A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 7th day of April, 2004 at 7:00 P.M., (local time). The meeting was called to order by the Supervisor and there were:
PRESENT AT ROLL CALL: Toni M. Cudney Supervisor
Nancy W. Ackerman Councilwoman
Stanley A. Jemiolo Councilman
John J. Mills Councilman
Kathleen A. Swarbrick Deputy Town Clerk
Leonard Berkowitz Town Attorney
Andrew Geist Building Inspector
Samuel McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
Wayne Bieler Town Engineer
ABSENT: David R. Kaczor Councilman
Janis A. Colarusso Town Clerk
The Supervisor read into the record the following: “If anyone appearing before the Town Board has a family, financial or business relationship with any member of the Board, it is incumbent upon that person to make it known under State Law and the Town Code of Ethics.”
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the minutes of the Town Board Meeting held on March 17th 2004, and the Special Meeting March 24, 2004, as presented by the Town Clerk, are hereby approved, and be it further
RESOLVED, that the reading of these minutes be dispensed with as each member of the Town Board has previously received copies thereof.
The resolution was unanimously adopted.
PUBLIC HEARING
At 7:00 PM (local time), the advertised time, the Supervisor called for the Public Hearing, to hear all interested parties for or against the Proposed Local Law for the Year 2004; Peddlers and Solicitors, which Local Law is provided as follows:
New wording is underlined
§ 101-1. License required.
§ 101-2. Exemptions.
§ 101-3. License application.
§ 101-4. License fee.
§ 101-5. Refusal of license.
§ 101-6. Transfer of license.
§ 101-7. Expiration of license.
§ 101-8. Revocation of license.
§ 101-9. License to be carried.
§ 101-10. Penalties for offenses.
§ 101-11. Stadium Vendors License
[HISTORY: Adopted by the Town of the Town of Orchard Park as Secs. 8-11 through 8-20 of the 1970 Code. Section 101-10 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
§ 101-1. License required.
No person shall solicit for donations or contributions or sell, peddle, hawk or vend any goods, wares or merchandise or engage in canvassing and/or soliciting for the sale of or subscriptions to newspaper, magazines, books, pamphlets or other publications upon the streets or public places of the Town of Orchard Park, outside the Village of Orchard Park, or by going from house to house soliciting purchases or subscriptions, without first registering with the Town Clerk and obtaining a license for such purpose.
§ 101-2. Exemption.
The following persons or organizations are exempt from the requirements of §101-1:
A. [Farmers. The peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities.]
B. Charitable organizations. Bona fide charitable organizations or bona fide professional fundraiser duly registered pursuant to Article 10-A of the Social Welfare Law of the State of New York or persons specifically exempted form the provisions of said Article 10-A of the Social Welfare Law pursuant to § 482-a thereof.
C. Veterans; widows, widowers and spouses of veterans. An honorable member or discharged member of the Armed Forces of the Untied States who is a resident of the County of Erie, State of New York and a veteran of any war, or [who, being a resident of the County of Erie and the State of New York, shall have served in the Armed Forces overseas, and is the] widow, widower or spouse of any such veteran[s], if he/she is a resident of the County of Erie and the State of New York, shall have the right to hawk, peddle, vend and sell goods, wares or merchandise or solicit trade upon the streets and highways within the Town of Orchard Park, provided said person complies with § 32 of the General Business Law of the State of New York.
D. Local civil, educational, etc., groups. Solicitation for contributions or subscriptions sponsored by local civic, educational or governmental groups, provided the organization has registered with the Town Clerk.
§ 101-3. License application.
Any person seeking a license under the provisions of this chapter shall register with the Town Clerk and submit an application showing the following information:
A. The name, address and age of the applicant.
B. The name and address of the applicants’ employer, in any.
C. The kind of vehicle that will be used, if one is to be used.
D. A statement of the character of the goods, wares or merchandise to be sold, peddled or hawked.
E. Such other pertinent information as the Town Clerk may require.
§ 101-4. License fee. [Added 8-6-19971]
A fee of $50 for residents of the County of Erie [State of New York] and a fee of $150 for nonresidents of the County of Erie [State of New York] shall be paid by the applicant for each license issued pursuant to the provisions of this chapter, except for those persons to whom the chapter is not applicable as stated in § 101-2 hereof.
§ 101-5. Refusal of license.
The Town Clerk may refuse to issue a license under the following circumstances:
A. If the applicant shall have been convicted of a misdemeanor or felony which, in the judgement of the Town Clerk, renders the applicant unfit or undesirable to carry on the trade or occupation involved; or
B. To any person who, in the judgement of the Town Clerk, shall be an undesirable person or incapable of properly conducting the trade or business desired.
§ 101-6. Transfer of license.
No license issued under the provisions of this chapter may be transferred from one person to another.
§ 101-7. Expiration of license.
Each license issued under the provisions of this chapter shall expire on the last day of December following the issuance thereof.
