NO. 6 PAGE 1

FEBRUARY 24, 2005

WEB SITE http://macedontown.net

A Regular Meeting of the Town Board of the Town of Macedon held February 24, 2005 at the Town Offices, 32 Main Street, in the Village of Macedon, was called to order by Supervisor William H. Hammond at 7:30 p.m.

Pledge of Allegiance

Upon Roll Call, the following members of the Board were present:

Councilperson………………David Maul

Councilperson………………David McEwen

Councilperson………………Ken Nawrocki

Supervisor…..………………William Hammond

Absent: Councilperson………………Paul Kenyon

Also Present:

Town Attorney……………..Anthony Villani

Town Clerk………………....Judy Gravino

Town Engineer… ………….Scott Allen

 

Councilperson Kenyon entered at 7:45 p.m.

RESOLUTION NO. 63 (05) CLUSTER DEVELOPMENT ENHANCEMENT

PROJECT FEASIBILITY STUDY - GENESEE

TRANSPORTATION AGREEMENT

WHEREAS, the Town Comprehensive Plan has identified farmland and open space preservation as an important part of the quality of life in our Town; and

WHEREAS, the Town of Macedon wishes to incorporate cluster development appropriately; and

WHEREAS, Genesee Transportation Council has agreed to commit $16,000 toward the Cluster Development Enhancement Project feasibility study with the Towns of Walworth, Ontario and Macedon each contributing $1,000 and Wayne County contributing $1,000 of in-kind services; now, therefore, be it

RESOLVED, that the Supervisor, upon the recommendation of the Town Attorney, is authorized to sign the letter of agreement with the GTCS, Inc. for the Cluster Development Enhancement Project Feasibility Study UPWP #5375.

MOTION BY MAUL, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 64 (05) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of February 10, 2005 as presented.

MOTION BY MAUL, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON ABSTAIN, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 65 (05) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of February 15, 2005 as presented.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL ABSTAIN, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

NO. 6 PAGE 2

FEBRUARY 24, 2005

RESOLUTION NO. 66 (05) RESIGNATION - ASSESSING REVIEW BOARD

RESOLVED the Board regretfully accepts the resignation of Sue Regis from the Assessing Review Board.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

The Board thanked Sue Regis for the great job she did and wished her well with the family crisis she is currently dealing with.

RESOLUTION NO. 67 (05) ADVERTISE - ASSESSING REVIEW BOARD

RESOLVED the Board authorizes the Town Clerk to advertise for the Assessing Review Board.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

The Assessing Review Board appointed Tom Littlefield as Chairman of the Assessing Review Board.

RESOLUTION NO. 68 (05) HILTON AGRICULTURAL CONSERVATION

EASEMENT

RESOLVED the Town Board authorizes the Supervisor to request an extension from March 31, 2005 to March 31, 2006 for the Hilton Agricultural Conservation Easement, contract numbers C800541 and C800016.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

PROPOSED LOCAL LAWS 1-6

Local Law 1 - 2005 Alarm Systems - adds Chapter 41 by imposing fines

For false alarm violations

Local Law 2 - 2005 Solid Waste - amends Chapter 110 by adopting

Regulations regarding the closed Quaker Road Landfill site

And repealing outright prohibition of landfills

Local Law 3 - 2005 Schedule 2 - amends Chapter 135 by increasing

Minimum house size

Local Law 4 - 2005 ORM Zoning - amends Chapter 135 by allowing

Solid waste landfills with a special permit

Local Law 5 - 2005 Landfill Special Use Requirements - amends Chapter

135 Adds Special use section of Town Code to include

Requirements for solid waste landfills

Local Law 6 - 2005 AR-40 Accessory Uses - amends Chapter 135 by

Revising requirements for accessory uses

 

RESOLUTION NO. 69 (05) LOCAL LAW NO. 1 (05) SEQRA & NEG DEC

WHEREAS, the Macedon Town Board has proposed adoption of Local Law #1 of 2005;

AND WHEREAS, the Macedon Town Board did advertise for, and conduct a public hearing to solicit public input and comment on Local Law #1 of 2005 and any environmental impacts associated therewith, on January 13, 2005;

AND WHEREAS, Local Law #1 of 2005 was referred to both the Macedon Town Planning Board and Wayne County Planning Board for advisory reviews;

AND WHEREAS, the purpose of this local law is to enact a new chapter of Town Code relative to implementing a system of warnings and fines for false alarm calls due to automatic alarm systems, for the betterment of the citizens of Macedon;

NO. 6 PAGE 3

FEBRUARY 24, 2005

AND WHEREAS, the proposed law is compatible with the adopted Town of Macedon master plan.

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Macedon, does hereby find and resolve as follows:

  1. The proposed action is subject to the State Environmental Quality Review Act.

  2. The proposed action does not involve a Federal agency.

  3. The proposed action does not involve other agencies.

  4. Using the information available and comparing it with the thresholds set forth in section 6 NYCRR 617.4 and 617.5, the action is found to have a preliminary classification of Unlisted.

  5. As an Unlisted action, a short form EAF has been prepared by the Town Engineer to determine the significance of the proposed action.

  6. The proposed action is not located in a coastal area, as it is not specific to a particular site.

  7. The proposed action is not located in an agricultural district, as it is not specific to a particular site.

  8. A non-coordinated Review for Unlisted actions involving a single agency has been performed, subject to 617.6 (b)(1).

  9. The Macedon Town Board is the lead agent.

  10. The Macedon Town Board hereby determines that the proposed action is in conformance with the adopted town-wide Master Plan, and will not result in any significant adverse environmental impacts, a Negative Declaration is declared, and the Town Board hereby directs the Town Clerk to immediately file the determination in accordance with section 6 NYCRR 617.12.

  11. In reaching this finding, the Town Board has:

    12. (a) Considered the action as defined in sections 6 NYCRR 617.2 (b) and 617.3 (g),

    (b) Reviewed the EAF, the criteria contained in subdivision 6 NYCRR 617.7 (c) and any other supporting information to identify the relevant areas of environmental concern,

    (c) Thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and,

    (d) Set forth its determination of significance in this resolution, in addition to the corresponding long environmental assessment form.

  12. In determining significance, the Town Board has determined whether the proposed Unlisted Action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action compared against the criteria in 6 NYCRR 617. The criteria considered indicators of significant adverse impacts on the environment were:

    13. (a) A substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems;

    (b) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant wildlife habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to the natural resources;

    NO. 6 PAGE 4

    FEBRUARY 24, 2005

    (c) The impairment of the environmental characteristics of a critical environmental area as designated pursuant to section 617.14 (g);

    (d) The creation of a material conflict with a community’s current plans or goals as officially approved or adopted;

    (e) The impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;

    (f) A major change in the use of either the quantity or type of energy;

    (g) The creation of a hazard to human health;

    (h) A substantial change in the use or intensity of use, of land including agricultural, open space or recreational resources or in its capacity to support existing uses;

    (i) The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;

    (j) The creation of material demand for other actions that would result in one or the above consequences;

    (k) Changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or

    (l) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria of this subdivision.

