[HISTORY: Adopted by the Board of Trustees
of the Village of New Paltz as indicated in article histories. Amendments
noted where applicable.
[Adopted by L.L. No. 2-1978 (Ch. 1 of the
1978 Code)]
This codification of enactments whether formerly
ordinances or local laws or new enactments are and are intended to
be a complete compilation of all ordinances and local laws of a general
nature formerly effective in the Village of New Paltz, in the County
of Ulster and State of New York and are and shall be the "Village
of New Paltz Municipal Code" and is hereby enacted as a local law
pursuant to the authority contained in Subdivision 3 of § 20
of the Municipal Home Rule Law.
A.
AGRICULTURE USE
APPLICATION
ASSESSOR or VILLAGE ASSESSOR
BOARD OF APPEALS or ZONING BOARD OF APPEALS
BOARD OF TRUSTEES, VILLAGE BOARD or BOARD
BUILDING INSPECTOR
CODE
COUNTY
COUNTY CLERK
FIRE CHIEF or CHIEF OF THE FIRE DEPARTMENT
FIRE PREVENTION CODE INSPECTOR
HEALTH OFFICER
INDUSTRIAL WASTES
INJECTION WELL
LAND APPLICATION FACILITY
MAYOR
MUNICIPAL CODE
NATURAL GAS
NATURAL GAS AND OIL EXPLORATION
NATURAL GAS AND OIL EXTRACTION
NATURAL GAS AND OIL PRODUCTION BYPRODUCTS
NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES
NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
(3)
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES DISPOSAL/STORAGE FACILITY
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES DUMP
NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES
(1)
(2)
(3)
(4)
(5)
(6)
(7)
OWNER
PERSON
PIPELINE
POLICE CHIEF or CHIEF OF POLICE
REGISTRAR OF VITAL STATISTICS
SEALER OF WEIGHTS AND MEASURES
SOIL MINING
STATE
SUPERINTENDENT or SUPERINTENDENT OF PUBLIC WORKS
TENANT
TRUSTEE
UNDERGROUND INJECTION
UNDERGROUND NATURAL GAS STORAGE
VILLAGE, THIS VILLAGE or VILLAGE OF NEW PALTZ
VILLAGE ATTORNEY or ATTORNEY
VILLAGE BOARD
VILLAGE CLERK or CLERK
VILLAGE ENGINEER
VILLAGE TREASURER
Specific terms. When used in this Code, unless otherwise
expressly stated or unless the context or subject matter otherwise
requires:
Land used for the production of crops and/or livestock and
livestock products (as those terms are defined at Section § 301
of the New York State Agriculture and Markets Law).
[Added 2-13-2013 by L.L. No. 1-2013]
In the context of natural gas and oil exploration, extraction,
or production byproducts, the physical act of placing natural gas
and oil production byproducts on one or more Village roads or one
or more pieces of Village property. Each physical act shall be deemed
a separate violation. Each time a person stops the placement of natural
gas and oil production byproducts for any reason, including but not
limited to stopping a vehicle used in the placement or reloading or
replacing any material or equipment and then resuming placement shall
be deemed a separate application.
[Added 11-28-2012 by L.L. No. 14-2012]
The Assessor of the Village of New Paltz, New York.
The Board of Appeals of the Village of New Paltz, New York appointed in accordance with the provision of Chapter 212 of this Code and § 7-712 of the Village Law.
The Board of Trustees of the Village of New Paltz, New York.
The Building Inspector of the Village of New Paltz, New York
appointed by the Mayor, subject to the approval of the Board of Trustees
to enforce zoning, housing, building and unsafe building regulations
within the Village of New Paltz.
Unless otherwise specifically qualified means the Village
of New Paltz Municipal Code.
The County of Ulster in the State of New York.
The County Clerk of the County of Ulster in the State of
New York.
The Fire Chief of the Village of New Paltz, New York.
The official of the Village of New Paltz designated to enforce
the State Fire Prevention Code.
The official who serves as the Health Officer of the Village
of New Paltz, New York.
Any discarded matter, including any liquid, gaseous or solid
substance, or combination thereof, resulting from any industrial user,
excluding natural gas and oil production byproducts.
