Town Board agenda packet — July 15, 2026 (full text)
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Page 1
AUTHORIZING SUBMISSION OF AN APPLICATION TO THE NEW YORK STATE
DEPARTMENT OF STATE SMART GROWTH COMMUNITY PLANNING AND
ZONING GRANT PROGRAM
WHEREAS, the New York State Department of State has announced the availability of funding through
the Smart Growth Community Planning and Zoning Grant Program to assist municipalities in updating
local planning and zoning documents to advance Smart Growth principles; and
WHEREAS, the Town of Orchard Park has recently adopted a Comprehensive Plan and completed the
Highmark Stadium Area Study, both of which identify the need for a comprehensive update of the Town's
Zoning Code to better support sustainable development, economic growth, housing opportunities,
environmental stewardship, and implementation of the Town's long-term planning goals; and
WHEREAS, the proposed project consists of a comprehensive update to the Town's Zoning Code, with an
estimated total project cost of $200,000, for which the Town intends to request $150,000 in grant funding
from the New York State Department of State; and
WHEREAS, the Town proposes to provide a local contribution of 25 percent of the total project cost,
primarily through in-kind services provided by the Building Department, Planning Department, and
Engineering Department, including staff time dedicated to project coordination, technical review, public
engagement, and implementation; and
WHEREAS, should the value of in-kind services not fully satisfy the proposed local contribution, the Town
Board commits to providing the balance of the required local share from available Planning Budget
Reserve Funds; and
WHEREAS, the Town desires to retain J. O'Connell & Associates to assist with grant application
preparation and, if awarded, grant administration and compliance.
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Orchard Park hereby authorizes the submission of an
application to the New York State Department of State Smart Growth Community Planning and Zoning
Grant Program for funding in the amount of $150,000 for the comprehensive update of the Town's Zoning
Code; and be it further
RESOLVED, that the Town Board hereby commits to providing the required local share through eligible
in-kind services, with any remaining local contribution to be provided from Planning Budget Reserve
Funds; and be it further
RESOLVED, that the Town Supervisor is hereby authorized and directed to execute all documents,
certifications, contracts, and agreements necessary to submit the application and, if awarded, to accept and
administer the grant on behalf of the Town; and be it further
RESOLVED, that J. O'Connell & Associates is authorized to prepare and submit the grant application
and to provide grant administration services, including reporting and reimbursement requests, should
funding be awarded.
Page 2
WHEREAS, the Orchard Park Senior Activity Council has offered to fund the repairs to the felt on the
billiards tables in the billiards room at the Senior Center; and
WHEREAS, the Senior Center Director and Community Activity Center Coordinator recommend
accepting the donation of $2,550.00 for this work to be completed;
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby accept the $2,550.00 donation from the Senior Activity
Council of Orchard Park for the billiards table repairs in the Senior Center billiards room.
Page 3
WHEREAS, the Chief of Police has recommended the promotion of Alex P. Vranic from the position of
Police Officer to the position of Lieutenant; and
WHEREAS, the appointment is to be made from the certified eligible list established by the Erie County
Department of Personnel in accordance with the New York State Civil Service Law.
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board does hereby promote Police Officer Alex P. Vranic to the Position of
Patrol Lieutenant, (probationary) effective July 18, 2026, with a rate of pay as defined in the Collective
Bargaining Agreement as recommended by the Chief of Police.
Page 4
WHEREAS, the Orchard Park Highway Department has an open Deputy Highway Superintendent
position; and
WHEREAS, there are funds in the 2026 budget for a Deputy Highway Superintendent position; and
WHEREAS, Andrew Slotman, Orchard Park Highway Superintendent, has determined that Trevor
Crawford is ready and able to serve as a Deputy Highway Superintendent in the Orchard Park Highway
Department; and
WHEREAS, there will be an interim period of 120 calendar day after the date of the promotion.