§ 101-8. Revocation of license.
Any license issued pursuant to this chapter may be revoked by the Town Clerk upon the order of the Town Board for proper cause and in the interest of public safety.
§ 101-9. License to be carried.
Each person licensed under the provisions of this chapter shall keep with him the license issued by the Town Clerk at all times that he is engaged in his business and, upon demand of any police officer or other lawful authority or of any person being solicited by the licensee, produce the license issued to him.
§ 101-10. Penalties for offenses. [Amended 1-25-1985 by L. L. No. 1-1985]
Violations of this chapter shall be punishable by maximum fine of $250 or by imprisonment for not more than 15 days, or both.
§ 101-11. Stadium Event Vendor License
The Town of Orchard Park Stadium event Vendor License is a license to sell goods, wares or merchandise upon privately owned parcels within a one-mile radius from the center of the stadium. The license shall be valid only on event days for a period of four (4) hours prior to, during, and four (4) hours after the end of the stadium event. This license shall be valid only during the time period designated on the license. This license shall be issued in compliance with Peddlers and Solicitors, Section 101-3, and Sections 101-5 through 101-10. License Fee is $75.00.
Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.
At this time Supervisor Cudney opened the Public Hearing to hear all interested persons for or against the Proposed Local Law for the Year 2004: Peddlers and Solicitors.
At this time, no one came forward to speak from the audience.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Public Hearing in the matter of Local Law for the Year 2004: Peddlers and Solicitors is hereby closed at 7:10 PM (local time).
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, following due and timely notice a Public Hearing was held in the matter of a Proposed Local Law for the Year 2004, Peddlers and Solicitors, at which time all interested parties were given an opportunity to be heard
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the adoption of Local Law 1-2004, as presented at the Public Hearing.
Supervisor Cudney called for a roll call vote: Supervisor Cudney Aye
Councilwoman Ackerman Aye
Councilman Jemiolo Aye
Councilman Kaczor Absent
Councilman Mills Aye
The resolution was duly adopted.
PUBLIC HEARING
At 7:10 PM (local time) the Supervisor called for the Public Hearing, to hear all interested parties for or against the Proposed Local Law for the Year 2004; Building Permit Fees, which Local Law is provided as follows:
New and Additions: $ 40.00 first 1000 square foot $ 40.00 plus $ .10 per
square foot
$ 100.00; 1000-2000 square foot
$ 150.00 over 2000 square foot
Accessory plus Garages: $ 3.00 up to $ 500 value $20.00 for first $1,000 of
value
$ 10.00; $ 500 - $ 1,000 value $ 5.00 for each additional $ 1000 of
$ 3.00/$ 1,000 over $ 1,000 value or any portion of $ 1,000
Fire Inspection Fee: None $ 25.00
Commercial, $ 50.00 to 10,000 cubic foot $ 50.00 plus
New Build & Additions: $ 100.00 over 10,000 cubic foot plus $ 225.00 for each
$100,000 of value
$ 4.00/1000 cubic foot to 50,000 cubic foot or any portion of $100,000
$ 2.00/1000 cubic foot over 50,000 cubic foot
I. If a permit has been issued and the applicant makes a significant plan or lot change, a $150.00 fee will be charged for review of the permit/plan.
II. A fee of $500.00 will be assessed to the applicant for structures occupied before a certificate of occupancy is issued.
Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.
Supervisor Cudney asked Building Inspector Geist to explain the reasons for the proposed changes. The Building Inspector stated the main reason for the proposed changes is that most of the fees have not been adjusted for over thirty years and now they have been adjusted fairly. Other changes have been proposed to help simplify the process in determining the fees. The last two items are to avoid problems with people moving into homes before authorized to do so.
At this time Supervisor Cudney opened the Public Hearing to hear all interested persons for or against the Proposed Local Law for the Year 2004: Building Permit Fees
At this time, no one came forward to speak from the audience.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Public Hearing in the matter of Local Law for the Year 2004, is hereby closed at 7:16 PM (local time).
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, following due and timely notice a Public Hearing was held in the matter of a Proposed Local Law for the Year 2004, Building Permit Fees, at which time all interested parties were given an opportunity to be heard
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the adoption of Local Law 2-2004, as presented at the Public Hearing.
Supervisor Cudney called for a roll call vote: Supervisor Cudney Aye
Councilwoman Ackerman Aye
Councilman Jemiolo Aye
Councilman Kaczor Absent
Councilman Mills Aye
The resolution was duly adopted.
At 7:16 PM (local time) the Supervisor called for the Public Hearing, to hear all interested parties for or against the Proposed Local Law for the Year 2004; Appearance Tickets – Purpose and Authorized Public Servant, which provides as follows:
The purpose of this chapter is to authorize public servants of the Town Orchard Park to issue and serve appearance tickets in connection with violations of state statutes, local laws, ordinances or rules and regulations of the Town which the public servants are authorized or required to enforce.