[Added 11-28-2012 by L.L. No. 13-2012]
A bored, drilled or driven shaft whose depth is greater than
the largest surface dimension, or a dug hole whose depth is greater
than the largest surface dimension, through which fluids (which may
or may not include semisolids) are injected into the subsurface and
less than 90% of such fluids return to the surface within a period
of 90 days.
[Added 2-13-2013 by L.L. No. 1-2013]
A site where any natural gas and/or petroleum extraction,
exploration or production wastes are applied to the soil surface or
injected into the upper layers of the soil.
[Added 2-13-2013 by L.L. No. 1-2013]
The Mayor of the Village of New Paltz, New York.
The Village of New Paltz Municipal Code.
Methane and any gaseous substance, either combustible or
noncombustible, which is produced in a natural state from the earth
and which maintains a gaseous or rarefied state at standard temperature
and pressure conditions, and/or gaseous components or vapors occurring
in or derived from petroleum or other hydrocarbons.
[Added 2-13-2013 by L.L. No. 1-2013]
The use of land for geological or geophysical activities
related to the search for natural gas, oil or other subsurface hydrocarbons,
including prospecting, geophysical and geologic seismic surveying
and sampling techniques, which include but are not limited to core
or rotary drilling or making an excavation in the search and evaluation
of natural gas, oil or other subsurface hydrocarbon deposits.
[Added 11-28-2012 by L.L. No. 13-2012; 11-28-2012 by L.L. No.
14-2012]
The use of land for the purpose of extracting, developing
and producing natural gas, oil or other subsurface hydrocarbons from
subsurface deposits. Natural gas and oil extraction includes storage
or construction staging yards associated with an oil or gas extraction
operation, and gas pipelines, water lines and other gathering systems
and components, including but not limited to drip stations, vent stations,
injection stations and valve boxes associated with a natural gas or
oil extraction operation.
[Added 11-28-2012 by L.L. No. 13-2012; 11-28-2012 by L.L. No.
14-2012]
Any refuse, sludge or other waste materials, whether or not
recycled or reused or intended to be recycled or reused, including
solid, liquid, semisolid, or contained gaseous material that results
from, is associated with or produced as a byproduct of natural gas
and oil exploration or extraction, including, without limitation,
production brine, produced waters, flowback, flowback fluids or hydraulic
fracturing fluids.
[Added 11-28-2012 by L.L. No. 13-2012; 11-28-2012 by L.L. No.
14-2012; 2-13-2013 by L.L. No. 1-2013]
Geologic or geophysical activities related to the search
for natural gas, petroleum or other subsurface hydrocarbons, including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, but only to the extent that such activities involve or
employ core, rotary, or any other type of drilling or otherwise make
any penetration or excavation of any land or water surface in the
search for and evaluation of natural gas, petroleum, or other subsurface
hydrocarbon deposits.
[Added 2-13-2013 by L.L. No. 1-2013]
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum, or other subsurface
hydrocarbons, including without limitation any and all forms of shale
fracturing.
[Added 2-13-2013 by L.L. No. 1-2013]
[Added 2-13-2013 by L.L. No. 1-2013]
Any of the following in any form, and whether or not such items
have been excepted or exempted from the coverage of any federal or
state environmental protection laws, or have been excepted from any
statutory or regulatory definition(s) of "industrial waste," "hazardous,"
or "toxic," and whether or not such substances are generally characterized
as waste:
Below-regulatory-concern radioactive material, or any radioactive
material which is not below regulatory concern, but which is in fact
not being regulated by the regulatory agency otherwise having jurisdiction
over such material in the Village, whether naturally occurring or
otherwise, and in any case relating to, arising in connection with,
or produced by or incidental to the exploration for, the extraction
or production of, or the processing, treatment, or transportation
of, natural gas, petroleum, or any related hydrocarbons;
Natural gas or petroleum drilling fluids;
Natural gas or petroleum exploration, drilling, production or
processing wastes;
Natural gas or petroleum drilling treatment wastes (such as
oils, frac fluids, produced water, brine, flowback, sediment and/or
any other liquid or semiliquid material);
Any chemical, waste oil, waste-emulsified oil, mud, or sediment
that was used or produced in the drilling, development, transportation,
processing or refining of natural gas or petroleum;
Soil contaminated in the drilling, transportation, processing
or refining of natural gas or petroleum;
Drill cuttings from natural gas or petroleum wells; or
Any other wastes associated with the exploration, drilling,
production or treatment of natural gas or petroleum.