  13. For the purposes of determining whether an action may cause one of the consequences listed above, the Town Board considered reasonably related long-term, short-term, direct, indirect, and cumulative impacts, including other simultaneous or subsequent actions, which were;

    1. Included in any long range plan of which the action under consideration is a part;

    2. Likely to be undertaken as a result thereof, or

    3. Dependent thereon.

  1. In addition, the Town Board considered the significance of a likely consequence (i.e., whether it is material, substantial, large or important) should be assessed in connection with:

    1. Its setting (e.g., urban or rural);

    2. Its probability of occurrence;

    3. Its duration;

    4. Its irreversibility;

    5. Its geographic scope;

    6. Its magnitude; and

    7. The number of people affected.

MOTION BY HAMMOND, SECONDED BY MC EWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

 

 

 

 

 

 

 

NO. 6 PAGE 5

FEBRUARY 24, 2005

RESOLUTION NO. 70 (05) LOCAL LAW 1 - 2005 AUTOMATIC ALARM

SYSTEMS - CHAPTER 41 OF THE CODE OF THE

TOWN OF MACEDON

WHEREAS, at a regular and duly noticed meeting of the Town Board, a proposed local law was introduced styled "Proposed Local Law No.1 of 2005", which, if adopted would impose fines for false alarm violations, and

WHEREAS, the proposed local law was submitted to the Wayne County Planning Board, and

WHEREAS, the Town Board did direct and cause to be duly and timely published and posted, a notice of public hearing upon the proposed local law to be held on January 13, 2005 at 8:00 p.m. at the Macedon Town Complex, and

WHEREAS, at the time and place duly noticed, the Town Board did convene a public hearing upon the proposed local law, and all those desiring to be heard were heard, and all comments duly considered, and

WHEREAS, based upon the information introduced at the public hearing and the report of the County Planning Board, it is determined that adoption of proposed Local Law No. 1 of 2005 is in the public interest and all necessary procedural requirements have been complied with,

NOW, THEREFORE, BE IT RESOLVED, that proposed Local Law No. 1 of 2005 is hereby adopted and that the Town Clerk be, and she hereby is, authorized and directed, to file said Local Law No. 1 of 2005 with the Secretary of State of the State of New York.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 71 (05) LOCAL LAW NO. 5 (05) SEQRA & NEG DEC

WHEREAS, the Macedon Town Board has proposed adoption of Local Law #5 of 2005;

AND WHEREAS, the Macedon Town Board did advertise for, and conduct a public hearing to solicit public input and comment on Local Law #5 of 2005 and any environmental impacts associated therewith, on January 13, 2005;

AND WHEREAS, Local Law #5 of 2005 was referred to both the Macedon Town Planning Board and Wayne County Planning Board for advisory reviews;

AND WHEREAS, the purpose of this local law is to enact Town Zoning Code Section 135-182.2, which sets forth the standards and provisions for reviewing a special use permit application for a solid waste landfill facility, the provisions of which ensure the betterment and protection of the citizens of Macedon;

AND WHEREAS, the proposed law is compatible with the adopted Town of Macedon master plan.

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Macedon, does hereby find and resolve as follows:

  1. The proposed action is subject to the State Environmental Quality Review Act.

  2. The proposed action does not involve a Federal agency.

  3. The proposed action does not involve other agencies.

  4. Using the information available and comparing it with the thresholds set forth in section 6 NYCRR 617.4, the action is found to have a preliminary classification of Type 1.

    5. NO. 6 PAGE 6

    FEBRUARY 24, 2005

  5. As a Type 1 action, Part 1 and 2 of the Long Form EAF, in addition to a narrative Part 3 attachment has been prepared by the Town Engineer to determine the significance of the proposed action.

  6. The proposed action is not located in a coastal area, as it is not specific to a particular site.

  7. The proposed action is not located in an agricultural district, as it is not specific to a particular site.

  8. A non-coordinated Review for Type 1 actions involving a single agency has been performed, subject to 617.6 (b)(1).

  9. The Macedon Town Board is the lead agent.

  10. The Macedon Town Board hereby determines that the proposed action is in conformance with the adopted town-wide Master Plan, and will not result in any significant adverse environmental impacts, a Negative Declaration is declared, and the Town Board hereby directs the Town Clerk to immediately file the determination in accordance with section 6 NYCRR 617.12.

  11. In reaching this finding, the Town Board has:

    12. (a) Considered the action as defined in sections 6 NYCRR 617.2 (b) and 617.3 (g),

    (b) Reviewed the EAF, the criteria contained in subdivision 6 NYCRR 617.7 (c) and any other supporting information to identify the relevant areas of environmental concern,

    (c) Thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and,

    (d) Set forth its determination of significance in this resolution, in addition to the corresponding long environmental assessment form.

  12. In determining significance, the Town Board has determined whether the proposed Type 1 Action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action compared against the criteria in 6 NYCRR 617. The criteria considered indicators of significant adverse impacts on the environment were:

    13. (a) A substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems;

    (b) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant wildlife habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to the natural resources;

    (c) The impairment of the environmental characteristics of a critical environmental area as designated pursuant to section 617.14 (g);

    (d) The creation of a material conflict with a community’s current plans or goals as officially approved or adopted;

    (e) The impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;

    (f) A major change in the use of either the quantity or type of energy;

    (g) The creation of a hazard to human health;

     

    NO. 6 PAGE 7

    FEBRUARY 24, 2005

    (h) A substantial change in the use or intensity of use, of land including agricultural, open space or recreational resources or in its capacity to support existing uses;

    (i) The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;

    (j) The creation of material demand for other actions that would result in one or the above consequences;

    (k) Changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or

    (l) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria of this subdivision.

  13. For the purposes of determining whether an action may cause one of the consequences listed above, the Town Board considered reasonably related long-term, short-term, direct, indirect, and cumulative impacts, including other simultaneous or subsequent actions, which were;

    1. Included in any long range plan of which the action under consideration is a part;

    2. Likely to be undertaken as a result thereof, or

    3. Dependent thereon.

  1. In addition, the Town Board considered the significance of a likely consequence (i.e., whether it is material, substantial, large or important) should be assessed in connection with:

    1. Its setting (e.g., urban or rural);

    2. Its probability of occurrence;

    3. Its duration;

    4. Its irreversibility;

    5. Its geographic scope;

    6. Its magnitude; and

    7. The number of people affected.

MOTION BY HAMMOND, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 72 (05) LOCAL LAW 5 - 2005 LANDFILL SPECIAL USE

REQUIREMENTS OF THE CODE OF THE TOWN

OF MACEDON

WHEREAS, at a regular and duly noticed meeting of the Town Board, a proposed local law was introduced styled "Proposed Local Law No.5 of 2005", which, if adopted would amend Chapter 135 and adds special use section of Town Code to include requirements for solid waste landfills, and

WHEREAS, the proposed local law was submitted to the Wayne County Planning Board, and

