REGULAR MEETING
December 5, 2022
A regular meeting of the Town Board of the Town of Busti was held on Monday, December 5, 2022 at 6:45 p.m., at the Town of Busti, Town Administration Building, 125 Chautauqua Avenue, Lakewood, New York, with the following members present:
Supervisor Jesse M. Robbins
Councilman Jim Andrews
Councilman Doug Brown
Councilman Todd Hanson
Councilman Paul Gustafson
Supervisor Robbins called the meeting to order with the salute to the flag and a moment of silence was observed.
Present at the meeting in person: Highway Superintendent Greg Johnson, Lakewood Busti Police Chief Chris DePonceau, Attorney Joel Seachrist, Code Enforcement Officer Jeff Swanson, Busti Fire Department Chief Matt Staffor, Adam and Nathan Rizzo – Solar Liberty, Jim Toth, Jim Mahoney, Jessica Parment, Colin Larsoon, Robert Robbins, Lee Fischer, Warren & Diane VanDewark, Michael Nygren, Sharon Fischer, and Pam Rosoto.
Colin Larson stated on November 9, 2022 Supervisor Robbins was seen on his property and asked who gave him permission to access the property as it is posted. Supervisor Robbins apologized for coming on to the property; he said he did not realize that it was posted, and he was looking for a contractor that he was told was working on the property. As soon as someone told him he had gone on posted property, he talked to Chief DePonceau about the matter.
Lee Fischer stated he received a letter from the Town of Busti stating he had a month to comply with zoning violations which would have been the end of November. Mr. Fischer did not feel that thirty days was enough time for him to correct violations. Robert Robbins stated he lives near Mr. Fischer and is helping Lee get his property cleaned up; he believes there are other properties in the town that are just as bad and feels the town should be sending notices to them as well. Supervisor Robbins stated the town is working with other property owners to clean up their property, however, the town has been trying to work with Mr. Fischer for thirty years and nothing has been done. There is a process that the town has to follow, and it takes time.
Supervisor Robbins noted the town owns property adjacent to the Fischers and has had it surveyed. He asked Attorney Seachrist what the process was to clean up the debris that has accumulated on the said property. Mr. Seachrist stated it is town owned property; the town has the right to remove anything that is on that property. He suggested the town give a two week notice that anything left on the property will be removed after the two-week period. Pam Rosoto asked if they were discussing the Fischer’s property; Supervisor Robbins explained the property being discussed is town owned property that the Fischers have some of their things on it. Supervisor Robbins stated that two weeks from this meeting, December 19th, the Highway Department will be down there sometime in the morning, weather permitting, and will begin removing any items that are on the town property. Ms. Rosoto asked for a copy of the Town Code. Attorney Seachrist stated the code can be accessed from the Town’s website, townofbusti.com, under the Government link – the first drop down is the Town of Busti Code. Sharon Fischer stated she feels they are not being treated fairly. Supervisor Robbins stated again that this is town owned property that the Highway Department will be cleaning up.
Supervisor Robbins noted it was 7:00 p.m. and motioned to open the Public Hearing, regarding the adoption of Local Law No. 8 of 2022 entitled A LOCAL LAW PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE. Motion was seconded by Councilman Brown.
All in favor, carried
Proof of publication was placed on file.
No one present spoke on the proposed law.
Supervisor Robbins motioned to close the public hearing at 7:01 p.m., seconded by Councilman Brown.
All in favored, carried.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Gustafson.
RESOLVED, the Town Board of the Town of Busti adopt Local Law No. 8 of 2022 entitled A Local Law Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code as written.
TOWN OF BUSTI
A LOCAL LAW PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT OF THE
NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE
Local Law #8 of 2022
Be it enacted by the Town Board of the Town of Busti, in the County of Chautauqua, as follows:
Section 1.
A new Chapter 223 is hereby inserted into the Code of the Town of Busti, which is intended to supersede and replace the existing Chapter 223, and which shall provide as follows:
§ 223-1 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 Town. This local law is adopted pursuant to section 10 of the Municipal Home Rule Law.
Except as otherwise provided in the Uniform Code, the Energy 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 this local law.
§ 223-2 DEFINITIONS.
In this local law, the following terms shall have the meanings shown in this section:
ASSEMBLY AREA – An area in any building, or in any portion of a building, that is primarily used or intended to be used for gathering fifty or more persons for uses including, but not limited to, amusement, athletic, entertainment, social, or other recreational functions; patriotic, political, civic, educational, or religious functions; food or drink consumption; awaiting transportation; or similar purposes.
BUILDING PERMIT – A building permit, construction permit, demolition permit, or other permit that authorizes the performance of work. 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 COMPLIANCE – A document issued by the Town stating that work was done in compliance with approved construction documents and the Codes.