The following public servants of the Town of Orchard Park are hereby authorized to issue and serve an appearance ticket with respect to violation of a state statute or a local law, ordinance, rule or regulation of the Town of Orchard Park which such public servants are, respectively, required or authorized to enforce:
a. Building and Zoning Inspector and Fire Code Enforcement Officer
b. Police
Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.
Supervisor Cudney asked Building Inspector to give a brief overview of this proposed law. The Building Inspector stated that the purpose of this law is to streamline and give some strength to some of the ordinances that their office deals with regularly.
Supervisor Cudney stated that in other towns the issuing of Appearance Tickets is very effective and often the problems are resolved swiftly, without the need for court action.
At this time Supervisor Cudney opened the Public Hearing to hear all interested persons for or against the Proposed Local Law.
Name/Address Proponent/Opponent Questions
Henry Dinder, 5532 Big Tree Road Questions
Richard Leonard, 33 Burbank Drive Proponent
Nicholas Taneff, 279 Summit Avenue Proponent
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Public Hearing in the matter of the Proposed Local Law for the Year 2004, is hereby closed at 7:29 PM (local time).
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, following due and timely notice a Public Hearing was held in the matter of a Proposed Local Law for the Year 2004, Appearance Tickets – Purpose and Authorized Public Servant of the Town Code, at which time all interested parties were given an opportunity to be heard,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the adoption of Local Law 3-2004, as presented at the Public Hearing.
Supervisor Cudney called for a roll call vote: Supervisor Cudney Aye
Councilwoman Ackerman Aye
Councilman Jemiolo Aye
Councilman Kaczor Absent
Councilman Mills Aye
The resolution was duly adopted.
PUBLIC HEARING
At 7:29 PM (local time) the Supervisor called for the Public Hearing, to hear all interested parties for or against the Proposed Local Law for the Year 2004; Signs, which provides as follows:
Deleted wording is in brackets [ ]
New wording is Underlined
§ 144-5. Terms defined.
BANNER – A piece of cloth or other non-rigid fabric intended to be temporarily displayed, or temporarily extended, over any sidewalk, town street or highway, and which is fastened to a building or other structure.
BULLETIN BOARD – A structure containing a surface of corkboard or similar material serving as a place where notices may be posted.
[DIRECTIONAL SIGN – A sign which provides direction or instruction but which does not in any way advertise a business. [Added 2-20-2002]]
OFF-PREMISES IDENTIFICATION SIGN – A sign which assists the general public in locating and identifying a business or organization operating on premises other than the premises where the sign is located, but which does not advertise the commodity, service, entertainment or attraction sold, offered, or existing on the premises where the business or organization is operating.
SERVICE ORGANIZATION IDENTIFICATION SIGN – A sign which directs attention to a not-for-profit organization providing services in the community.
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 town or the state for the purpose of showing street names or traffic directions or regulations or for other public, non-commercial purposes.
SPECIALTY SIGN – A time and temperature sign, with or without electrical lettering, or a special clock sign or other special sign of similar nature, but which does not direct attention to a business, commodity, service, entertainment or attraction sold, offered or existing on premises other than the premises where such device is displayed, or only incidentally sold, offered or existing upon the premises where such device is displayed.
§144-34. Procedures and Permits for Signs. [Amended 2-20-2002]
A. Except as hereinafter provided, no person shall erect, alter, construct, relocate or cause to be erected, altered, constructed or relocated any sign with a surface area exceeding four square feet in the Town of Orchard Park without first having obtained a sign permit from the Zoning Officer. Signs shall be designed and constructed by a professional or commercial sign maker.
B. An applicant for a sign permit shall submit an application to the Zoning Officer, which shall include:
(1) The name, address and telephone number of the applicant and the owner of the building, structure or property upon which the sign is to be erected;
(2) The written consent of the owner of the building, structure or property upon which the sign is to be erected in the event the applicant is not the owner thereof;
(3) A rendering exhibiting:
(a) The proposed lettering and the pictorial matter of the sign;
(b) The dimensions of the sign and proposed lettering;
(c) The construction details of the sign structure and mounting devices; and
(d) A location plan of the position of the sign on the building or property and such other information as the Zoning Officer may require. An application for a sign permit for a sign on an awning shall show the location, size and construction of the awning and the lettering or pictorial matter to appear thereon.
C. The Zoning Officer shall determine that such proposed sign complies with all the requirements of this chapter and all other applicable laws and regulations of the Town of Orchard Park before authorizing issuance of a sign permit. The Zoning Officer shall advise the applicant of the grant or denial of the permit application within 30 days of the submission of the application. If the application for a sign permit is denied by the Zoning Officer, the Zoning Officer shall give written notice of the denial to the applicant, together with a brief written statement of the reasons for the denial. Non-conforming signs shall be designated as such on the sign permit. Any person aggrieved by the determination of the Zoning Officer in connection with any application for a sign permit may take an appeal from that determination in the manner provided in Article IX of this chapter.