WHEREAS, the Town Board did direct and cause to be duly and timely published and posted, a notice of public hearing upon the proposed local law to be held on January 13, 2005 at 8:00 p.m. at the Macedon Town Complex, and

WHEREAS, at the time and place duly noticed, the Town Board did convene a public hearing upon the proposed local law, and all those desiring to be heard were heard, and all comments duly considered, and

 

 

NO. 6 PAGE 8

FEBRUARY 24, 2005

WHEREAS, based upon the information introduced at the public hearing and the report of the County Planning Board, it is determined that adoption of proposed Local Law No. 5 of 2005 is in the public interest and all necessary procedural requirements have been complied with,

NOW, THEREFORE, BE IT RESOLVED, that proposed Local Law No. 5 of 2005 is hereby adopted and that the Town Clerk be, and she hereby is, authorized and directed, to file said Local Law No. 5 of 2005 with the Secretary of State of the State of New York.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 73 (05) LOCAL LAW NO. 2 (05) SEQRA & NEG DEC

WHEREAS, the Macedon Town Board has proposed adoption of Local Law #2 of 2005;

AND WHEREAS, the Macedon Town Board did advertise for, and conduct a public hearing to solicit public input and comment on Local Law #2 of 2005 and any environmental impacts associated therewith, on January 13, 2005;

AND WHEREAS, Local Law #2 of 2005 was referred to both the Macedon Town Planning Board and Wayne County Planning Board for advisory reviews;

AND WHEREAS, the purpose of this local law is to update and revise the Solid Waste Ordinance, Chapter 110 of the Macedon Town Code, for the betterment and protection of the citizens of Macedon;

AND WHEREAS, the proposed law is compatible with the adopted Town of Macedon master plan.

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Macedon, does hereby find and resolve as follows:

  1. The proposed action is subject to the State Environmental Quality Review Act.

  2. The proposed action does not involve a Federal agency.

  3. The proposed action does not involve other agencies.

  4. Using the information available and comparing it with the thresholds set forth in section 6 NYCRR 617.4, the action is found to have a preliminary classification of Type 1.

  5. As a Type 1 action, Part 1 and 2 of the Long Form EAF, in addition to a narrative Part 3 attachment has been prepared by the Town Engineer to determine the significance of the proposed action.

  6. The proposed action is not located in a coastal area, as it is not specific to a particular site.

  7. The proposed action is not located in an agricultural district, as it is not specific to a particular site.

  8. A non-coordinated Review for Type 1 actions involving a single agency has been performed, subject to 617.6 (b)(1).

  9. The Macedon Town Board is the lead agent.

  10. The Macedon Town Board hereby determines that the proposed action is in conformance with the adopted town-wide Master Plan, and will not result in any significant adverse environmental impacts, a Negative Declaration is declared, and the Town Board hereby directs the Town Clerk to immediately file the determination in accordance with section 6 NYCRR 617.12.

    11. NO. 6 PAGE 9

    FEBRUARY 24, 2005

  11. In reaching this finding, the Town Board has:

    12. (a) Considered the action as defined in sections 6 NYCRR 617.2 (b) and 617.3 (g),

    (b) Reviewed the EAF, the criteria contained in subdivision 6 NYCRR 617.7 (c) and any other supporting information to identify the relevant areas of environmental concern,

    (c) Thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and,

    (d) Set forth its determination of significance in this resolution, in addition to the corresponding long environmental assessment form.

  12. In determining significance, the Town Board has determined whether the proposed Type 1 Action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action compared against the criteria in 6 NYCRR 617. The criteria considered indicators of significant adverse impacts on the environment were:

    13. (a) A substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems;

    (b) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant wildlife habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to the natural resources;

    (c) The impairment of the environmental characteristics of a critical environmental area as designated pursuant to section 617.14 (g);

    (d) The creation of a material conflict with a community’s current plans or goals as officially approved or adopted;

    (e) The impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;

    (f) A major change in the use of either the quantity or type of energy;

    (g) The creation of a hazard to human health;

    (h) A substantial change in the use or intensity of use, of land including agricultural, open space or recreational resources or in its capacity to support existing uses;

    (i) The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;

    (j) The creation of material demand for other actions that would result in one or the above consequences;

    (k) Changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or

    (l) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria of this subdivision.

  13. For the purposes of determining whether an action may cause one of the consequences listed above, the Town Board considered reasonably related long-term, short-term, direct, indirect, and cumulative impacts, including other simultaneous or subsequent actions, which were;

NO. 6 PAGE 10

FEBRUARY 24, 2005

    1. Included in any long range plan of which the action under consideration is a part;

    2. Likely to be undertaken as a result thereof, or

    3. Dependent thereon.

  1. In addition, the Town Board considered the significance of a likely consequence (i.e., whether it is material, substantial, large or important) should be assessed in connection with:

    1. Its setting (e.g., urban or rural);

    2. Its probability of occurrence;

    3. Its duration;

    4. Its irreversibility;

    5. Its geographic scope;

    6. Its magnitude; and

    7. The number of people affected.

MOTION BY KENYON, SECONDED BY MC EWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 74 (05) LOCAL LAW 2 - 2005 SOLID WASTE - CHAPTER

110 OF THE CODE OF THE TOWN OF MACEDON

WHEREAS, at a regular and duly noticed meeting of the Town Board, a proposed local law was introduced styled "Proposed Local Law No.2 of 2005", which, if adopted would amend Chapter 110 Solid Waste and declare the intent to regulate Solid Waste dumping and landfilling, and

WHEREAS, the proposed local law was submitted to the Wayne County Planning Board, and

WHEREAS, the Town Board did direct and cause to be duly and timely published and posted, a notice of public hearing upon the proposed local law to be held on January 13, 2005 at 8:00 p.m. at the Macedon Town Complex, and

WHEREAS, at the time and place duly noticed, the Town Board did convene a public hearing upon the proposed local law, and all those desiring to be heard were heard, and all comments duly considered, and

WHEREAS, based upon the information introduced at the public hearing and the report of the County Planning Board, it is determined that adoption of proposed Local Law No. 2 of 2005 is in the public interest and all necessary procedural requirements have been complied with,

NOW, THEREFORE, BE IT RESOLVED, that proposed Local Law No. 2 of 2005 is hereby adopted and that the Town Clerk be, and she hereby is, authorized and directed, to file said Local Law No. 2 of 2005 with the Secretary of State of the State of New York.

MOTION BY NAWROCKI, SECONDED BY MC EWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 75 (05) LOCAL LAW NO. 3 (05) SEQRA & NEG DEC

WHEREAS, the Macedon Town Board has proposed adoption of Local Law #3 of 2005;

AND WHEREAS, the Macedon Town Board did advertise for, and conduct a public hearing to solicit public input and comment on Local Law #3 of 2005 and any environmental impacts associated therewith, on January 13, 2005;

AND WHEREAS, Local Law #3 of 2005 was referred to both the Macedon Town Planning Board and Wayne County Planning Board for advisory reviews;

NO. 6 PAGE 11

FEBRUARY 24, 2005

AND WHEREAS, the purpose of this local law is to update and clarify the Chapter 135, Schedule II zoning requirements for minimum house sizes for new construction town-wide, for the betterment and protection of the citizens of Macedon;

AND WHEREAS, the proposed law is compatible with the adopted Town of Macedon master plan.