CERTIFICATE OF OCCUPANCY – a document issued by the Town certifying that the building or structure, or portion thereof, complies with the approved construction documents that have been submitted to, and approved by the Town, and indicating that the building or structure, or portion thereof, is in a condition suitable for occupancy.
CODE ENFORCEMENT OFFICER – the Code Enforcement Officer appointed pursuant to Section 223-3(B) of this Chapter.
CODE ENFORCEMENT PERSONNEL – Includes the Code Enforcement Officer and all Inspectors.
CODES – The Uniform Code and Energy Code.
ENERGY CODE – The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law.
FCNYS – The 2020 Fire Code of New York State as currently incorporated by reference in 19 NYCRR Part 1225.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION – An inspection performed to determine compliance with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference.
HAZARDOUS PRODUCTION MATERIALS – A solid, liquid, or gas associated with semiconductor manufacturing that has a degree-of-hazard rating in health, flammability, or instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of the Hazards of Materials for Emergency Response), and which is used directly in research, laboratory, or production processes which have, as their end product, materials that are not hazardous.
INSPECTOR – An inspector appointed pursuant to Section 223-3(D) of this Chapter.
MOBILE FOOD PREPARATION VEHICLES – Vehicles that contain cooking equipment that produces smoke or grease-laden vapors for the purpose of preparing and serving food to the public. Vehicles intended for private recreation shall not be considered mobile food preparation vehicles.
OPERATING PERMIT – A permit issued pursuant to Section 223-10 of this Chapter. The term “Operating Permit” shall also include an Operating Permit which is renewed, amended, or extended pursuant to any provision of this Chapter.
ORDER TO REMEDY – An order issued by the Code Enforcement Officer pursuant to Section 223-16(A) of this Chapter.
PERMIT HOLDER – The Person to whom a Building Permit has been issued.
PERSON – Includes 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.
PMCNYS – The 2020 Property Maintenance Code of New York State as currently incorporated by reference in 19 NYCRR Part 1226.
RCNYS – The 2020 Residential Code of New York State as currently incorporated by reference in 19 NYCRR Part 1220.
REPAIR – The reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage.
STOP WORK ORDER – An order issued pursuant to Section 223-6 of this Chapter.
SUGARHOUSE – A building used, in whole or in part, for the collection, storage, or processing of maple sap into maple syrup and/or maple sugar.
TEMPORARY CERTIFICATE OF OCCUPANCY – A certificate issued pursuant to Section 223-7(D) of this Chapter.
TOWN – The Town of Busti
UNIFORM CODE – The New York State Uniform Fire Prevention and Building Code, Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant to Article 18 of the Executive Law.
§ 223-3. 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 Chapter. 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 of Occupancy, 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 of Occupancy, and Operating Permits, and to include in terms and conditions as the Code Enforcement Officer may determine to be appropriate Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits;
(3) To conduct construction inspections; inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, 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 Chapter;
(4) To issue Stop Work Orders;
(5) To review and investigate complaints;
(6) To issue orders pursuant to Section 223-16 (Violations) of this Chapter;
(7) To maintain records;
(8) To collect fees as set by the Town Board of this Town;
(9) To pursue administrative enforcement actions and proceedings;
(10) In consultation with this Town’s attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this Chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, or this Chapter; and
(11) To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this Chapter.
B. The Code Enforcement Officer shall be appointed by the Town Board. 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 Department of State pursuant to the Executive Law and the regulations promulgated thereunder.
C. If the Code Enforcement Officer is unable to serve as such for any reason, another individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of their appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this Chapter.
D. One or more Inspectors may be appointed by the Town Board to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this Chapter. 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 Department of State pursuant to the Executive Law and the regulations promulgated thereunder.
E. The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Town Board of this Town.
§ 223-4. 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 thereof, 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 Town.
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 144 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) Alterations to existing buildings, provided that the alterations meet all the following conditions:
(a) Cost less than ten thousand dollars ($10,000);
(b) Do not materially affect structural features;
(c) Do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits; and
(d) Do not include the installation of solid fuel burning heating appliances and associated chimneys and flues.