This definition specifically intends to include some wastes
that may otherwise be classified as "solid wastes which are not hazardous
wastes" under 40 C.F.R. § 261.4(b).
Any of the following:
[Added 2-13-2013 by L.L. No. 1-2013]
Land upon which natural gas and/or petroleum extraction,
exploration or production wastes, or their residue or constituents
before or after treatment, are deposited, disposed, discharged, injected,
placed, buried or discarded, without any intention of further use.
[Added 2-13-2013 by L.L. No. 1-2013]
Any one or more of the following:
[Added 2-13-2013 by L.L. No. 1-2013]
Natural gas compression facility;
Natural gas processing facility;
Natural gas and/or petroleum extraction, exploration or production
wastes disposal/storage facility;
Natural gas and/or petroleum extraction, exploration or production
wastes dump;
Land application facility;
Underground injection; or
Underground natural gas storage.
A person who has the legal title, alone or with other, or
exercised dominion or control over property both real and personal.
One or more persons of either sex, natural person, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities capable of being sued.
All parts of those physical facilities through which petroleum,
gas, hazardous liquids, or chemicals move in transportation (including
pipes, valves and other equipment and appurtenances attached to pipes
and other equipment such as drip stations, vent stations, pigging
facilities, valve boxes, transfer pump stations, measuring and regulating
equipment, yard and station piping, and cathodic protection equipment),
whether or not laid in public or private easement or private right-of-way
within the Village. This includes, without limitation, gathering lines,
production lines, and transmission lines. Notwithstanding the foregoing
definition, those pipelines that are exempt or otherwise excluded
from regulation under federal and state laws regarding pipeline construction
standards or reporting, requirements, and specifically production
lines and gathering lines, are not subject to regulation by this Code.
[Added 2-13-2013 by L.L. No. 1-2013]
The Police Chief of the Joint Police Department of the Town
and Village of New Paltz, New York.
The Registrar of Vital Statistics of the Village of New Paltz,
New York.
The Sealer of Weights and Measures of the County of Ulster
in the State of New York.
The use of land for the purpose of extracting and selling
stone, sand, gravel or other minerals, and not including natural gas
or oil exploration and extraction.
[Added 2-13-2013 by L.L. No. 1-2013]
The State of New York.
The Village official in charge of the Village Department
of Public Works in the Village of New Paltz, New York.
A person occupying real property under an oral or written
lease or who is in possession of real property under the actual or
tacit consent of the owner. Whenever a person, not the owner, occupies
real property, it shall be presumed that he occupies same as a tenant.
A Trustee of the Village of New Paltz, New York.
Subsurface emplacement of natural gas and/or petroleum extraction,
exploration or production wastes, including emplacement by or into
an injection well.
[Added 2-13-2013 by L.L. No. 1-2013]
Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location for the primary purpose of load balancing the production
of natural gas. Includes compression and dehydration facilities, and
pipelines.
[Added 2-13-2013 by L.L. No. 1-2013]
The incorporated Village of New Paltz in the County of Ulster
and State of New York.
The Village Attorney of the Village of New Paltz, New York.
The Board of Trustees of the Village of New Paltz, New York.
The Village Clerk-Treasurer of the Village of New Paltz.
The engineer or engineering firm retained by the Village
of New Paltz, New York, to serve in the capacity of engineer or consulting
engineer to the Village of New Paltz, New York.
The Village Clerk-Treasurer of the Village of New Paltz,
New York.
B.
Other words. All other words used in this Code and
not otherwise specifically defined shall be construed in the matter
that they are normally used unless the context or subject matter requires
otherwise; but words that have acquired a technical meaning in law
and are so used shall be construed and understood in accordance with
such meaning.
A.
Words used in present tense include the future tense.
B.
The singular number includes the plural.
C.