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Macedon, does hereby find and resolve as follows:

  1. The proposed action is subject to the State Environmental Quality Review Act.

  2. The proposed action does not involve a Federal agency.

  3. The proposed action does not involve other agencies.

  4. Using the information available and comparing it with the thresholds set forth in section 6 NYCRR 617.4, the action is found to have a preliminary classification of Type 1.

  5. As a Type 1 action, Part 1 and 2 of the Long Form EAF, in addition to a narrative Part 3 attachment has been prepared by the Town Engineer to determine the significance of the proposed action.

  6. The proposed action is not located in a coastal area, as it is not specific to a particular site.

  7. The proposed action is not located in an agricultural district, as it is not specific to a particular site.

  8. A non-coordinated Review for Type 1 actions involving a single agency has been performed, subject to 617.6 (b)(1).

  9. The Macedon Town Board is the lead agent.

  10. The Macedon Town Board hereby determines that the proposed action is in conformance with the adopted town-wide Master Plan, and will not result in any significant adverse environmental impacts, a Negative Declaration is declared, and the Town Board hereby directs the Town Clerk to immediately file the determination in accordance with section 6 NYCRR 617.12.

  11. In reaching this finding, the Town Board has:

    12. (a) Considered the action as defined in sections 6 NYCRR 617.2 (b) and 617.3 (g),

    (b) Reviewed the EAF, the criteria contained in subdivision 6 NYCRR 617.7 (c) and any other supporting information to identify the relevant areas of environmental concern,

    (c) Thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and,

    (d) Set forth its determination of significance in this resolution, in addition to the corresponding long environmental assessment form.

  12. In determining significance, the Town Board has determined whether the proposed Type 1 Action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action compared against the criteria in 6 NYCRR 617. The criteria considered indicators of significant adverse impacts on the environment were:

    13. (a) A substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems;

     

    NO. 6 PAGE 12

    FEBRUARY 24, 2005

    (b) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant wildlife habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to the natural resources;

    (c) The impairment of the environmental characteristics of a critical environmental area as designated pursuant to section 617.14 (g);

    (d) The creation of a material conflict with a community’s current plans or goals as officially approved or adopted;

    (e) The impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;

    (f) A major change in the use of either the quantity or type of energy;

    (g) The creation of a hazard to human health;

    (h) A substantial change in the use or intensity of use, of land including agricultural, open space or recreational resources or in its capacity to support existing uses;

    (i) The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;

    (j) The creation of material demand for other actions that would result in one or the above consequences;

    (k) Changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or

    (l) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria of this subdivision.

  13. For the purposes of determining whether an action may cause one of the consequences listed above, the Town Board considered reasonably related long-term, short-term, direct, indirect, and cumulative impacts, including other simultaneous or subsequent actions, which were;

    1. Included in any long range plan of which the action under consideration is a part;

    2. Likely to be undertaken as a result thereof, or

    3. Dependent thereon.

  1. In addition, the Town Board considered the significance of a likely consequence (i.e., whether it is material, substantial, large or important) should be assessed in connection with:

(a) Its setting (e.g., urban or rural);

    1. Its probability of occurrence;

    2. Its duration;

    3. Its irreversibility;

    4. Its geographic scope;

    5. Its magnitude; and

    6. The number of people affected.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

 

NO. 6 PAGE 13

FEBRUARY 24, 2005

RESOLUTION NO. 76 (05) LOCAL LAW 3 - 2005 AMENDING CHAPTER 135

SCHEDULE II OF THE CODE OF THE TOWN OF

MACEDON

WHEREAS, at a regular and duly noticed meeting of the Town Board, a proposed local law was introduced styled "Proposed Local Law No.3 of 2005", which, if adopted would amend Chapter 135 Schedule II Minimum Floor Area, and

WHEREAS, the proposed local law was submitted to the Wayne County Planning Board, and

WHEREAS, the Town Board did direct and cause to be duly and timely published and posted, a notice of public hearing upon the proposed local law to be held on January 13, 2005 at 8:00 p.m. at the Macedon Town Complex, and

WHEREAS, at the time and place duly noticed, the Town Board did convene a public hearing upon the proposed local law, and all those desiring to be heard were heard, and all comments duly considered, and

WHEREAS, based upon the information introduced at the public hearing and the report of the County Planning Board, it is determined that adoption of proposed Local Law No. 3 of 2005 is in the public interest and all necessary procedural requirements have been complied with,

NOW, THEREFORE, BE IT RESOLVED, that proposed Local Law No. 3 of 2005 is hereby adopted and that the Town Clerk be, and she hereby is, authorized and directed, to file said Local Law No. 3 of 2005 with the Secretary of State of the State of New York.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 77 (05) LOCAL LAW NO. 4 (05) SEQRA & NEG DEC

WHEREAS, the Macedon Town Board has proposed adoption of Local Law #4 of 2005;

AND WHEREAS, the Macedon Town Board did advertise for, and conduct a public hearing to solicit public input and comment on Local Law #4 of 2005 and any environmental impacts associated therewith, on January 13, 2005;

AND WHEREAS, Local Law #4 of 2005 was referred to both the Macedon Town Planning Board and Wayne County Planning Board for advisory reviews;

AND WHEREAS, the purpose of this local law is to update the allowed special uses and other provisions within the ORM – Office, Research and Manufacturing zoning section of Macedon Town Code Chapter 135, for the betterment and protection of the citizens of Macedon;

AND WHEREAS, the proposed law is compatible with the adopted Town of Macedon master plan.

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Macedon, does hereby find and resolve as follows:

  1. The proposed action is subject to the State Environmental Quality Review Act.

  2. The proposed action does not involve a Federal agency.

  3. The proposed action does not involve other agencies.

  4. Using the information available and comparing it with the thresholds set forth in section 6 NYCRR 617.4, the action is found to have a preliminary classification of Type 1.

    5. NO. 6 PAGE 14

    FEBRUARY 24, 2005

  5. As a Type 1 action, Part 1 and 2 of the Long Form EAF, in addition to a narrative Part 3 attachment has been prepared by the Town Engineer to determine the significance of the proposed action.

  6. The proposed action is not located in a coastal area, as it is not specific to a particular site.

  7. The proposed action is not located in an agricultural district, as it is not specific to a particular site.

  8. A non-coordinated Review for Type 1 actions involving a single agency has been performed, subject to 617.6 (b)(1).

  9. The Macedon Town Board is the lead agent.

  10. The Macedon Town Board hereby determines that the proposed action is in conformance with the adopted town-wide Master Plan, and will not result in any significant adverse environmental impacts, a Negative Declaration is declared, and the Town Board hereby directs the Town Clerk to immediately file the determination in accordance with section 6 NYCRR 617.12.