NOW, THEREFORE be it
RESOLVED, that based on the recommendation of Andrew Slotman, Orchard Park Highway
Superintendent, Trevor Crawford is promoted to Deputy Highway Superintendent in the Orchard Park
Highway Department at a rate of $41.28 per hour, effective July 20, 2026.
Page 5
WHEREAS, the Orchard Park Special Districts Department has an open Assistant Crew Chief position;
and .
WHEREAS, there are funds in the 2026 budget for an Assistant Crew Chief position; and
WHEREAS, Andrew Slotman, Orchard Park Highway Superintendent, has determined that Mike Gries is
ready and able to serve as an Assistant Crew Chief in the Orchard Park Special Districts Department.
NOW, THEREFORE be it
RESOLVED, that based on the recommendation of Andrew Slotman, Orchard Park Highway
Superintendent, Mike Gries is promoted to an Assistant Crew Chief in the Orchard Park Special Districts
Department at Job Level 4 Step 2 of the Blue Collar Contract at a rate of $30.32 per hour effective July
20, 2026.
Page 6
WHEREAS, the Orchard Park Highway Department has an open laborer position; and
WHEREAS, there are funds in the 2026 budget to fund a laborer position; and
WHEREAS, Andrew Slotman, Orchard Park Highway Superintendent, has determined that Andrew
Enterline is ready and able to serve as a laborer in the Orchard Park Highway Department.
NOW, THEREFORE be it
RESOLVED, that based on the recommendation of Andrew Slotman, Orchard Park Highway
Superintendent, Andrew Enterline is appointed as a laborer in the Orchard Park Highway Department as a
Blue Collar Laborer at Step 1 of the Blue Collar Contract at a rate of $27.06 per hour effective July 20,
2026.
Page 7
WHEREAS, the Comprehensive Plan Committee has worked with our consultant LaBella to produce a draft
Comprehensive Plan and a copy is available for review on our website and in the Town Clerk’s Office,
WHEREAS, the Town Board desires to hold a public hearing to afford interested persons an opportunity to
be heard concerning said proposed Comprehensive Plan.
NOW, THEREFORE be it
RESOLVED, that a public hearing shall be held by the Town Board of the Town of Orchard Park on the
19th day of August, 2026, at 7:00 P .M., at, 4295 S. Buffalo Street, Orchard Park, New York, on the question
of the adoption of the proposed Comprehensive Plan; and be it further
RESOLVED, that the Town Clerk shall post copies of this resolution, on the Town website and on the
bulletin board maintained by the Town Clerk pursuant to Town Law, for a period of not less than five (5)
days prior to said public hearing; and be it further
RESOLVED, that the Town Clerk is hereby authorized and directed to publish a notice of said public hearing
in the official newspaper of the Town not less than five (5) days prior to the date thereof; and be it further
RESOLVED, that the Town Board intends to seek Lead Agency Status pursuant to this Type 1 SEQR action
and LaBella is directed to notify involved agencies of this intent.
Page 8
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the Town Board of the Town of Orchard Park will hold a public
hearing on August 19, 2026, at 7 P.M., at 4295 S. Buffalo Street, Orchard Park, New York, concerning
proposed Comprehensive Plan. Copies of the proposed Comprehensive Plan will be available for
viewing at the Town Clerk’s Office and on the Town’s website at OrchardParkNY.Gov
All interested persons will be given an opportunity to be heard.
William C. Even
Town Clerk 7/10/2026
Page 9
Re: Webster Road 3 Sublot Subdivision; Rear Yard Drainage
PIP #2026-02
WHEREAS, the Engineering Department has received, from Andrew Romanowski, Maple Grove
Holdings, LLC, 4747 Camp Road, Hamburg, New York 14075, an application for a Public Improvement
Permit to construct rear yard drainage for the Webster Road 3 Sublot Subdivision; and
WHEREAS, the project consists of the installation of 392 L.F. of public rear yard drainage to serve 3
residential sublots' location; and
WHEREAS, the Engineering Depatment has reviewed the plans for the proposed project and have
found them to be in compliance with current Town Specifications and Standards. We are in receipt
of all necessary fees, bond, and insurances. _
NOW, THEREFORE be it
RESOLVED, that the Town Board does hereby approve of the amended Public Improvement Permit
#2026-02 for the rear yard drainage for the Webster Road 3 Sublot Subdivision as recommended by
the Town Engineer.