D. Any person seeking to erect, or cause to be erected: a specialty sign pursuant to §144-35(J) of this chapter; a service organization identification sign pursuant to §144-35(J) of this chapter; an off-premises identification sign pursuant to §144-38(J) of this chapter; a banner pursuant to §144-40(B) of this chapter; or a temporary sign pursuant to §144-40(C) of this chapter, shall make written application to the Town Board as provided in those sections. The Town Board shall advise the applicant, or cause the applicant to be advised, of the grant or denial of the application within 45 days of the submission of that application to the Town Board. If any such application is denied, the Town Board shall give, or cause to be given, written notice of the denial to the applicant, together with a brief written statement of the reasons for the denial.
§ 144-35. General sign requirements.
D. "For sale," "for rent" and "sold" signs. In addition to the signs otherwise permitted under this chapter, one (1) non-illuminated “for sale” “for rent” or “sold” sign not exceeding four (4) square feet may be erected on the residential premises or residential property to which it pertains; provided, however, that where a parcel exceeding ten (10) acres located in an agricultural, business or industrial zone is for sale or rent, one (1) “for sale”, “for rent” or “sold” sign not exceeding twenty (20) square feet may be erected on the premises or property to which it pertains. “Sold” signs are to be removed within seven (7) days of posting. [One (1) illuminated "for sale," "for rent" or "sold" sign not exceeding four (4) square feet may be erected on the premises or property to which it pertains; provided, however, that where a parcel exceeding ten (10) acres located in a business or industrial zone is for sale, a "for sale" sign not exceeding twenty (20) square feet may be erected. "Sold" signs are to be removed within seven (7) days of posting. No permit is required for any such signs.]
E. Bulletin boards. No bulletin board may exceed twenty-five (25) square feet in area. A permit is required for the erection or installation of a bulletin board with a surface area exceeding four square feet to insure the construction and mounting of the bulletin board comply with the requirements of this chapter and all other applicable laws and regulations of the Town of Orchard Park, and application for a permit should be made in the manner set forth in §144-34(B) of this chapter. [Church, school or other exterior institutional bulletin boards shall not exceed twenty-five (25) square feet in area. No permit is required for such signs.]
I. Specialty signs. Special time and temperature signs with or without electrical lettering, special clock signs and other special signs of similar nature may be erected upon approval of the Town Board upon written application providing the information required by §144‑34(B) of this chapter.
J. Service organization identification signs. A permit for a service organization identification sign may be issued upon written application to the Town Board providing the information required by §144-34(B) of this chapter, and only after the location of said sign is approved by the Town Board.
§ 144-36. Prohibited signs.
A. The following signs are prohibited in the Town of Orchard Park:
(8) Billboards, except that the Town may establish off-premises identification signs for businesses, pursuant to §144-38(I) of this chapter. [special public information signs wherein directional signs for businesses, which are approved by the Town Board, may be located.] [Added 2-20-2002]
§ 144-38. Signs in Business, Industrial or D-R Development and Research Districts. [Amended 7-15-87]
Signs shall be permitted in business, industrial or D-R Development and Research Districts, as established by this chapter, as follows:
I. Off-premises identification signs. Where it is not practical to obtain necessary visibility from an identification sign on the premises, the Town Board may, upon recommendation of the Planning Board, grant permission to the Zoning Officer to grant the applicant a permit to erect an off-premises identification sign, provided that:
(1) The applicant has submitted an application providing the information required by §144-34(B) of this chapter and has demonstrated a need for such off-premises identification sign(s) in order to alleviate a practical difficulty for the general public to locate and identify the applicant's place of business.
(2) The applicant demonstrates that the proposed off-premises identification sign(s) represents the most efficient use of signage under the circumstances. For any group of businesses or organizations similarly disadvantaged by a difficulty of the general public to locate and identify their premises, a single off-premises identification sign common to all such businesses or organizations shall be deemed the most efficient use of such signage as opposed to separate off-premises identification signs for each such business or organization.
(3) The proposed identification sign(s) is harmonious with its surroundings under the circumstances presented.
(4) Notwithstanding any other provisions stated in this subsection:
(a) The text of all such off-premises identification sign(s) shall be permanent in nature.
(b) The primary purpose of such off-premises identification sign(s) shall be to assist the general public in locating and identifying such businesses or organizations as opposed to advertising the nature of such entities’ [business'] goods, wares, merchandise or services.
(c) The proposed off-premises identification sign(s) is otherwise permitted by this chapter.
§ 144-38.1. Signs in industrial parks.
In any industrial park, which exceeds sixty (60) acres, the following signs shall be permitted:
B. Other freestanding signs. [Amended 1-2- 1991; 2-20-2002]
(1) Location. One (1) freestanding sign may be erected at the main entrance of any business or entity in an industrial park, and no part of such sign shall be set back less than fifteen (15) feet from the right-of-way line or public walkway. No sign shall interfere with the visibility from any driveway at its intersection with a public highway.