A word importing the masculine gender only shall also
be construed to include females, corporations, partnerships, associations,
joint-stock companies, societies, and all other entities capable of
being sued.
All ordinances and local laws of a general nature
which were heretofore in existence in the Village of New Paltz, New
York before the adoption of this Code are hereby repealed. The repeal
of all prior ordinances and local laws shall not affect any punishment
or penalty incurred, nor shall it have any effect on existing litigation
and it shall not operate as an abatement of any action or proceeding
now pending or which may be brought by virtue of the ordinance or
local law or part thereof so repealed for any violation or act committed
prior to the effective date of the repeal unless specifically abated.
A.
The repeal of a chapter, in whole or in part, contained
in this Code shall not revive prior ordinances or local laws heretofore
repealed.
B.
The repeal of any chapter, in whole or in part, contained
in this Code shall not affect any punishment or penalty incurred,
nor shall it have any effect on existing litigation and it shall not
operate as an abatement of any action or proceeding pending or which
may be brought by virtue of the chapter or part thereof so repealed
for any violation or act committed prior to the effective date of
the repeal unless specifically abated.
If any provision of this Municipal Code or the
application thereof to any person or circumstances shall be adjudged
invalid by a court of competent jurisdiction, such order or judgment
shall be confined in its operation to the controversy in which it
was rendered, and shall not affect or invalidate the remainder of
any provision of any section, article or chapter or the application
of any part thereof to any other person or circumstances and to this
end the provisions of this Municipal Code are hereby declared to be
severable.
It shall be unlawful for any person to wilfully
misrepresent the provisions of this Code by altering or changing any
of the provisions herein, inserting or deleting pages, or by other
manner whatsoever.
Any material contained in brackets shall not
be deemed to be a part of this Code. Such material contained therein
is intended to show the adoption date, effective date and comments
on any changes. Likewise, any commentaries, footnotes, cross references,
citations of authority or other annotations shall not be deemed a
part of this Code but are inserted editorially solely to assist in
the use and interpretation of this Code.
Whenever the requirements of any chapter or
portion thereof are at variance with the requirements of any other
lawfully adopted rule, regulation, chapter or other enactment, the
most restrictive, or that imposing the higher standards, shall govern
unless a contrary intent is expressly stated.
A.
Where
no specific penalty is prescribed in any chapter contained in this
Code, or in any other provision of law, for any act which is prohibited
or for the failure to do any act which is required and is made or
declared to be unlawful, the violation thereof shall constitute a
violation pursuant to the Penal Law. The fine or penalty for such
offense, regardless of classification as a violation, misdemeanor
or felony, shall be imposed based on the fee schedule then in effect,
which shall be adopted on an annual basis by resolution of the Village
Board of Trustees.
[Amended 10-22-2014 by L.L. No. 13-2014]
B.
In all cases the Board of Trustees may enforce obedience
of any provision of this Code by injunction.
A.
Whenever any officer of the Village is granted certain
powers or duties or is designated as the enforcement officer of a
specific chapter or portion thereof, it shall be construed to include
the deputies, assistants and representatives of such officer as may
be designated, delegated or authorized by such officer to exercise
such powers or duties.
B.
While acting within the scope of their employment,
it shall be presumed that all acts performed by such deputies, assistants
and representatives were duly delegated and authorized.
The provisions of this Code shall be liberally
construed in order to effectuate the purposes for which this Code
and the ordinances contained herein are enacted.
[Adopted 1-5-2005 by L.L. No. 2-2005]
The local laws and legislation of the Village of New Paltz of a general and permanent nature, including the 1978 Code adopted by the Board of Trustees of the Village of New Paltz, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp. as set forth in the Derivation Table below, and as renumbered to consist of Chapters 1 through 212, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Village of New Paltz," hereafter known and referred to as the "Code."