(6) Construction of temporary sets and scenery associated with motion picture, television, and theater uses;
(7) Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(8) Installation of partitions or movable cases less than 5′-9″ in height;
(9) Painting, wallpapering, tiling, carpeting, or other similar finish work;
(10) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(11) Replacement of any equipment provided the replacement does not alter the equipment’s listing or render it inconsistent with the equipment’s original specifications; or
(12) Repairs, provided that the work does not have an impact on fire and life safety, such as (i) any part of the structural system; (ii) the required means of egress; or (iii) the fire protection system or the removal from service of any part of the 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 applicable 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 location, nature, extent, and scope of the proposed work;
(2) The tax map number and the street address of any affected building or structure;
(3) The occupancy classification of any affected building or structure;
(4) Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(5) At least 2 sets of construction documents (drawings and/or specifications) which (i) describe the location, nature, extent, and scope of the proposed work; (ii) show that the proposed work will conform to the applicable provisions of the Codes; (iii) show the location, construction, size, and character of all portions of the means of egress; (iv) show a representation of the building thermal envelope; (v) show structural information including but not limited to braced wall designs, the size, section, and relative locations of structural members, design loads, and other pertinent structural information; (vi) show the proposed structural, electrical, plumbing, mechanical, fire-protection, and other service systems of the building; (vii) include a written statement indicating compliance with the Energy Code; (viii) include a site plan, drawn to scale and drawn in accordance with an accurate boundary survey, showing the size and location of new construction and existing structures and appurtenances on the site, distances from lot lines, the established street grades and the proposed finished grades, and, as applicable, flood hazard areas, floodways, and design flood elevations; and (ix) evidence that the documents were prepared by a licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law and practice guidelines, including but not limited to the design professional’s seal which clearly and legibly shows both the design professional’s name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional’s registration expiration date, the design professional’s firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm’s Certificate of Authorization number.
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 as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp, or in the case of electronic media, an electronic marking. 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 the 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, such change shall not be made until and unless 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 months following the date of issuance. Building Permits shall expire 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 demonstrates that (1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the 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 223-17 (Fees) of this Chapter 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.
§ 223-5. 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, where applicable:
(1) Work site prior to the issuance of a Building Permit;
(2) Footing and foundation;
(3) Preparation for concrete slab;
(4) Framing;
(5) Structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the building;
(6) Fire resistant construction;
(7) Fire resistant penetrations;
(8) Solid fuel burning heating appliances, chimneys, flues, or gas vents;
(9) Inspections required to demonstrate Energy Code compliance, including but not limited to insulation, fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan efficiencies, programmable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, and high-performance lighting and controls;
(10) Installation, connection, and assembly of factor manufactured buildings and manufactured homes; and
(11) A final inspection after all work authorized by the Building Permit has been completed.
C. Remote inspections. At the discretion of the Code Enforcement Officer or Inspector authorized to perform construction inspections, a remote inspection may be performed in lieu of an in-person inspection when, in the opinion of the Code Enforcement Officer or such authorized Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or by such authorized Inspector that the elements of the construction process conform with the applicable requirements of the Uniform Code and Energy Code. Should a remote inspection not afford the Code Enforcement Officer or such authorized Inspector sufficient information to make a determination, an in-person inspection shall be performed.
D. 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 the manner in which the work fails to comply with the Uniform Code or Energy Code, including a citation to the specific code provision or provisions that have not been met. Work not in compliance 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, reinspected, and found satisfactory as completed.
E. Fee. The fee specified in or determined in accordance with the provisions set forth in Section 223-17 (Fees) of this Chapter must be paid prior to or at the time of each inspection performed pursuant to this section.
§ 223-6. 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 has 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, subcontractor, 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, other than work expressly authorized by the Code Enforcement Officer to correct the reason for issuing the Stop Work Order.
E. Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any 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 223-17 (Violations) of this Chapter or under any other applicable Chapter or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order.
§ 223-7. CERTIFICATES OF OCCUPANCY AND CERTIFICATES OF COMPLIANCE
A. Certificates of Occupancy and Certificates of Compliance required. A Certificate of Occupancy or 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 subclassification 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 or Certificate of Compliance.
B. Issuance of Certificates of Occupancy and Certificates of Compliance. The Code Enforcement Officer shall issue a Certificate of Occupancy or 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 one use or occupancy classification or subclassification 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 a Certificate of Occupancy or 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 or Certificate of Compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy or Certificate of Compliance:
(1) A written statement of structural observations and/or a final report of special inspections,
(2) Flood hazard certifications,
(3) A written statement of the results of tests performed to show compliance with the Energy Code, and
(4) Where applicable, the affixation of the appropriate seals, insignias, and manufacturer’s data plates as required for factory manufactured buildings and/or manufactured homes.
C. Contents of Certificates of Occupancy and Certificates of Compliance. A Certificate of Occupancy or 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 (if any), address and tax map number of the property;
(4) If the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy or Certificate of Compliance is issued;
(5) The use and occupancy classification of the structure;
(6) The type of construction of the structure;
(7) The occupant load of the assembly areas in the structure, if any;
(8) Any special conditions imposed in connection with the issuance of the Building Permit; and
(9) The signature of the Code Enforcement Officer issuing the Certificate of Occupancy or Certificate of Compliance and the date of issuance.