  11. In reaching this finding, the Town Board has:

    12. (a) Considered the action as defined in sections 6 NYCRR 617.2 (b) and 617.3 (g),

    (b) Reviewed the EAF, the criteria contained in subdivision 6 NYCRR 617.7 (c) and any other supporting information to identify the relevant areas of environmental concern,

    (c) Thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and,

    (d) Set forth its determination of significance in this resolution, in addition to the corresponding long environmental assessment form.

  12. In determining significance, the Town Board has determined whether the proposed Type 1 Action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action compared against the criteria in 6 NYCRR 617. The criteria considered indicators of significant adverse impacts on the environment were:

    13. (a) A substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems;

    (b) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant wildlife habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to the natural resources;

    (c) The impairment of the environmental characteristics of a critical environmental area as designated pursuant to section 617.14 (g);

    (d) The creation of a material conflict with a community’s current plans or goals as officially approved or adopted;

    (e) The impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;

    (f) A major change in the use of either the quantity or type of energy;

    (g) The creation of a hazard to human health;

     

    NO. 6 PAGE 15

    FEBRUARY 24, 2005

    (h) A substantial change in the use or intensity of use, of land including agricultural, open space or recreational resources or in its capacity to support existing uses;

    (i) The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;

    (j) The creation of material demand for other actions that would result in one or the above consequences;

    (k) Changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or

    (l) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria of this subdivision.

  13. For the purposes of determining whether an action may cause one of the consequences listed above, the Town Board considered reasonably related long-term, short-term, direct, indirect, and cumulative impacts, including other simultaneous or subsequent actions, which were;

    1. Included in any long range plan of which the action under consideration is a part;

    2. Likely to be undertaken as a result thereof, or

    3. Dependent thereon.

  1. In addition, the Town Board considered the significance of a likely consequence (i.e., whether it is material, substantial, large or important) should be assessed in connection with:

    1. Its setting (e.g., urban or rural);

    2. Its probability of occurrence;

    3. Its duration;

    4. Its irreversibility;

    5. Its geographic scope;

    6. Its magnitude; and

    7. The number of people affected.

MOTION BY MAUL, SECONDED BY MC EWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 78 (05) LOCAL LAW 4 - 2005 ORM ZONING CHAPTER

135 OF THE CODE OF THE TOWN OF MACEDON

WHEREAS, at a regular and duly noticed meeting of the Town Board, a proposed local law was introduced styled "Proposed Local Law No.4 of 2005", which, if adopted would amend 135-93 Special Uses and 135-94 Other Provisions and Requirements, and

WHEREAS, the proposed local law was submitted to the Wayne County Planning Board, and

WHEREAS, the Town Board did direct and cause to be duly and timely published and posted, a notice of public hearing upon the proposed local law to be held on January 13, 2005 at 8:00 p.m. at the Macedon Town Complex, and

WHEREAS, at the time and place duly noticed, the Town Board did convene a public hearing upon the proposed local law, and all those desiring to be heard were heard, and all comments duly considered, and

 

 

 

NO. 6 PAGE 16

FEBRUARY 24, 2005

WHEREAS, based upon the information introduced at the public hearing and the report of the County Planning Board, it is determined that adoption of proposed Local Law No. 4 of 2005 is in the public interest and all necessary procedural requirements have been complied with,

NOW, THEREFORE, BE IT RESOLVED, that proposed Local Law No. 4 of 2005 is hereby adopted and that the Town Clerk be, and she hereby is, authorized and directed, to file said Local Law No. 4 of 2005 with the Secretary of State of the State of New York.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 79 (05) LOCAL LAW NO. 6 (05) SEQRA & NEG DEC

WHEREAS, the Macedon Town Board has proposed adoption of Local Law #6 of 2005;

AND WHEREAS, the Macedon Town Board did advertise for, and conduct a public hearing to solicit public input and comment on Local Law #6 of 2005 and any environmental impacts associated therewith, on January 13, 2005;

AND WHEREAS, Local Law #6 of 2005 was referred to both the Macedon Town Planning Board and Wayne County Planning Board for advisory reviews;

AND WHEREAS, the purpose of this local law is to update the permitted accessory uses within the AR-40 zoning section of Macedon Town Code Chapter 135, for the betterment and protection of the citizens of Macedon;

AND WHEREAS, the proposed law is compatible with the adopted Town of Macedon master plan.

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Macedon, does hereby find and resolve as follows:

  1. The proposed action is subject to the State Environmental Quality Review Act.

  2. The proposed action does not involve a Federal agency.

  3. The proposed action does not involve other agencies.

  4. Using the information available and comparing it with the thresholds set forth in section 6 NYCRR 617.4, the action is found to have a preliminary classification of Type 1.

  5. As a Type 1 action, Part 1 and 2 of the Long Form EAF, in addition to a narrative Part 3 attachment has been prepared by the Town Engineer to determine the significance of the proposed action.

  6. The proposed action is not located in a coastal area, as it is not specific to a particular site.

  7. The proposed action is not located in an agricultural district, as it is not specific to a particular site.

  8. A non-coordinated Review for Type 1 actions involving a single agency has been performed, subject to 617.6 (b)(1).

  9. The Macedon Town Board is the lead agent.

  10. The Macedon Town Board hereby determines that the proposed action is in conformance with the adopted town-wide Master Plan, and will not result in any significant adverse environmental impacts, a Negative Declaration is declared, and the Town Board hereby directs the Town Clerk to immediately file the determination in accordance with section 6 NYCRR 617.12.

    11. NO. 6 PAGE 17

    FEBRUARY 24, 2005

  11. In reaching this finding, the Town Board has:

    12. (a) Considered the action as defined in sections 6 NYCRR 617.2 (b) and 617.3 (g),

    (b) Reviewed the EAF, the criteria contained in subdivision 6 NYCRR 617.7 (c) and any other supporting information to identify the relevant areas of environmental concern,

    (c) Thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and,

    (d) Set forth its determination of significance in this resolution, in addition to the corresponding long environmental assessment form.

  12. In determining significance, the Town Board has determined whether the proposed Type 1 Action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action compared against the criteria in 6 NYCRR 617. The criteria considered indicators of significant adverse impacts on the environment were:

    13. (a) A substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems;

    (b) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant wildlife habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to the natural resources;

    (c) The impairment of the environmental characteristics of a critical environmental area as designated pursuant to section 617.14 (g);

    (d) The creation of a material conflict with a community’s current plans or goals as officially approved or adopted;

    (e) The impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;

    (f) A major change in the use of either the quantity or type of energy;

    (g) The creation of a hazard to human health;

    (h) A substantial change in the use or intensity of use, of land including agricultural, open space or recreational resources or in its capacity to support existing uses;

    (i) The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;

    (j) The creation of material demand for other actions that would result in one or the above consequences;

    (k) Changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or

    (l) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria of this subdivision.