Page 10
ENGINEERING DEPARTMENT
S$ 4295 South Buffalo Street Orchard Park, New York 14127-2609
Phone: (716) 662-6425 TOWN ENGINEER
Email: [email protected] WAYNE L. BIELER, PE., CFM
July 10, 2026
Honorable Town Board
Town of Orchard Park
4295 South Buffalo Street
Orchard Park, New York 14127
Re: Webster Road 3 Sublot Subdivision; Rear Yard Drainage
PIP #2026-02
Dear Board Members:
We have received, from Andrew Romanowski, Maple Grove Holdings, LLC, 4747 Camp
Road, Hamburg, New York 14075, an application for a Public Improvement Permit to
construct rear yard drainage for the Webster Road 3 Sublot Subdivision.
The project consists of the installation of 392 L.F. of public rear yard drainage to serve 3
residential sublots’ location as shown on the attached location map.
| have reviewed the plans for the proposed project and have found them to be in
compliance with current Town Specifications and Standards. We are in receipt of all
necessary fees, bond, and insurances.
|, therefore, recommend approval of the amended Public Improvement Permit #2026-02 for
the rear yard drainage for the Webster Road 3 Sublot Subdivision.
d, <7 / /
Respectfully submitte
ae
. Bieler, P.E., CFM
Town Engineer
Attachments: Application for PIP #2026-02
Ce: William Even, Town Clerk
Timothy Gallagher, Town Attorney
Nancy Kenton, Town Assessor
Andy Slotman, Highway Superintendent
File #25.014
S:\Subdivisions\Webster Road 3 Sublot Brandon Block Subdivision\PIP Construction\PIP APPROVAL
- Webster 3Lot Rear Yard
Drainage.doc
Visit the Town’s website at www.orcharcloarkny.gov
Page 11
PERMITNo. 2026-02
Application for Permit to Construct a Public Improvement
TOWN OF ORCHARD PARK, NEW YORK
TO THE HONORABLE TOWN BOARD
TOWN OF ORCHARD PARK, NEW YORK
Application is hereby made for permission to construct:
State project name (name of subdivision, street, or other identifying location). Describe generally all contemplated work. List quantities, linear footage, etc. for all items checked.
Project Name Webster Road 3-Lot Block Subdivision Map Cover
No. of Sublots 3
[__]Paving and Curbing [~ |street Lighting
[x [Drainage . 392 Feet Rear Yard Drainage [Landscaping
[ |Sanitary Sewer [Jother
[| Waterline (LF & # Hyd's.) [other
The estimated cost of the improvement is {$30,000.00 |
Estimated cost of the improvement shall be determined by the Town Engineer. Qwner may submit copy of actual contract or other acceptable evidence for
veritication.
Contractor(s)
Address Telephone
Insurance Certificate No. Insurance Co.
The contractor shall fite with the Town Attorney certificates of proof of insurance with minimum coverage of 100\L:300M/100M liability and workmans compensation
containing standard notice of cancellation clause.
PERFORMANCE SECURITY $ 3,000.00
(check appropriate box)
Perf. Bond No. Bonding Co.
[_]cash Deposit Bank Cert. Check No.
Performance security shall be in the amount of 10% of the estimated cost of the work. It shall cemain in effect until such time as.a written release is granted by the Town.
Failure to comply with the provisions of this law or its amendments may result in forfeiture of the aforementioned security.
MAINTENANCE SECURITY $ 15,000.00
[ _|Maintenance Bond No. Bonding Co.
[ |cash Deposit Bank Cert, Check No.
