village Clerk.

[12] Editor’s Note:  The two lead-in paragraphs and Subsections A and B of former §30.8, Standards for special use permits, which immediately followed this section, were repealed 3-3-1998 by L.L. No. 3-1998.

[13] Editor’s Note:  See Subsection C below.

[14] Editor’s Note:  See Ch. A219, Fees.

[15] Editor’s Note:  See Ch. A219, Fees.

[16] Editor’s Note:  The Table of District Regulations is located at the end of this chapter.

[17] Editor’s Note:  The Table of District Regulations is located at the end of this chapter.

[18] Editor’s Note:  The Table of District Regulations is located at the end of this chapter.

[19] Editor’s Note:  Former §30.10, Regulation for flood hazard areas, which immediately followed this subsection, was repealed 3-3-1998 by L.L. No. 3-1998.

[20] Editor’s Note:  See Ch. 63, Building Construction and Fire Prevention.

[21] Editor’s Note:  See Ch. A219, Fees.

[22] Editor’s Note:  The Zoning Map is on file in the office of the Village Clerk.

 


 

Chapter A219 Fee Schedule

 

A219-1.           Fees.

 

(HISTORY: Adopted by the Board of Trustees of the Village of Silver Creek during codification; see Ch. 1, General Provisions, Art. V. Amendments noted where applicable.)

 The Village Board shall establish a Fee Schedule for building permits and inspections. This Fee Schedule may be modified, from time to time, by a resolution of the Board. This law shall take effect immediately upon filing with the Department of State. (Adopted 11-4-13).

A219-1. Fees.

 

            The fees for the Village of Silver Creek are herby established as follows:

 

Code Chapter

Or Article                                           Type of Permit/Fee                            Amount

 

Ch. 68, Building                                    Building Permit            

Construction and                                    0 to 999 square feet                               $50.00

Fire Prevention                                       1,000 to 1,999 square feet                      $75.00

                                                            2,000 to 4,999 square feet                    $100.00

                                                            5,000 to 9,999 square feet                    $150.00

                                                            10,000 square feet and over                  $200.00

                                                           

Storage/accessory uses

                                                            Residential garages                                 $25.00

                                                            Swimming pools/spas                              $25.00

 

                                                            Additional review for                               $25.00

revised plan

 

Certificate of Compliance

Single family home                                  $65.00

Townhouse with two                              $85.00

family dwelling

Demolition Permit                                  

Accessory building                                  $50.00

Residence                                             $100.00

Commercial building                                $250.00

 

Ch. 67, Buildings                                  Building moving permit                               $50.00

Moving of                    

Ch.111, Flood                                      Development permit                                $50.00

Damage Prevention

 

Ch.118, Garage Sales                           Sale license fee                                        $6.00

[Amended 9-4-2009, by L.L. 3-2009]

 

Ch.145, Peddling                                  Sticker designating                                No fee

And Soliciting                                       “no soliciting”

                                                           

                                                            Peddling/soliciting                                   $25.00

                                                            Permit for individual

 

                                                            Peddling/soliciting                                   $25.00,

                                                            Permit for organization                             plus ½ the

                                                                                                                        fee for each

                                                                                                                        person representing

                                                                                                                        such organization,

                                                                                                                        not for profit

                                                                                                                        organizations are

                                                                                                                        exempt

 

Ch. 155, Rental                                    First failure of Inspection                            $50.00

      Property                                                                                                     & 30 days to comply

[Amended 9-4-2009, by L.L. 3-2009]            Second failure                   $100.00

                                                                                                                        & 25 days to comply

                                                            Third failure                                            $150.00

                                                                                                                        & 20 days to comply

                                                            Fourth failure                                          $250.00

                                                                                                                        & 15 days to comply 

                                                                                                    

Ch.158, Records,                                 Copies of records                    

  Art. I, Public                                       Pages not more than                               $0.25 per page

  Access                                               9×14 inches                                                    

                                                            Pages in excess of                                 Actual cost

                                                            9×14 inches

 

Ch.159, Sewers,                                  Private wastewater disposal                        $75.00

    Part 1, General                                 system, permit and

    Usage                                               inspection

 

                                                            Connection to public

                                                            Sewer permit and initial 2                        $25.00

                                                            Inspections

                                                            Subsequent inspections                          $5.00

 

                                                            Tapping fees                                         Time and materials

                                                            [Amended 6-20-11 by L.L. No. 1 2011]      (to be paid in full on

                                                                                                                        completion of work)

 

                                                            Permit for street                                      $50.00

                                                            extensions                    

 

Ch. 164, Signs                          Application fee                                                       $40.00

And Billboards

 

Ch. 201, Vehicles                                 Storage fee                                             $10.00 per day

  And Traffic                                         Towing fee                                            $150.00

 

Ch. 210, Water                                    Tapping fees:

            [Amended 6-20-11 by L.L. No. 1 2011]                                                          

                                                            ¾ or 1 inch tap                                      Time and materials

                                                                                                                        (to be paid in full on

                                                                                                                        completion of work

                                                                                                                        before water turn on)

 

                                                            Over 1 inch tap                                     Time and materials

 

                                                            Shutoff charge                                        $30.00

                                                           

                                                            Turn-on charge                                       $30.00

                                                           

                                                            Water for builder’s                                  Going water

                                                            Water use                                             rate, plus

                                                                                                                        Employee time

 

                                                            Water for specials                                  Going water

                                                            Works                                                  rate, plus

                                                                                                                        Employee time

                                                                                                                       

                                                            Test of meters                                       Not less than

                                                                                                                        $25.00

 

                                                            Meter replacement fees:

                                                            [Amended 6-20-11 by L.L. No. 1 2011]