D. Temporary Certificate of Occupancy. The Code Enforcement Officer shall be permitted to issue a Temporary Certificate of Occupancy 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 of Occupancy unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the Temporary Certificate of Occupancy, may be occupied safely, (2) that any required fire and life safety components, such as fire protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operational, and (3) that all required means of egress from the structure have been provided. The Code Enforcement Officer may include in a Temporary Certificate of Occupancy such terms and conditions as he or she deems necessary or appropriate to ensure the health and safety of the persons occupying and using the building or structure and/or performing further construction work in the building or structure. A Temporary Certificate of Occupancy 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 of Occupancy. During the specified period of effectiveness of the Temporary Certificate of Occupancy, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.
E Revocation or suspension of certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy, Certification of Compliance, or a Temporary Certificate of Occupancy was issued in error or on the basis of incorrect 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 223-17 (Fees) of this Chapter must be paid at the time of submission of an application for a Certificate of Occupancy, Certificate of Compliance, or for Temporary Certificate of Occupancy.
§ 223-8. NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing firefighting services for a property within this Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney, or gas vent.
§ 223-9. UNSAFE BUILDINGS, STRUCTURES, AND EQUIPMENT AND CONDITIONS OF IMMINENT DANGER
Unsafe buildings, structures, and equipment and conditions of imminent danger in this Town shall be identified and addressed in accordance with the procedures established by Chapter 193, Buildings, Unsafe, and Collapsed Structures, of this Code, as now in effect or as hereafter amended from time to time.
§ 223-10. OPERATING PERMITS.
A. Operation Permits required. Operating Permits shall be required for conducting any process or activity or for operating any type of building, structure, or facility listed below:
(1) Manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS;
(2) Buildings, structures, facilities, processes, and/or activities that are within the scope and/or permit requirements of the chapter or section title of the FCNYS as follows:
(a) Chapter 22, “Combustible Dust-Producing Operations.” Facilities where the operation produces combustible dust;
(b) Chapter 24, “Flammable Finishes.” Operations utilizing flammable or combustible liquids, or the application of combustible powders regulated by Chapter 24 of the FCNYS;
(c) Chapter 25, “Fruit and Crop Ripening.” Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas;
(d Chapter 26, “Fumigation and Insecticidal Fogging.” Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling;
(e) Chapter 31, “Tents, Temporary Special Event Structures, and Other Membrane Structures.” Operating an air-supported temporary membrane structure, a temporary special event structure, or a tent where approval is required pursuant to Chapter 31 of the FCNYS;
(f) Chapter 32, “High-Piled Combustible Storage.” High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage;
(g) Chapter 34, “Tire Rebuilding and Tire Storage.” Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant;
(h) Chapter 35, “Welding and Other Hot Work.” Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling;
(i) Chapter 40, “Sugarhouse Alternative Activity Provisions.” Conducting an alternative activity at a sugarhouse;
(j) Chapter 56, “Explosives and Fireworks.” Possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law section 270;
(k) Section 307, “Open Burning, Recreational Fires and Portable Outdoor Fireplaces.” Conducting open burning, not including recreational fires and portable outdoor fireplaces;
(l) Section 308, “Open Flames.” Removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies; and
(m) Section 319, “Mobile Food Preparation Vehicles.” Operating a mobile food preparation vehicle, as now in effect or as hereafter amended from time to time.
(3) Energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings in section R327.5 of the RCNYS.
(4) Buildings containing one or more assembly areas;
(5) Outdoor events where the planned attendance exceeds 1,000 persons;
(6) Facilities that store, handle or use hazardous production materials;
(7) Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of this Town; and
(8) Other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Town Board of this Town.
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 an Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit. Such inspections shall be performed either in-person or remotely. Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or Inspector authorized by the Code Enforcement Officer that the premises conform with the applicable requirements of the Uniform Code and the code enforcement program. Should a remote inspection not afford the Town sufficient information to make a determination, an in-person inspection shall be performed. After inspection, the premises shall be noted as satisfactory and the operating permit shall be issued, or the operating permit holder shall be notified as to the manner in which the premises fail to comply with either or both of the Uniform Code and the code enforcement program, including a citation to the specific provision or provisions that have not been met.
D. Multiple Activities. In any circumstance in which more than one activity listed in subdivision (a) of this section is 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 their discretion, issue a single Operating Permit to apply to all such activities.
E. Duration of Operating Permits. Operating permits shall be issued for a specified period of time consistent with local conditions, but in no event to exceed as follows:
(1) One hundred eighty (180) days for tents, special event structures, and other membrane structures;
(2) Sixty (60) days for alternative activities at a sugarhouse;
(3) Three (3) years for the activities, structures, and operations determined per paragraph (8) of subdivision A of this section, and
(4) One (1) year for all other activities, structures, and operations identified in subdivision A of this section.
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 223-17 (Fees) of this Chapter must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit.
§ 223-11. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS
A. Inspections required. 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) At least once every twelve (12) months for buildings which contain an assembly area;
(2) At least once every twelve (12) months for public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining, or recreational facilities; and
(3) At least once every thirty-six (36) months for multiple dwellings and all nonresidential occupancies.