|
Chapter/Title From 1978 Code
|
Location in 2004 Code
|
|---|---|
|
Ch. 1, General Provisions
| |
|
Ch. 2, Continuity of Government
|
Ch. 16
|
|
Ch. 3, Salaries of Mayor and Trustees
|
Ch. 46
|
|
Ch. 4, Terms of Office of Elected Officials
|
Ch. 50
|
|
Ch. 5, Village Employee Benefits
|
Ch. 35
|
|
Ch. 6, Commission for Conservation of the Environment
| |
|
Ch. 7, Trees
Art. III, Tree Regulations
|
Ch. 191
|
|
Ch. 8, Residence Requirements
| |
|
Ch. 9, Meeting Attendance Requirements
| |
|
Ch. 10, Code of Ethics
|
Ch. 24
|
|
Ch. 12, Bingo
|
Ch. 79
|
|
Ch. 14, Games of Chance
|
Ch. 120
|
|
Ch. 15, Blasting and Explosives
|
Ch. 82
|
|
Ch. 17, Peddlers and Solicitors
|
Ch. 155
|
|
Ch. 20, Garbage and Rubbish Collection
|
Ch. 171
|
|
Ch. 25, Utility Tax
| |
|
Ch. 26, Building Code Enforcement
|
Ch. 86
|
|
Ch. 27, Housing Code
|
Ch. 129
|
|
Ch. 28, Fire Prevention
|
Ch. 113
|
|
Ch. 29, Municipal Code Enforcement
|
Ch. 95
|
|
Ch. 30, Zoning
|
Ch. 212
|
|
Ch. 31, Subdivision Regulations
|
Ch. 178
|
|
Ch. 32, Environmental Quality Review
|
Ch. 105
|
|
Ch. 33, Unsafe Buildings
|
Ch. 90
|
|
Ch. 34, Commission for Historic Preservation
| |
|
Ch. 43, Juvenile Curfew
|
Ch. 98
|
|
Ch. 44, Streets and Public Places
|
Ch. 175
|
|
Ch. 45, Water Service
§§ 45.1 - 45.5; 45.7
- 45.20 § 45.6
|
Ch. 207
Art. I, Water Service Rules
Art. II, Cross-Connection Control Regulations
|
|
Ch. 46, Sanitary Sewers
|
Ch. 163
|
|
Ch. 52, Abandoned Motor Vehicles
|
Ch. 195
|
|
Ch. 54, Animals and Fowl
|
Ch. 70
|
|
Ch. 59, Air Pollution
|
Ch. 60
|
|
Ch. 60, Vehicles and Traffic
|
Ch. 198
|
|
Ch. 65, Public Safety
Art. I, Firearms
Art. II, Fireworks Permits
Art. III, Processions, Assemblages
or Parades
Art. IV, Peace and Good Order
§ 65.41, Destruction
of Village property
§ 65.42, Destruction
of traffic and safety equipment
§ 65.43, Throwing
stones or other missiles
§ 65.44, Open
beverage containers
Art. V, Shopping Carts
Art. VI, Loitering
Art. VI, Penalties
|
Ch. 110
Ch. 116
Ch. 74
Ch. 152
Ch. 152
Ch. 152
Ch. 66
Ch. 166
Ch. 138
Chs. 74; 110; 116; 138; 152; 166
|
|
Ch. 66, Anti-Littering
|
Ch.135
|
|
Ch. 68, Noise
|
Ch. 143
|
|
Ch. 69, False Alarms
|
Ch. 63
|
|
Ch. 73, Grass, Rubbish and Trash
|
Ch. 124
|
|
Ch. 81, Aged Tax Exemption
| |
|
Ch. 82, Nonprofit Realty Taxation
| |
|
Ch. 83, Physically Disabled Realty Tax Exemption
| |
|
Ch. 84, Enforcement of Delinquent Taxes
| |
|
Ch. 90, Appointment of a Police Commissioner
| |
|
Ch. 91, Police Department Abolished
| |
|
Ch. 92, Abolition of Assessment Function
|
Ch. 5
|
|
Ch. 93, Claims Against the Village
|
Ch. 146
|
|
Ch. 100, Enactment of Zoning Laws
|
Ch. 55
|
In compiling and preparing the legislation and
1978 Code for publication as the 2004 Code of the Village of New Paltz,
no changes in the meaning or intent of such ordinances have been made.
Certain grammatical changes and other minor nonsubstantive changes
were made in one or more of said pieces of legislation. It is the
intention of the Board of Trustees that all such changes be adopted
as part of the Code as if the ordinances had been previously formally
amended to read as such.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