  13. For the purposes of determining whether an action may cause one of the consequences listed above, the Town Board considered reasonably related long-term, short-term, direct, indirect, and cumulative impacts, including other simultaneous or subsequent actions, which were;

NO. 6 PAGE 18

FEBRUARY 24, 2005

    1. Included in any long range plan of which the action under consideration is a part;

    2. Likely to be undertaken as a result thereof, or

    3. Dependent thereon.

  1. In addition, the Town Board considered the significance of a likely consequence (i.e., whether it is material, substantial, large or important) should be assessed in connection with:

    1. Its setting (e.g., urban or rural);

    2. Its probability of occurrence;

    3. Its duration;

    4. Its irreversibility;

    5. Its geographic scope;

    6. Its magnitude; and

    7. The number of people affected.

MOTION BY NAWROCKI, SECONDED BY MC EWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 80 (05) LOCAL LAW 6 - 2005 AMENDING CHAPTER 135-

61 PERMITTED ACCESSORY USES OF THE

CODE OF THE TOWN OF MACEDON

WHEREAS, at a regular and duly noticed meeting of the Town Board, a proposed local law was introduced styled "Proposed Local Law No.6 of 2005", which, if adopted would amend Chapter 135 by revising requirements for AR-40 Accessory Uses, and

WHEREAS, the proposed local law was submitted to the Wayne County Planning Board, and

WHEREAS, the Town Board did direct and cause to be duly and timely published and posted, a notice of public hearing upon the proposed local law to be held on January 13, 2005 at 8:00 p.m. at the Macedon Town Complex, and

WHEREAS, at the time and place duly noticed, the Town Board did convene a public hearing upon the proposed local law, and all those desiring to be heard were heard, and all comments duly considered, and

WHEREAS, based upon the information introduced at the public hearing and the report of the County Planning Board, it is determined that adoption of proposed Local Law No. 6 of 2005 is in the public interest and all necessary procedural requirements have been complied with,

NOW, THEREFORE, BE IT RESOLVED, that proposed Local Law No. 6 of 2005 is hereby adopted and that the Town Clerk be, and she hereby is, authorized and directed, to file said Local Law No. 6 of 2005 with the Secretary of State of the State of New York.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 81 (05) FEE SCHEDULE AMENDED

RESOLVED the Town Board approves the Fee Schedule as amended dated February 24, 2005, effective February 25, 2005.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

 

NO. 6 PAGE 19

FEBRUARY 24, 2005

TOWN OF MACEDON

2005 FEE SCHEDULE

1.) Plans Submitted to the Planning Board for Approval:

A.) Residential Submissions - Site Plan / Subdivision Approval

1.) Planning Board Application Fee

Sketch Plan $25 + $5/lot or unit

Preliminary/Final $50 + $10/lot or unit

2.) Engineering Review Fee

Sketch Plan $60 + $5/lot or unit

Preliminary/Final

1-10 lots $150/lot or unit

11-100 lots $1,500 + 40/lot or unit, ea. lot over 10

100+ lots $5,100 + 20/lot or unit, ea. lot over 100

At the recommendation of the Town Engineer and authorization of the Town

Board, outside professional engineering, planning and/or legal services may be

contracted to assist the Town in its review of the Application. The project

Applicant shall be responsible for reimbursement of all fees relative to the

Application submitted.

3.) Percolation Test Witnessing

Single Lot $125/lot

Multiple Lots $100/lot

4.) Public Hearing Sign Fee $25

B.) Commercial / Industrial Submissions - Site Plan / Subdivision Approval

1.) Planning Board Application Fee

Sketch Plan $50

Preliminary/Final $100 (min.) + $0.01/s.f.

2.) Engineering Review Fee

Sketch Plan $60 (min.) + $0.01/s.f.

Preliminary/Final

0-500 s.f. $180 (min.)

501-1000 s.f. $360

1,001 -10,000 s.f. $360 + $0.10 / s.f., ea. s.f. over 1K

10,000-100,000 s.f. $1,260 + $0.04/s.f., ea s.f. over 10K

100,000 s.f.+ $4,860 + $0.02/s.f., ea s.f. over 100K

At the recommendation of the Town Engineer and authorization of the Town

Board, outside professional engineering, planning and/or legal services may be

contracted to assist the Town in its review of the Application. The project

applicant shall be responsible for reimbursement of all fees relative to the

application submitted.

3.) Percolation Test Witnessing

Single Lot $125/lot

Multiple Lots $100/lot

4.) Public Hearing Sign Fee $25

C.) Mixed Use Planned Developments - Site Plan / Subdivision Approval

1.) Planning Board Application Fee

Sketch Plan $75 + $5/lot or unit residential

Preliminary/Final $150 + $10/lot or unit residential +$0.01/s.f. commercial/industrial

2.) Engineering Review Fee

Sketch Plan $120 + $5/lot or unit residential + $0.01/s.f. commercial/industrial

Preliminary/Final

Fee calculated by adding Preliminary/Final review fees

from Residential and Commercial/Industrial Engineering schedules

NO. 6 PAGE 20

FEBRUARY 24, 2005

At the recommendation of the Town Engineer and authorization of the Town

Board, outside professional engineering, planning and/or legal services may be

contracted to assist the Town in its review of the Application. The project applicant shall be responsible for reimbursement of all fees relative to the application submitted.

3.) Public Hearing Sign Fee $25

D.) Realty Subdivision Submissions (no site plan development)

1.) Planning Board Application Fee $75

2.) Public Hearing Sign Fee $25

    1. All other applications to the Planning Board, including; Home Occupation, Sign Permit, Fill Permit, Grading Permit, Pond Permit, Kennels and Veterinary Clinics, Rooming Houses, Windmills, Stables and Riding Academies, Residential Conversions, Tourist Bed and Breakfasts and Public Markets.

1.) Planning Board Application Fee $75
    1. Engineer Review Fee (only for applications as listed below)

      2. Fill Permit 500 c.y. and greater $25

      Grading Permit

      Pond Permit

    2. Public Hearing Sign Fee

(if required by Planning Board) $25
  1. Letters of Credit or other financial surety acceptable to the Town shall be filed for

developments approved with facilities subject to dedication to the Town. See Public Works

Requirements.

3.) Signs – Each Permit $25

4.) Appeals Board Applications -

Residential $50

Commercial & Industrial $75

Public Hearing Sign Fee $25

Request of Interpretation/Appeal of a

Decision by the Zoning Officer $100

5.) Zoning Change - Application $500

Plus legal fees and advertisement, includes requests for amendments to zoning an/or non-

conforming uses and expansions thereto. Modification costs to the Zoning Map will be the

responsibility of the applicant.

Engineering Review Fee $180

Public Hearing Sign Fee $25

At the recommendation of the Town Engineer and authorization of the Town Board, outside

professional engineering, planning and/or legal services may be contracted to assist the Town

in its review of the application. The project applicant shall be responsible for reimbursement of

all fees relative to the application submitted.