B. Remote inspections. At the discretion of the Code Enforcement Officer or Inspector authorized to perform fire safety and property maintenance inspections, a remote inspection may be performed in lieu of in-person inspections when, in the opinion of the Code Enforcement Officer or such authorized Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or such authorized Inspector that the premises conform with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. Should a remote inspection not afford the Code Enforcement Officer or such authorized Inspector sufficient information to make a determination, an in-person inspection shall be performed.
C. 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 authorized to perform fire safety and property maintenance inspections 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 or 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 or 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.
D. OFPC Inspections. Nothing in this section or in any other provision of this Chapter 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 or other authorized entity under Executive Law section 156-e and Education Law section 807-b.
§ 223-12. COMPLAINTS
A. 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 Chapter, or any other local law 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:
(1) Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
(2) 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 notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in Section 223-16 (Violations) of this Chapter;
(3) If appropriate, issuing a Stop Work Order;
(4) 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.
§ 223-13. CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA.
A. The Code Enforcement Officer shall determine the climatic and geographic design criteria for buildings and structures constructed within this Town as required by the Uniform Code. Such determinations shall be made in the manner specified in the Uniform Code using, where applicable, the maps, charts, and other information provided in the Uniform Code. The criteria to be so determined shall include but shall not necessarily be limited to, the following:
(1) Design criteria to include ground snow load; wind design loads; seismic category; potential damage from weathering, frost, and termite; winter design temperature; whether ice barrier underlayment is required; the air freezing index; and the mean annual temperature;
(2) Heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and
(3) Flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall include, at a minimum, special flood hazard areas as identified by the Federal Emergency Management Agency in the Flood Insurance Study for the community, as amended or revised with:
(a) The accompanying Flood Insurance Rate Map (FIRM);
(b) Flood Boundary and Floodway Map (FBFM); and
(c) Related supporting data along with any revisions thereto.
B. The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to subdivision A of this section, shall maintain such record within the office of the Code Enforcement Officer, and shall make such record readily available to the public.
§ 223-14. 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, specifications 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 tests performed;
(5) All statements and reports issued;
(6) All complaints received;
(7) All investigations conducted;
(8) All condition assessment reports received;
(9) All fees charged and collected; and
(10) All other features and activities specified in or contemplated by sections 4 through 14, inclusive, of this Chapter.
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.
§ 223-15. PROGRAM REVIEW AND REPORTING
A. The Code Enforcement Officer shall annually submit to Town Board of this Town 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 223-14 (Record Keeping) of this Chapter 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 this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town 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, true and complete copies of the records and related materials this Town is required to maintain; true and complete copies of such portion of such records and related materials as may be requested by the Department of State; and/or such excerpts, summaries, tabulations, statistics, and other information and accounts of its activities in connection with administration and enforcement of the Uniform Code and/or Energy Code as may be requested by the Department of State.
§ 223-16. VIOLATIONS.
A. Orders to Remedy. 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 Chapter. An Order to Remedy shall be in writing; shall be dated and signed by the Code Enforcement Officer; shall specify the condition or activity that violates the Uniform Code, the Energy Code, or this Chapter; shall specify the provision or provisions of the Uniform Code, the Energy Code, or this Chapter which is/are violated by the specified condition or activity; and shall include a statement substantially similar to the following:
“The person or entity served with this Order to Remedy must completely remedy each violation described in this Order to Remedy by [specify date], which is thirty (30) days after the date of this Order to Remedy.”
The Order to Remedy may include provisions ordering the person or entity served with such Order to Remedy (1) to begin to remedy the violations described in the Order to Remedy immediately, or within some other specified period of time which may be less than thirty (30) days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within thirty (30) days of the date of such Order to Remedy; and/or (2) to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this Chapter or by any other applicable statute, regulation, rule, local law or ordinance, and which the Code Enforcement Officer may deem appropriate, during the period while such violations are being remedied. The Code Enforcement Officer shall cause the Order to Remedy, or a copy thereof, to be served on the owner of the affected property personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy. The Code Enforcement Officer shall be permitted, but not required, to cause the Order to Remedy, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy; 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. Penalties. In addition to such other penalties as may be prescribed by State law,
(1) Any Person who violates any provision of this Chapter or any term, condition, or provision 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 Chapter, shall be punishable by a fine of not more than $1,000.00 per day of violation, or imprisonment not exceeding 15 days, or both; and
(2) Any Person who violates any provision of the Uniform Code, the Energy Code or this Chapter, 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 Chapter, shall be liable to pay a civil penalty of not more than $250.00 amount for each day or part thereof during which such violation continues. The civil penalties provided by this paragraph shall be recoverable in an action instituted in the name of this Town.