(2) Sizes. There shall be no more than two (2) sign sides, the exterior dimensions of which shall not exceed thirty (30) square feet per side. The total area on which printing appears shall not exceed twenty (20) square feet.
§ 144-40. Temporary and special purpose signs.
C. Banners. No banner shall be displayed over any sidewalk, town street or highway except upon direction of the Town Board, following written [upon] application and the furnishing of a public liability bond as described in this paragraph. The applicant shall provide the Town Board with the information required by §144-34(B) of this chapter and demonstrate the ability to furnish a [A] public liability bond or policy in the sum of at least fifty thousand dollars ($50,000.) [shall be furnished] for
each banner which extends across a sidewalk, street or highway. Such banner must be securely fastened to buildings or structures.
C. Temporary signs. Temporary signs may be permitted by the Zoning Officer [Building Inspector], upon direction of the Town Board following written application. [Temporary signs erected or maintained by charitable and nonprofit organizations may be permitted by the Building Inspector upon direction of the Town Board.] The applicant must specify the number of signs to be erected, the size of the sign or signs and the proposed location of the sign or signs. No temporary sign may direct attention to a business, commodity, service, entertainment or attraction sold, offered, or existing elsewhere than upon the same premises where such sign is displayed, or only incidentally sold, offered, or existing upon such premises. Any temporary sign shall be removed on or before the removal date established by the Town Board. [There shall be no fee for a permit for a temporary sign.]
D. Construction signs. [There shall be no fee for a construction sign permit.] Construction signs shall be set back at least ten (10) feet from any right-of-way or side lot lines. Construction signs shall not be more than seven (7) feet in height and shall be mounted on post supports. Construction signs displaying the name of the architect, engineer, principal, contractor and other participants engaged in the work of constructing a building or structure, as well as announcing the purpose of the building or structure for which a building permit has been issued and has not expired, may be permitted as follows: [Amended 1-2-1991]
(1) Commercial, Industrial and Development and Research Zones. A single sign per lot not exceeding sixteen (16) square feet in area may be erected and maintained for the period beginning with the excavation and ending with the completion of the construction of any such building.
(2) Residential Zone. A single sign per lot not exceeding six (6) square feet in area may be erected. Permits for such signs shall be issued on a one-year renewable basis.
(3) Temporary subdivision sign. One (1) temporary sign for a subdivision not exceeding sixteen (16) square feet in area may be erected after final subdivision approval is granted by the Planning Board. Permits for such signs shall be issued on a one-year renewable basis.
§ 144-41. Nonconforming signs.
A. All nonconforming signs, which are in use prior to the effective date of the ordinance from which this chapter was derived, may continue in use as nonconforming signs except as follows:
(1) Any sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than [and] upon the same premises where such sign is displayed or only incidentally sold, offered, or existing upon such premises, or a sign advertising a previous business on the premises which has not been purchased, leased or assumed by the present occupant, shall be removed within sixty (60) days after notification by the Zoning Officer. [Amended 2-20-2002]
Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.
At this time Supervisor Cudney opened the Public Hearing to hear all interested persons for or against the Proposed Amendment to the Town Code of Ordinances.
Name/Address Proponent/Opponent Questions
George Samrotto - 20 Scherff Road Proponent
Richard Leonard - 33 Burbank Drive Proponent
Henry Dinder - 5532 Big Tree Road Questions
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Public Hearing in the matter of Local Law for the Year 2004, is hereby closed at 7:24 PM (local time).
The resolution was unanimously adopted.