6.) Zoning Violation Fee $250

Plus court costs and legal fees

  1. Special Use Permit

Application Fee $20/Year

Permit Fee As Applicable – Minimum $100

8.) Temporary Use Permit – Application $20

- Permit $100

9.) Certificate Of Compliance /Certificate of Occupancy $25

Fee

NO. 6 PAGE 21

FEBRUARY 24, 2005

10.) One/Two Family Building Permit/C of O

$0.10/s.f. ($200 min)

Multiple Dwellings Building Permit / C of O $20 / unit + $0.10 / s.f.

At the recommendation of the Town Engineer and authorization of the Town Board, outside

professional code review services may be contracted to assist the Town in its review of the

Building Permit Plans. The project Applicant shall be responsible for reimbursement of all

fees relative to the application submitted.

  1. Escrow Deposits – A builder surety for each permit to ensure proper final cleanup, grading, landscaping, seeding, driveway work in public right-of-way, or other special work, payable to the Town Clerk with each building permit fee (Refundable)

Residential – new single family / duplex $500

Residential - single family / duplex additions

and alteration $100

(sheds and fences exempt – 10/8/95)

Commercial / Industrial / Multifamily:

New construction / additions 1% of construction cost

$500 min / $20,000 max

Non-structural renovations $100

12.) Recreation Fee

Per Living Unit, including singles, doubles, apartments, townhouses and condominiums, including residential conversions - $600

NYSDOH Independent Living, Shared Housing, Proprietary Home,

Enriched Living and Age Restricted

Senior Apartment Housing - $350 / living unit

Nursing Homes / facilities with non-mobile

residents - No Fee

13.) Sewer Connect Charge – Gananda $400

- Macedon $1,000 Min.

per unit or actual cost,

whichever is greater

Sewer Permit Fee – Macedon $10

Inspection Fee – Gananda $50

  1. Formation or extensions of improvement districts (e.g. water & sewer district

    2. extensions, lighting district/extension).

    The applicant shall pay the actual cost of review by the town attorney and town Engineer and such other costs incurred by the town for the formation or extension of improvement districts.

  2. Permits for NEW and ADDITIONS to existing Commercial and Industrial calculated on square footage of usable floor area. $0.10 per square foot ($200 min)

Permits for non-structural renovations to existing commercial and industrial buildings

$75

At the recommendation of the Town Engineer and authorization of the Town Board, outside professional code review services may be contracted to assist the Town in its review of the Building Permit Plans. The project Applicant shall be responsible for reimbursement of all fees relative to the application submitted.

16.) Erection of structures devoted sole to religious purposes

$0.10/s.f. ($100 min)

17.) Additions / Renovations to Existing Residences $50 (min.) + 0.05/s.f.

Includes finishing basements/bonus rooms, renovations involving structural work / wiring

(Not included: paint, drywall, minor repairs, siding)

  1. Accessory Buildings and Structures,

including storage sheds $25

19.) All Swimming Pools / Hot Tubs $30

NO. 6 PAGE 22

FEBRUARY 24, 2005
  1. Residential Satellite Dishes Larger Than 2’ diameter,

    2. And Residential Use Antenna $25

     

  2. Building Permit Renewal - Subject to Plan Review under Current Building Codes

$25 (minimum)

22.) Decks, Breezeway, Roof, Patio, and Carports $45

23.) Cellars Installed Under Existing Houses $250

  1. Conversions of Any Structure to Increase

Residential Units $200/unit

25.) Campground – Application $20

- Permit $150

26.) Commercial Recreation – Application $20

- Permit $100

  1. Conservation Fees, Games of Chance, Marriage, Death, Bingo, Burial Certificate

Fees Shall Be Set By NYS.

28.) Fence Permit $25

29.) Fireplaces, Solid Fuel Heating Devices, Chimney and Flue Permits $30

30.) Fuel Storage Tank Installation $30

31.) Garage Attached or Detached $60

32.) Greenhouses – Commercial $40

- Residential $10

  1. Fill Permit

For materials meeting NYSDEC exemptions for C&D Landfill, per 6 NYCRR § 360-7.1 (b)

Up to 100 cubic yards $40

101 - 500 cubic yards $75

501- 9,999 cubic yards $150

10,000 cubic yards and greater $250

Escrow Fee (up to 100 cy) $100

Escrow Fee (over 100 cy) $100/acre surface area, $200

Minimum

(Time duration of permit to be set by Planning Board)

34.) Mobile Home Parks $1/Unit/Yr.

With Minimum Fee of $50/Yr.

35.) Mobile Home Replacements $50

36.) Temporary Mobile Units For Office Space $10

37.) Moving Buildings Via Public Highway $50

(Plus Surety Accepted By Town Board Relieving Town of Liability)

38.) Commercial Excavation (Mining)

Application $20/Yr.

Permit Fee $150/Year (less than 1000 tons)

$300/Year (over 1000 tons)

Town Engineer Review Fee $150/Year

39.) Peddler’s/Solicitor’s Permit $200 Annual

40.) Pole Barns $60

  1. Site Development Grading Permit

Less than 5 acres/Less than 100 cubic yards $75

Over 5 acres/More than 100 cubic yards $150

42.) Returned Check Fee $15

NO. 6 PAGE 23

FEBRUARY 24, 2005

43.) Re-Call Inspections Per Visit

Residential $65

Commercial/Industrial $85

44.) Removal of Com/Ind Stop Work Order $100

45.) Remove Residential Stop Work Order $50

46.) Private Airstrip – Application $20

- Permit $100

47.) Repealed 7/8/04

48.) Utilities Highway Permit At Cost

49.) Code of the Town of Macedon (Complete) $150

50.) Zoning Ordinance $20

51.) Land Use & Subdivision Requirements $20

52.) Town Map $1.25

53.) Utility Map Copies $2

54.) Wayne County Map $1.50

55.) Town of Macedon Zoning Map $5

56.) Duplication Fee $.25/Page

57.) Flood Ordinance (Excerpted From Ordinance) $5

58.) Sign Ordinance (Excerpted From Ordinance) $2.50

59.) Dumping Ordinance $1

60.) Electrical Ordinance $1

61.) Fee Schedule $2.50

62.) Board of Appeals & Planning Regulations $2.50

63.) Local Dog License Fee $2.50

64.) Home Occupation Permit Fee $25

(For All Permits Requiring Annual Renewal)

65.) Computerized Mailing Labels $175

Adopted 8/25/94 – Resolution 276 (94)

  1. Bullis Park Pavilion Fee

Pavilion Fee – Upper Pavilion $30

Lower Pavilion $25

Business/Clubs/Organizations $75

*Macedon taxpayers are exempt with proof of residency

at time of reservation.

*Local Macedon not-for-profit groups are exempt

(The Board reserves the right to waive these fees under

special circumstances)

Concession Stand - $30 non-refundable deposit at time of reservation

$10 per hour for concession stand manager (deposit

credited toward cost)

67.) Pond Permit $40

68.) Windmill Permit $75

69.) Demolition Permit $25

NO. 6 PAGE 24

FEBRUARY 24, 2005

70.) Cellular and Wireless Communication Tower Fees:

New Tower – Special Use Permit

Town Board Application Fee $3,000

Town Engineer Review Fee $1,000

Public Hearing Sign Fee $25

At the Town Board’s discretion, outside professional engineering, planning, and/or legal services may be contracted to assist the Town in its review of the application. The project Applicant shall be responsible for reimbursement of all fees relative to the application submitted.