(d) Injunctive Relief. An action or proceeding may be instituted in the name of this Town, 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, this Chapter, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Order to Remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this Chapter. 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 Chapter, or any Stop Work Order, Order to Remedy or other order obtained under the Uniform Code, the Energy Code or this Chapter, an action or proceeding may be commenced in the name of this Town, 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 Town Board of this Town.
(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 Orders) of this Chapter, in any other section of this Chapter, or in any other applicable law. 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 other remedy or penalty specified in this section, in Section 223-6 (Stop Work Orders) of this Chapter, in any other section of this Chapter, 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 382 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 382 of the Executive Law.
§ 223-17. FEES
A fee schedule shall be established by resolution of the Town Board of this Town. 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 Chapter.
§ 223-18. INTERMUNICIPAL AGREEMENTS
The Town Board of this Town may, by resolution, authorize the Town to enter into an agreement, in the name of this Town, with other governments to carry out the terms of this Chapter, 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.
Section 2.
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.
Section 3.
This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.
Upon roll call vote, all aye, carried.
Attorney Joel Seachrist noted he had reviewed the Utility Credit Purchase Agreement between the Town of Busti and Busti Solar Project, LLC and had no concerns with the Town entering into the agreement. The agreement will save the town 20% on all the electric bills for the town.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, the Town of Busti Town Board authorize Supervisor Robbins to sign the Utility Credit Purchase Agreement with Busti Solar Project, LLC.
Upon roll call vote,
Supervisor Robbins – aye
Councilman Brown – aye
Councilman Andrews – aye
Councilman Hanson – recused himself due to conflict of interest
Councilman Gustafson – aye
Carried.
Town Clerk Darlene Nygren reported the employees met with Integrated Benefits to discuss the Health Insurance options for 2023. Everyone has submitted their enrollment forms and Clerk Nygren has submitted those to our agent, who will work with Independent Health to ensure everyone is enrolled properly and in a timely manner. Also, Randy Graham, Sloan Melhuish represented, contact her regarding starting the process of getting quotes from NYMIR and two additional liability insurance companies. The town’s current policy expires mid-February. Clerk Nygren will meet with Mr. Graham and review the applications which he is hoping to get submitted before the end of this month. Clerk Nygren noted when the new quotes have been received Mr. Graham will meet with her, Highway Superintendent Johnson, and Councilman Andrews to review each one and make a recommendation to the board.
Lakewood Busti Police Chief Chris DePonceau reported the department had 724 incidents from November 7th to December 5th:188 business checks, 9 checks for well-being, 5 disorderly people, 13 larceny complaints, 25 MVA, 91 property checks, 15 shoplifting, 17 suspicious situations, 13 vehicle complaints, 45 vehicle parking complaints, 40 vehicle stops, and 33 warrants whether served or input in the system.
Superintendent Greg Johnson reported his department spent Saturday, December 3rd, and this morning cleaning up trees and branches that had fallen in the roads and right of ways during the recent windstorm; they decorated the triangle in the Hamlet in time for the December 3rd Tree Lighting; and began working two shifts today. The trucks have been ordered, the county has begun using salt from the town supply and will reimburse the town, and the disc golf equipment was delivered last Saturday.
Supervisor Robbins noted Fire Inspector Wilfong had submitted copies of his daily calendar for a monthly report. Councilman Gustafson asked if he could submit a report similar to what Code Enforcement Swanson presents; possibly the report could be created off the CEO software.
Busti Fire Department Chief Matt Stafford reported the department had 41 incidents in November: including 28 EMS, 3 fires, 1 MVA and 9 service calls. They assisted Jamestown twelve times in the month including the fire at the old Crawford plant. The department has begun billing for ambulance service effective December 1st. The Ambulance Committee has decided on what ambulance they want to order and is waiting on pricing. The ambulance is built by Demeers and out of Canada and for Canadian weather. The company they are purchasing it from is Northeast in Syracuse; they will send a truck down if there are any issues with the ambulance. Chief Stafford thanked the Highway Department for getting the tree and triangle ready for the tree lighting on December 3rd.
Attorney Joel Seachrist reported he needs to send a letter on a Zoning Code violation, he is working with John LaMancuso on the sale of the property on Hoag Road, and the DEC has not responded to the town’s letter sent responding to the Floodplain audit (they did respond to the town’s FOIL request asking for copies of Floodplain audits completed in Chautauqua County). Code Enforcement Officer Swanson stated he continues to work on the list of items that were included in the audit. CEO Swanson and Councilman Brown attended a training on Floodplain Elevation, he believes the town can ask for a relief on a couple of the audit items due to the surveyor passing away and the homeowners can not locate the floodplain certificate. Attorney Seachrist will have the addendum to the Ellicott Assessor Agreement ready in January.