WHEREAS, a resolution was duly adopted by the Town Board at a Special Meeting on the 24th day of March 2004, at 6:33 PM (local time), at the Municipal Center, 4295 South Buffalo Street Orchard Park, New York, to schedule a Public Hearing for Wednesday, April 7, 2004 at 7:00 PM to hear all interested parties on the Proposed Local Law for the Year 2004 relating to Signs, and
WHEREAS, notice of said scheduling for the Public Hearing relating to the Proposed Local Law for the Year 2004 relating to Signs was duly published in the Southtowns Citizen, the official newspaper of the Town of Orchard Park, on March 27, 2004, and
WHEREAS, the Public Hearing was duly held on the 7th day of April 2004, at 7:00 PM (local time) at the Orchard Park Municipal Building, 4295 South Buffalo Street, Orchard Park, New York, and all parties in attendance had the an opportunity to speak for or against the Proposed Local Law relating to Signs, and
WHEREAS, the Erie County Department of Planning, pursuant to Section 239(m) of the General Municipal Law, made no recommendation with regard to the said Proposed Local Law relating to Signs, and
WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law, it has been determined by the Town Board of the Town of Orchard Park that adoption of said Local Law relating to signs would not have a significant effect upon the environment, and
WHEREAS, the Town Board of the Town of Orchard Park, after due deliberation, finds it in the best interest of the Town of Orchard Park to adopt said Local Law relating to Signs, and
WHEREAS, notice was provided of the proposed Local Law relating to signs to all of the Clerks of the adjacent towns, villages or cities, and upon the Clerk of the Erie County Legislature, and
WHEREAS, the Town Board of the Town of Orchard Park makes the following findings in support of the Local Law’s amendments to the sign regulations of the Zoning Ordinance:
1. Section 144-33, added February 20, 2002, accurately states the intent of the Town Board of the Town of Orchard Park to regulate sign structures in order to advance its interests in aesthetics and traffic safety, while permitting adequate business identification, advertising and communications as well as non commercial communication;
2. Regulating the location, number, height and size of sign structures in the Town of Orchard Park is the best way to advance the interests of the Town of Orchard Park, as set forth in §144-33;
3. Sign structures should be regulated by location and zoning district in order to minimize their negative impact on aesthetic values and traffic safety;
4. The greater the number of signs in the Town of Orchard Park, the greater the interference with the scenic and natural beauty of the Town of Orchard Park, and the greater the probability of distraction and obstruction, and therefore, the more severe the negative impact upon aesthetic values and traffic safety;
5. The greater the surface area or height of any sign, the more it will negatively impact upon aesthetic values and traffic safety, because the greater the surface area or height of any sign, the greater the interference with the scenic and natural beauty of the Town of Orchard Park, and the greater the probability it will cause distraction and obstruction;
6. Notwithstanding the foregoing, businesses operating in the Town of Orchard Park have a strong interest in identifying their places of business and advertising the products or services available there, and the public similarly has a strong interest in this type of information. However, the interest of any business operating in the Town of Orchard Park in using or leasing its available space for the purpose of advertising a business, commodity, service, entertainment or attraction sold, offered or located elsewhere is not as great as its interest in identifying its own place of business and advertising the products or services available there, and not as great as the Town of Orchard Park’s interests in aesthetics and traffic safety;
7. The Zoning Ordinance’s prohibition of billboards, defined in §144-5 of the Zoning Ordinance, advances the Town of Orchard Park’s interests in aesthetics and traffic safety because it is intended to result in fewer sign structures in general, and fewer large sign structures in particular, in the Town of Orchard Park, while allowing businesses operating in the Town of Orchard Park to adequately identify, advertise and communicate concerning their businesses, and while allowing all persons to publish non-commercial messages on any sign structure authorized under the Zoning Ordinance;
8. The Town of Orchard Park incurs sufficient administrative cost in connection with its handling and review of applications for permits to erect sign structures to support the modest permit fee requirements of the Zoning Ordinance which relate to sign structures. Specifically, the Building Inspector’s Office, which handles applications for permits to erect sign structures, reports that on average, an inspector spends a minimum of two hours in connection with an application for a simple, conforming sign, and spends additional time as needed, depending upon the complexity of the proposed sign structure;
9. The Second Circuit Court of Appeals, by its recent decision in the Lamar Advertising of Penn, LLC v. Town of Orchard Park, New York lawsuit, effectively approved the Town of Orchard Park’s February 20, 2002 amendments to the Zoning Ordinance, and specifically, the addition of §144-33 and repeal of §144-35(B), by its holding that these amendments rendered moot Lamar Advertising of Penn, LLC’s (“Lamar”) claims that the Zoning Ordinance was unconstitutional because (a) it did not include an express statement of legislative intent, and (b) §144-35(B) effectively favored “commercial speech” over “non-commercial speech”; and
10. Upon review of the sign structure regulations of the Zoning Ordinance in light of the Second Circuit Court of Appeals’ decision on the Lamar Advertising appeal, it is in the best interest of the Town of Orchard Park and its residents to further amend the Zoning Ordinance to further clarify, and ensure the achievement of, the intent of the Town Board of the Town of Orchard Park to regulate sign structures in a constitutional manner, and to further clarify the technical and procedural rules related to the erection of sign structures in the Town of Orchard Park.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the adoption of Local Law 4-2004 as presented in the Public Hearing.
Supervisor Cudney called for a roll call vote: Supervisor Cudney Aye
Councilwoman Ackerman Aye
Councilman Jemiolo Aye
Councilman Kaczor Absent
Councilman Mills Aye
The resolution was duly adopted.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, following due and timely notice a Public Hearing was held on March 17, 2004 relating to the matter of the Proposed Local Law for the Year 2004; Conservation Easements, at which time all interested parties were given an opportunity to be heard
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the adoption of Local Law 5-2004, which reads as follows:
New wording is underlined
Chapter 52
§ 52-6 CONSERVATION EASEMENTS
Such proposal shall be submitted in such manner and form as may be prescribed by the Conservation Board and shall include a survey map and metes and bounds description of the proposed area. [The owner shall pay to the town a fee of fifteen dollar ($15) which shall be deemed a reasonable sum to cover the costs of administration, no part of which shall be returnable to the applicant.]