Annual Special Use Permit Application Fee

(per tower) $20

Annual Special Use Permit Renewal Fee

(per tower) $350

Building Permit Fees (includes all inspections and C of O)

At time of the extension)

Antenna

(up to same height)

Accessory structures only

(generators, utility buildings, fencing)

 

 

71.) Foundation Permits Fee shall be charged as the complete

fee for construction of the entire

structure, per the current fee schedule.

  1. Solid Waste Landfill Facility Fees:

New Application – Special Use Permit

Special Use Permit Application Fee $500/Acre of gross parcel size (non-refundable)

Initial Engineering / Legal Escrow $30,000 (non-refundable)

Public Hearing Sign Fee $25 per public hearing held by Town Board

5-Year Renewal Application $1,000 / every 5 years after initial approval

5-year Special Use Permit Fee $5,000 / at initial approval and every 5 years

thereafter

Operational Impact Fees Based on negotiated Host Community Agreement

*Engineering and Legal Escrow to provide initial funds to cover costs of Town’s engineering and legal review of any application. At the recommendation of the Town Engineer and/or Town Attorney, and the authorization of the Town Board, outside engineering and legal services may be contracted to assist the Town in its review of the application. The project applicant shall be responsible for reimbursement of all fees relative to the application submitted.

AMENDMENT: This fee schedule may be amended from time to time as necessary upon resolution of the Town Board.

SEVERABILITY: If any clause, sentence, phrase, paragraph or part of this fee schedule shall be adjudged by a court of competent jurisdiction to be invalid, such judgement shall not affect, impair or invalidate the remainder of this fee schedule but shall be confined in its operation to the clause, sentence, phase, paragraph or part thereof directly involved in the controversy or action in which such judgement shall have been rendered.

 

 

 

 

 

 

 

 

NO. 6 PAGE 25

FEBRUARY 24, 2005

Adopted and Effective Date: February 8, 1990

Amended: January 9, 1992

Amended: March 20, 1994, Effective April 1, 1994

Amended: January 2, 1996, Effective January 3, 1996

Amended: March 28, 1996, Effective March 28, 1996

Amended: January 2, 1997, Effective January 3, 1997

Amended: January 5, 1998, Effective January 8, 1998

Amended: March 12, 1998, Effective March 12, 1998

Amended: January 4, 1999, Effective January 4, 1999

Amended: January 3, 2000, Effective January 3, 2000

Amended: January 13, 2000, Effective January 13, 2000

Amended: March 23, 2000, Effective March 23, 2000

Amended: January 4, 2001, Retro-active to January 1, 2001

Amended: January 3, 2002, Effective January 4, 2002

Amended: February 14, 2002, Effective February 15, 2002

Amended: January 2, 2003, Effective January 3, 2003

Amended: July 8, 2004, Effective July 9, 2004

Amended: July 22, 2004 Effective July 23, 2004

Amended: February 24, 2005, Effective February 25, 2005

The date provided for the hearing of complaints by the Board of Assessment Review of the Town of Macedon is proposed to change from the fourth Tuesday in May to the first Thursday next following the fourth Tuesday in May. The purpose of the proposed local law is to provide for a different meeting date for the board of assessment review due to the employment of an assessor in the Town of Macedon who is at the same time employed by another assessing unit.

RESOLUTION NO. 82 (05) LOCAL LAW NO. 7 (05) GRIEVANCE DAY

CHANGE - PUBLIC HEARING SCHEDULED

RESOLVED the Board schedules a Public Hearing on March 10, 2005 at 8:00 p.m. to change grievance day and authorizes the Town Clerk to advertise the local law.

MOTION BY NAWROCKI, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 83 (05) JUDGE TEMPORARY ASSIGNMENT

RESOLVED the Macedon Town Board supports the request for the Temporary Assignment of Judges dated January 28, 2005 and the Supervisor is authorized to sign said agreement.

MOTION BY HAMMOND, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 84 (05) COMPUTER IT SERVICES BUDGET

ADJUSTMENT

RESOLVED the following budget adjustment be approved.

Dr. Cr.

A 0960 Appropriations $2,000.00

A 1990.400 Contingent Account $2,000.00

A 0960 Appropriations $2,000.00

A1620.401 Computer - IT Services $2,000.00

MOTION BY MAUL, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

 

 

 

 

 

NO. 6 PAGE 26

FEBRUARY 24, 2005

RESOLUTION NO. 85 (05) COMPUTER IT SERVICES - NICK DEMING

WHEREAS in the past, Councilmen Maul and Nawrocki have been donating their time in service of the technical demands of the town personnel and equipment, and,

WHEREAS, at times such demands do exceed the available time, or require servicing more quickly than is possible,

BE IT RESOLVED that the Town Board contracts with Nick Deming for the purposes of providing Information Technology Services for the Town of Macedon at the contracted rate of $25.00/hour, to be paid by voucher from account A1620.401 not to exceed $2,000 for the year 2005 and

BE IT FURTHER RESOLVED that Mr. Deming will provide estimates for all tasks to either the Town Supervisor or designated Town Board member, and receive pre-approval from same prior to executing the work, and

BE IT FURTHER RESOLVED that this appointment shall take place immediately.

MOTION BY MAUL, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 86 (05) POLICE HOUSING LEASE WITH TOOMEY

ENTERPRISES, LLC

RESOLVED the Supervisor is authorized to sign the Police housing lease with Toomey Enterprises, LLC one executed by Mr. Toomey.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

The GIS proposals have been received. Supervisor Hammond, Town Engineer Allen and Marty Aman from the WCWSA will interview all applicants.

Councilperson Nawrocki thanked Richard Roets for replacing the lights in the parking lot.

CORRESPONDENCE - The Supervisor presented the following:

  1. Ora Rothfuss has requested an estimate to perform an update on the Geldorf farm and an appraisal on the Kobey-Drouin property.
  2. The U.S. Department of Justice commended Sgt. John Colella for his investigation work involving narcotics.
  3. Assemblyman Robert Oaks will be holding a Town Meeting in Macedon on February 26, 2005 at the Macedon Town Hall at 12:30 p.m.
  4. The Chamber is sponsoring a Monte Carlo Theme Night on March 5, 2005 at Parkwood Heights. The doors open at 6:30 p.m. and the auction will begin at 9:30 p.m. The proceeds will benefit the Chamber's Dollars for Scholars Fund for Gananda and Pal-Mac School Districts.
  5. A list of concerns dated February 19, 2005 from Sandra Korhumel and Jason Cole regarding the proposed Wal-Mart.
  6. A letter dated January 27, 2005 from Chuck Jefferson supporting the landfill law changes and a list of concerns.

MOTION BY HAMMOND, SECONDED BY NAWROCKI THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 10:12 PM.

 

_______________________________

Judy W. Gravino, RMC

Town Clerk