Supervisor Robbins noted the town received documents this afternoon, from Attorney Seachrist, on the Special Use Permit application of Solar Liberty Energy Systems, Inc to construct and operate an 8 megawatt “solar farm” at 1192 Orr Street. Adam Rizzo stated he understood the board would be voting on the Special Use Permit this evening. Supervisor Robbins stated the board would not be voting on the application tonight due to the fact that the board just received the documents this afternoon and some have not had time to review them, the board will be voting on the application at the January 9th meeting. Mr. Rizzo stated he didn’t feel that it was fair to push the vote off another month. There was a discussion regarding the items that were outstanding before the board could vote. Mr. Rizzo stated he felt that all the documents were already submitted. The board members stated they had read the documents sent by Attorney Seachrist. Councilman Gustafson stated he did read the documents and shared his opinion stating he is not against solar but he does not believe the proposed project fits the location for the following reasons: 1. The Comprehensive Plan states the town should protect the agricultural and recreational land 2. He doesn’t believe it fits what the community members in that area are looking for – he stated the view analysis was for Orr Street and Southwestern Drive but there was no analysis completed for Mead Road. There are four or five houses on Mead Road that will see the whole project. 3. He believes the Town Board is the voice of the people that voted them into office and the majority of the area residents have said they are not in favor of the project due to the site view. Some residents have talked to him personally but not publicly because they have a high respect for the VanDewarks. 4. The location of the project is not what he believes should be on the entrance to the Hamlet.
Discussion followed regarding the view of the project. Nathan Rizzo noted that Solar Liberty has committed to the screening being reevaluated in a year and will put up additional screening if needed. Councilman Brown stated he has had residents contact him and everyone has not been in favor of the project; he read the following statement from the Comprehensive Plan –“ Busti’s Priorities #4 Natural Resources – Residents were concerned with the condition of Chautauqua Lake as valuable community asset. While only a limited portion of the Town is situated within the Lake’s watershed, the more densely populated portion of the Town does identify with the Lake as an asset. Therefore, recommendations for the Town of Busti from the Chautauqua Lake Watershed Management Plan were included with the goals and objectives of this plan. The other concern raised by a segment of the survey respondents was the loss of rural and agricultural lands and the need to protect open space.” Councilman Brown stated he has had residents speak to him about the Comprehensive Plan. Supervisor Robbins stated he has had a large number of residents talk to him about the project and say they are not in favor of it. Many have not spoke publicly about their concern because they don’t want to upset the VanDewarks. Councilman Andrews stated he feels Solar Liberty has submitted an application and documentation according to the law and he is in favor move forward with the project. He does agree that the residents on Mead Road will be able to see the project site. Attorney Seachrist recommended the board not vote until the January 9th and he would like to meet with the board along with Drew Riley from Wendel Engineering under Attorney Client privilege. Adam Rizzo noted that Solar Liberty wanted to present to the board the idea of using sheep to help with the vegetation which would fall under the Agricultural use. Councilman Hanson stated he is recusing himself from discussion or voting on the project due to the fact he has a client that could create a conflict of interest and he didn’t want any appearance of favoritism. He did state that in his opinion the board passed a solar law with teeth to address the concerns of the neighbors, within reason. The question is, did Solar Liberty follow that law and address the concerns of the neighbors? Supervisor Robbins confirmed the Town Board will vote on Solar Liberty’s Special Use Permit application at the January 9th meeting.
Supervisor Robbins stated the town did not receive a bid for the repair or replacement of the rear steps at the Administration Building. CEO Swanson will ask Engineer Pete Radka if the design for the steps could be changed similar to the steps that are at the entrance of the holding center.
Supervisor Robbins stated the town received one bid for the repair/replacement of the HVAC ductwork on the southside of the Administration Building. He opened the bid from JMI which was in the amount of $9,750 including $7,350 for labor and $2,400 for material.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti Town Board accept the bid from JMI to repair or replace the HVAC ductwork on the southside of the Administration Building. The bid was in the amount of $9,750 including $7,350 for labor and $2,400 for material. The project will be paid for with ARPA funds pending confirmation from the ARPA consultant that the expenditure is allowed with ARPA funds. If it is not an ARPA approved expenditure, the funds would come from the General Fund.
Upon roll call vote, all aye, carried.
EcoStrategies sent an email to Supervisor Robbins, Attorney Seachrist, CEO Swanson, and Town Clerk Nygren on November 22nd stating that they will be out on the Vukote Canal on November 23rd from about 8am-12pm doing our field work for the retaining wall assessment project.
Andy Johnson, PE (Engineer), Pete Radka, PE (Engineer), TJ Bihler (Geologist), and Nathan Radka (Junior Engineer) will be the involved in the field work. They have two canoes onsite and plan to conduct most or all of the field work from the canal to avoid walking on private properties (as discussed at the Town meeting). Included in the email were some maps and drawings put together to guide our field work. These will be part of their deliverables later after we assess everything and mark them up during our field work.