§ 52-7 VALUATION FOR TAXATION
After acquisition of any such interest pursuant to this chapter, the valuation placed upon such area for purposes of real estate taxation shall take into account and be limited by the limitation of the future use of the land.
The limitation will be calculated by the Assessor first determining the going market value of farmland in the immediate area, which may include farmland in the Towns of Aurora, Boston and Hamburg. Secondly, the vacant land within the Conservation Easement of the parcel will have the assessment reduced by the following percentages, thus compensating for the loss in value due to the Conservation Easement being placed upon the vacant land within the Conservation Easement of the parcel.
15-29 year commitment 50% reduction
30-49 year commitment 75% reduction
50-75 year commitment 85% reduction
Perpetual commitment 90% reduction
§ 52-8 PENALTIES FOR OFFENSES
If there is a violation of the terms and conditions of the Conservation Easement Agreement or if said Conservation Easement Agreement is canceled by the Town Board upon petition, then the owner or owners of said property must pay the Town of Orchard Park the following amounts:
[A. All taxes granted abatement under and pursuant to the Conservation Easement Agreement, said taxes to include improvement districts and other taxing units to which the property is subject. Said back taxes shall be limited as follows: any easement broken before its 11th year will be subject to a five-year maximum rollback; and easement broken between the 11th and 15th year will be subject to a four-year maximum rollback; and easement broken in its 16th year or later will be subject to a three-year maximum rollback, and
B. The penalty assessed on the basis of the previous year’s tax abatement multiplied by a factor equal to the term of the easement. This factor shall not exceed five (5).]
A. All taxes abated pursuant to the Conservation Easement Agreement, as limited by the remainder of this sub-paragraph, including those taxes imposed by the state, county, town, school districts and all special improvement districts and other taxing units to which the property is subject. Repayment of the aforementioned abated taxes shall be based upon the following calculations;
i. Easement agreements violated or cancelled before the 15th year will be subject to repayment of the amount of the abated taxes for the past year, multiplied by five.
ii. Easement agreements violated or canceled between the 15th and 20th years will be subject to repayment of the amount of the abated taxes for the past year, multiplied by four.
iii. Easement agreements violated or cancelled in its 20th year or later will be subject to repayment of the amount of the abated taxes for the past year, multiplied by three.
B. A penalty, which is based upon the amount of the previous year’s tax abatement, multiplied by a factor (not to exceed 25) equal to the duration of the easement agreement, plus 6%.
§ 52-9 PRIOR EASEMENTS
All Conservation Easements filed in the Erie County Clerk’s office prior to adoption of this Amendment to § 52-8 of the Orchard Park Town Code, shall be governed by the provisions of § 52-8 of the Orchard Park Town Code which were in effect prior to the adoption of this Amendment.
Supervisor Cudney called for a roll call vote: Supervisor Cudney Aye
Councilwoman Ackerman Aye
Councilman Jemiolo Aye
Councilman Kaczor Absent
Councilman Mills Aye
The resolution was duly adopted.
Old Business #2 - Award Brush Pick Up Contract
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
The resolution was unanimously adopted.
Old Business #3 – Baker Road Reconstruction Project: SEQR Declaration and Bonding
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
A Resolution Authorizing the Reconstruction of Baker Road from East Quaker Street to 400 Feet North of Mile Strip Road and Replacement of Bridges Thereon Crossing the Northeast Branch of Smokes Creek and the Northwest Branch of Smokes Creek, Authorizing the Issuance of Serial Bonds of the Town of Orchard Park, Erie County, New York in an Aggregate Principal Amount Not To Exceed $3,100,000.00 Pursuant to the Local Finance Law to Finance Said Purposes and Delegating the Power to Issue Bond Anticipation Notes in Anticipation of the Sale of Such Bonds to the Town Supervisor, and Providing that this Resolution shall be Subject to Permissive Referendum.
BE IT RESOLVED, by the Town Board of the Town of Orchard Park, Erie County, New York (the "Town") (by the favorable vote of not less than two‑thirds of all of the members of the Board) as follows:
SECTION 1. The specific purposes (hereinafter referred to as "purposes") to be financed pursuant to this resolution are the following:
Reconstruction of Baker Road from East Quaker Street to 400 Feet North of Mile Strip Road (the “Road Reconstruction Purpose”), at an estimated maximum cost of $2,600,000.00; and
Replacement of Bridges Thereon Crossing the Northeast Branch of Smokes Creek and the Northwest Branch of Smokes Creek (the “Bridge Replacement Purpose”), at an estimated maximum cost of $500,000.00.
SECTION 2. The Town Board plans to finance the total cost of said purposes by the issuance of serial bonds of the Town in an amount not to exceed $2,600,000.00 for the Road Reconstruction Purpose and $500,000.00 for the Bridge Replacement Purpose, which are hereby authorized to be issued therefor pursuant to the Local Finance Law, and with amounts expected to be provided by the State of New York pursuant the Highway Law, in an amount of approximately $200,000.00.
