Village of New Paltz, NY
Ulster County
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Table of Contents
Table of Contents
[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. 
Specific terms. When used in this Code, unless otherwise expressly stated or unless the context or subject matter otherwise requires:
AGRICULTURE USE
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]
APPLICATION
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]
ASSESSOR or VILLAGE ASSESSOR
The Assessor of the Village of New Paltz, New York.
BOARD OF APPEALS or ZONING BOARD OF APPEALS
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.
BOARD OF TRUSTEES, VILLAGE BOARD or BOARD
The Board of Trustees of the Village of New Paltz, New York.
BUILDING INSPECTOR
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.
CODE
Unless otherwise specifically qualified means the Village of New Paltz Municipal Code.
COUNTY
The County of Ulster in the State of New York.
COUNTY CLERK
The County Clerk of the County of Ulster in the State of New York.
FIRE CHIEF or CHIEF OF THE FIRE DEPARTMENT
The Fire Chief of the Village of New Paltz, New York.
FIRE PREVENTION CODE INSPECTOR
The official of the Village of New Paltz designated to enforce the State Fire Prevention Code.
HEALTH OFFICER
The official who serves as the Health Officer of the Village of New Paltz, New York.
INDUSTRIAL WASTES
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]
INJECTION WELL
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]
LAND APPLICATION FACILITY
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]
MAYOR
The Mayor of the Village of New Paltz, New York.
MUNICIPAL CODE
The Village of New Paltz Municipal Code.
NATURAL GAS
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]
NATURAL GAS AND OIL EXPLORATION
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]
NATURAL GAS AND OIL EXTRACTION
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]
NATURAL GAS AND OIL PRODUCTION BYPRODUCTS
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]
NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES
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]
NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES
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]
(1) 
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:
(a) 
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;
(b) 
Natural gas or petroleum drilling fluids;
(c) 
Natural gas or petroleum exploration, drilling, production or processing wastes;
(d) 
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);
(e) 
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;
(f) 
Soil contaminated in the drilling, transportation, processing or refining of natural gas or petroleum;
(g) 
Drill cuttings from natural gas or petroleum wells; or
(h) 
Any other wastes associated with the exploration, drilling, production or treatment of natural gas or petroleum.
(2) 
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).
(3) 
The definition of "natural gas and/or petroleum extraction, exploration or production wastes" does not include:
(a) 
Recognizable and nonrecognizable food wastes; or
(b) 
Waste generated by agriculture use.
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION WASTES DISPOSAL/STORAGE FACILITY
Any of the following:
[Added 2-13-2013 by L.L. No. 1-2013]
(1) 
Tanks of any construction (metal, fiberglass, concrete, etc.);
(2) 
Impoundments;
(3) 
Pits;
(4) 
Evaporation ponds; or
(5) 
Other facilities, in any case used for the storage or treatment of natural gas and/or petroleum extraction, exploration or production wastes that:
(a) 
Are being held for initial use;
(b) 
Have been used and are being held for subsequent reuse or recycling;
(c) 
Are being held for treatment; or
(d) 
Are being held for storage.
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION WASTES DUMP
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]
NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES
Any one or more of the following:
[Added 2-13-2013 by L.L. No. 1-2013]
(1) 
Natural gas compression facility;
(2) 
Natural gas processing facility;
(3) 
Natural gas and/or petroleum extraction, exploration or production wastes disposal/storage facility;
(4) 
Natural gas and/or petroleum extraction, exploration or production wastes dump;
(5) 
Land application facility;
(6) 
Underground injection; or
(7) 
Underground natural gas storage.
OWNER
A person who has the legal title, alone or with other, or exercised dominion or control over property both real and personal.
PERSON
One or more persons of either sex, natural person, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
PIPELINE
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]
POLICE CHIEF or CHIEF OF POLICE
The Police Chief of the Joint Police Department of the Town and Village of New Paltz, New York.
REGISTRAR OF VITAL STATISTICS
The Registrar of Vital Statistics of the Village of New Paltz, New York.
SEALER OF WEIGHTS AND MEASURES
The Sealer of Weights and Measures of the County of Ulster in the State of New York.
SOIL MINING
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]
STATE
The State of New York.
SUPERINTENDENT or SUPERINTENDENT OF PUBLIC WORKS
The Village official in charge of the Village Department of Public Works in the Village of New Paltz, New York.
TENANT
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.
TRUSTEE
A Trustee of the Village of New Paltz, New York.
UNDERGROUND INJECTION
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]
UNDERGROUND NATURAL GAS STORAGE
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]
VILLAGE, THIS VILLAGE or VILLAGE OF NEW PALTZ
The incorporated Village of New Paltz in the County of Ulster and State of New York.
VILLAGE ATTORNEY or ATTORNEY
The Village Attorney of the Village of New Paltz, New York.
VILLAGE BOARD
The Board of Trustees of the Village of New Paltz, New York.
VILLAGE CLERK or CLERK
The Village Clerk-Treasurer of the Village of New Paltz.
VILLAGE ENGINEER
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.
VILLAGE TREASURER
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. 1, Art. I
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. 9, Art. I
Ch. 7, Trees
  Art. I, Legislative Intent, and Art. II, Shade Tree Commission
  Art. III, Tree Regulations
Ch. 9, Art. II
Ch. 191
Ch. 8, Residence Requirements
Ch. 31, Art. I
Ch. 9, Meeting Attendance Requirements
Ch. 31, Art. II
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. 182, Art. I
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. 9, Art. III
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. 182, Art. II
Ch. 82, Nonprofit Realty Taxation
Ch. 182, Art. III
Ch. 83, Physically Disabled Realty Tax Exemption
Ch. 182, Art. IV
Ch. 84, Enforcement of Delinquent Taxes
Ch. 182, Art. V
Ch. 90, Appointment of a Police Commissioner
Ch. 39, Art. II
Ch. 91, Police Department Abolished
Ch. 39, Art. I
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.
The provisions of this local law are hereby made Article II of Chapter 1 of the Code of the Village of New Paltz, such local law to be entitled "General Provisions, Article II, Adoption of Renumbered 2004 Code," and the sections of this local law shall be numbered §§ 1-13 to 1-16, inclusive.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.