Maintenance security shall be in the amount of 50% of the estimated cost of the work. It shall be in effect for a period of two years following acceptance of the completed
work by resolution of the Town of Orchard Park and shall be released only upon written authorization fom the Town.
[_]Escrow For: DateRevd Date Released
Amount:
[ |Escrow For: . Date Revd. Date Released
Amount:
[_]Escrow For: . DateRevd Date Released
Amount:
[ |Escrow For: . Date Revd. ne Date Released
Amount: :
PIP FORM Rear Yard Drainage 6-5-26 {
Page 12
Application for Permit to Construct a Public Improvement
TOWN OF ORCHARD PARK, NEW YORK
PIP # 2026-02
In Consideration of the granting of this permit the applicant agrees:
That work under this permut shall be started within 60 days from the date of appraval by the Town Board and shall be completed within | year from the date of approval thereof.
Upon satisfactory completion, testing and acceptance of the work by the Town Board, all improvements described under this application will be dedicated to the Town of Orchard Park
The applicant is familar with and will comply with the laws of the State of New York, the Ordinances of the Town of Orchard Park and all the rules and regulations as set forth in
the Town of Orchard Park Local Law 41-1982 and its amendments governing the construction of public improvements and that he shall notify the Town Engineer in advance of
of commencing any work under this permit.
To hold harmless the Town of Orchard Park, its districts, subdivisions, or its Agents or Employees from any liabilities of any kind arising out of the performance of the proposed
construction, activities of the Town Employees or Public in conaestion with the proposed consjtiction or con én site, and that all persons connected with the actual work
under this permit shall be duly covered by liability and workgrdin’s compensation nsurangs —
a L
Signature of Owner o SILA
7
oe
Address Maple Grove Hoidings LLC; 4747 Camp Road; Hamburg, New York 14075 Telephone 716-646-6555
Subscribed & Sworn to before me this ’ (have examined the foregoing Plans and Specifications submitted by the applicant
a day of ul Se 20 C.kg)., and hereby ceitiy that they are in compliance with the specifications and requirements
of the Town of Orchard Park fa
ribs
NOTARY
LO Zara
PUBFIC-ERIE COUNTY-NEW
A YORK TOWN
i.
ENGINEER
Beans
DATE
SEAL DANIEL JACKSON ¥
Notary Public State eels Pursuant to Town Board Resolution No.
Qualified in Erie Dated 20
My Cemmission Expires 09/4A804 and any stipulations thereit atiached, approval is hereby granted for a permit to be
issued for the construction of public improvements in the Town of Orchard Park
TOWN SUPERVISOR DATE
[SWPPP INSPECTION FEE T $0.00]
{ have examined the insurance certificate and the secures attached hereto and certify
PERMIT FEE $ 50.00 that they are valid in form and meet the requirements as set forth in
INSPECTION Local Law #1-(982
8% on first $100,000.00 $2,400.00
7% on next $100,000.00 $0.00 TOWN ATTORNEY DATE
6% on next $100,000.00 $0.00
5% on next $100,000.00 $0.00
4% on next $100,000.00 $0.00
3% on all over $500,000.00 $0.00 (have examined the foregoing application and certify that the required fees have been
TOTAL FEES $ 2,450.00 pad and by my signature | do hereby issue this permit to construct public mprovements
in the Town of Orchard Park
TOWN CLERK DATE
copies to: 1. Town Clerk 3. Town Attorney
2. Town Engineer 4. Applicant
PIP FORM Rear Yard Drainage 6-5-26 2
Page 13
Re: Application for Floodplain Development (#2026-02)
7425 Jewett Holmwood Road
WHEREAS, the Engineering Department has received from Eagle Ridge Recreation Association an
application for Floodplain Development to replace two 36-inch culverts at 7425 Jewett Holmwood
Road, Orchard Park, New York 14127; and
WHEREAS, the Engineering Department has found them to be acceptable. All necessary fees have
been paid.