SECTION 3. (a) It is hereby determined that Road Reconstruction Purpose is an object or purpose described in subdivision 20(c) of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is fifteen (15) years.
(b) It is hereby determined that Bridge Replacement Purpose is an object or purpose described in subdivision 10 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is twenty (20) years.
SECTION 4. It is hereby determined that the proposed maturity of the obligations authorized by this resolution will be in excess of five (5) years.
SECTION 5. Current funds are required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of such bonds.
SECTION 6. The faith and credit of said Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
SECTION 7. Subject to the terms and contents of this resolution and the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 63.00, inclusive, of said Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this resolution and the renewals of said notes and the power to prescribe the terms, form and content of said serial bonds, and said bond anticipation notes, and the power to sell and deliver said serial bonds and any bond anticipation notes issued in anticipation of the issuance of such bonds, is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said serial bonds, and the Town Clerk is hereby authorized to affix the corporate seal of said Town to any of said serial bonds or any bond anticipation notes and to attest such seal.
SECTION 8. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof, as "qualified tax-exempt obligations" in accordance with Section 265(b)(3) of the Code.
SECTION 9. The Town reasonably expects to reimburse itself from the proceeds of bond or notes herein authorized for expenditures made for the purpose to be financed by this resolution prior to issuance of such bonds or notes, and this resolution is intended to constitute a declaration of official intent to reimburse for purposes of U.S. Treasury Regulation § 1.150‑2.
SECTION 10. The Town has heretofore issued a negative declaration determining that the implementation of the Road Reconstruction Purpose and the Bridge Replacement Purpose will not have a significant effect on the environment.
SECTION 11. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:
(1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or
(2) The provisions of law which should be complied with at the date of the publication of this resolution, or a summary hereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or
(3) Such obligations are authorized in violation of the provisions of the Constitution of New York.
SECTION 12. This resolution is subject to permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days of the adoption of this resolution, to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in the Southtown Citizen, a newspaper having a general circulation in said Town and hereby designated as the official newspaper of said Town for such publication, and to be posted on the sign board of the Town, a notice which shall set forth a copy of this resolution.
SECTION 13. The firm of Hiscock & Barclay, LLP is hereby appointed Bond Counsel of the Town in connection with the bonds and notes herein authorized.
SECTION 14. This resolution is subject to permissive referendum.
Supervisor Cudney called for a roll call vote: Supervisor Cudney Aye
Councilwoman Ackerman Aye
Councilman Jemiolo Aye
Councilman Kaczor Absent
Councilman Mills Aye
The resolution was duly adopted.
New Business #1 Approve Riding Academy/Public Stable Permit for Greendale Farm
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN , TO WIT:
RESOLVED, that the Town Board does hereby approve the 2004 Riding Academy & Public Stable Permit for Greendale Farm, 7295 Jewett Holmwood Road, as recommended by the Building Inspector.
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize the appoint of Thomas Ostrander, 16 Hazel Court, Orchard Park (West Seneca, N.Y. 14224 mailing) from the Civil Service List, to the position of Junior Engineer assigned to the Engineering Department at Range 012, Step D of CSEA union wage schedule effective March 15, 2004 with a six-month probationary period, effective April 1, 2004 as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #3 – Appointment of Building Inspector
15) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the promotion of Dave Holland to the position of Building Inspector at Range 0011, Step B of CSEA union wage scale schedule effective April 12, 2004.
The resolution was unanimously adopted.
New Business #4 – Recreation Department Appointment
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following appointment to the Staff of the Recreation Department, being properly certified as required; Theresa Gang, 65 School Street, as Seasonal Recreation Supervisor, beginning April 13, 2004.
The resolution was unanimously adopted.
New Business #5 – South Lane Reconstruction Project – Lead Agency Status
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town has been planning the South Lane reconstruction, and
WHEREAS, it is necessary to comply with the State Environmental Quality Review Act
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town to seek Lead Agency status for the proposed South Lane reconstruction project, and instruct the Planning Coordinator to send out the necessary documentation for the Coordinated Review.
The resolution was unanimously adopted.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, the Town Board does hereby authorize the Town’s participation, as required by law, in the Western New York Stormwater Coalition Public Information Meeting for Stormwater Phase II implementation to be held on May 5, 2004 at 7:00 PM at ECC-South Campus, and be it further
RESOLVED, the Town Board does hereby authorize Richard Mrugalski to attend said Stormwater information meeting on this Boards behalf as recommended by the Town Engineer.
The resolution was unanimously adopted.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Western New York Safety Conference, Inc. has taken great pride in the safety of people both on and off the job, and has implemented wide reaching programs of safety education and accident prevention; and
WHEREAS, this program has become an example and a model for all businesses and industries, and has served as a reminder for