Attorney Seachrist will contact Andy Johnson to see if they will need to access any private property along the canal. He will write a letter to the area residents if EcoStrategies will need to access private property to complete their study.
Supervisor Robbins noted the Planning Board will meet on December 8, 2022 to vote on moving forward with the Zoning Law draft.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti Town Board set a public hearing on January 23, 2023 at 7:00 p.m. on the Zoning Law draft, pending that recommendation from the Planning Board.
Upon roll call vote, all aye, carried.
Attorney Seachrist will have the final law to the Town Board no later than January 13, 2023.
Clerk Nygren spoke with the ARPA consultant regarding how the Busti Historical Society could spend the ARPA funds the town board recently approved donating to them. She was told the funds could be used for building improvements, improvements to vendor space, speakers, educational purposes, or a town picnic; the society should keep a record along with receipts of how the funds are spent. She will contact the Historical Society and pass on the information.
Supervisor Robbins reported Town Clerk Nygren received a letter of resignation from Planning Board member, Janet Briggs effective immediately (December 1, 2022). He stated Ms. Briggs has been on the Planning Board since Dale Robbins was Town Supervisor. He thanked Janet Briggs for her years of service. Also, Zoning Board of Appeals member, Scott Schang, has submitted a letter of resignation effective March 31, 2023. Supervisor Robbins thanks Mr. Schang for his years of service.
Discussion followed regarding combining the Planning Board and Zoning Board of Appeals. Attorney Seachrist stated he is not opposed to having a combined board. He would like to see the Planning Board used to actually do planning for the future development of the town. CEO Swanson asked if a Village of Lakewood resident could be appointed to the town’s Planning Board or Zoning Board of Appeals. Attorney Seachrist is going to research that question and get back to the board.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund and the Highway Fund, Abstract No. 12 from warrant #670 to and including warrant #727 in the amount of $220,664.57.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the November 7, 2022 Regular Meeting minutes; motion was seconded by Councilman Andrews.
All in favor, carried.
Councilman Andrews reported he attended a webinar on Short Term Rentals. He summarized what was presented:
Short Term Rentals should be addressed in the town’s Comprehensive Plan, if they are not the Comprehensive Plan should be modified which would require establishing a moratorium on the Short-Term Rentals until the Comprehensive Plan is modified. When developing regulations, the town should always regulate the use not the owner. Regulations should include limiting the number of cars on the premises, the length of stay, and define what a Short-Term Rental is. The presenters referred to the Town of Candise law. CEO Swanson noted he and Clerk Nygren attended a Dept of State seminar at JCC where these rentals were addressed and the laws from Ellicottville and Corning were referred to. Councilman Andrews noted it was recommended a town should not use a variance for Short-Term Rentals and to not allow the rentals transferable.
Councilman Hanson reported he is working on the scope of work to upgrade the electrical service at the Highway Garage. He noted the electric car chargers at the back of the Administration Building need to be removed because they need upgraded and he recommends they be moved to a different location due to the proximity of the chargers that are located at the Village of Lakewood. They can be registered so people can find the location online.
Councilman Gustafson reported he attended another Chautauqua County Rehabilitation and Protection meeting last week. It was a public hearing to discuss how to raise funds to support Chautauqua Lake Management. The discussion included lake frontage, lake rights, or watershed districts; they also discussed potential boat user fees.
There will be another public hearing in a month or so to continue the discussion of how to raise funds.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
Town Board
Town of Busti
WHEREAS, on October 25, 2022, Code Enforcement Officer Jeffrey Swanson served upon Lee R. Fischer and Sharon E. Fischer a Notice of Violations and Order to Remedy of the Town of Busti Code and the New York State Uniform Fire Prevention and Building Code on property owned by then on and near Chautauqua Boulevard and Fourth Avenue, and required that they cure the violations by November 31, 2022, and
WHEREAS, the Fischers have not remedied the violations, and
WHEREAS, the ongoing code violations on the Fischer properties prevent residents in the vicinity from peacefully and quietly enjoying their properties, and endanger, impair, and imperil the health, safety, and welfare of residents of the Town,
NOW, THEREFORE, BE IT RESOLVED that the Town Attorney is hereby authorized to commence an action against the Fischers in a court of competent jurisdiction seeking an injunction to enjoin the code violations on the Fischer property.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to enter Executive Session at 8:25 p.m. to discuss issues involving personnel and potential litigation. Motion was seconded by Councilman Brown.
All in favor, carried.
Supervisor Robbins moved to close the Executive Session at 9:17 p.m., motion was seconded by Councilman Hanson.
All in favor, carried.
Supervisor Robbins moved to adjourn the regular meeting at 9:18 p.m. which was duly moved by Councilman Brown.
All in favor, carried.
Respectfully Submitted, __________________________
Darlene H. Nygren, Town Clerk