NOW, THEREFORE be it
RESOLVED, that the Town Board does hereby approve the application for the Floodplain
Development Permit #2026-02 to replace two 36-inch culverts at 7425 Jewett Holmwood Road,
Orchard Park, New York 14127 as recommended by the Town Engineer.
Page 14
ENGINEERING DEPARTMENT
S 4295 South Buffalo Street Orchard Park, New York 14127-2609
Phone: (716) 662-6425 TOWN ENGINEER
Email: [email protected] WAYNE L. BIELER,PE., CFM
July 10, 2026
Honorable Town Board
Town of Orchard Park
4295 South Buffalo Street
Orchard Park, New York 14127
Re: Application for Floodplain Development (#2026-02)
7425 Jewett Holmwood Road
Dear Board Members:
We have received from Eagle Ridge Recreation Association an application for
Floodplain Development to replace two 36-inch culverts at 7425 Jewett Holmwood
Road, Orchard Park, New York 14127.
| have found them to be acceptable. All necessary fees have been paid.
|, therefore, recommend that you approve the application for the Floodplain
Development Permit #2026-02 to replace two 36-inch culverts at 7425 Jewett
Holmwood Road, Orchard Park, New York 14127.
Respectfully submitted,
Wayne [2L ‘Bieler P.E., CFM
Town Engineer
Attachments: Floodplain Development Application
Ce: William Even, Town Clerk
Timothy Gallagher, Town Attorney
Thomas Minor, Building Inspector
File #2026.022
S:\Subdivisions\7425 Jewett Holmwoad Road Floodplain Development\Letter TB for Floodplain Development 7425 Jewett
Holmwood.doc
Visit the Town's website at www.orchardparkny.goy
Page 15
OFFICIAL USE ONLY
Permit No: Pood
Date:
Permit Fee Paid:
Issued By:
FLOODPLAIN DEVELOPMENT APPLICATION
70WNN OF oRCHA PARK
Site NEERING
reject “HEN rtion Location and Acreage) on425 devel {to |lmwo00 R?,
“THUS “Teeth-
3. Contractor (Name and Address)
PhoneNo. fg me Pm Re |
I me MRA ist ME cml BH2.L
4, Permit Fees: . F5C@ aragaae MAN Sce bho
$150 plus ($75 per acre or fractional part thereof) a aly lr 7d
$50 plus (2% of the Construction Cost) aS
Engineering Department will determine total fees upon submission of design package.
5. Site Improvement Bond:
Surety Corporation Name:
es
Bond Amount: * LOO
($2,000 per acre or fractional part thereof)
In consideration of the grant of this permit, the undersigned agrees as follows:
1. Refer to and fill out the attached Floodplain Development Permit Application forms as a part of this permit.
2. Work under this permit shall be started within sixty (60) days from the date of approval thereof.
Work under this permit shall be completed within one (1) year from the date of the approval
thereof. Any request for extension shall be addressed in writing to the Town Board of Orchard
Park.
3. The undersigned guarantees that all persons connected with the actual work under this permit
are duly covered by Liability and Workman's Compensation Insurance and the State, County
and Town shall be held harmless on accaunt thereof of the undersigned.
4, The undersigned hereby agrees to hold harmless the Town of Orchard Park, its Districts,
Subdivisions, or its agents or employees from ail liability of any kind arising out of the
performance of the proposed construction, activities of Town employees or the public in
connection with the proposed construction or construction site.
5. Working hours: 7:00AM to 6:00PM NO SUNDAY OPERATION
| have examined the foregoing application and agree to the terms set forth in this application
and do hereby certify that the required permit fee as established by the Town Board of Orchard
Park, New York has been paid.
Signature of Applicant: _\. eee
FloodplainDevelopment Permit Application 4
Page 16
PERMIT APPLICATION
FLOODPLAIN DEVELOPMENT APPLICATION
Project:
DEPARTMENT HEAD APPROVALS
Building Inspector Date:
Highway Superintendent Date:
Town Engineer Date:
TOWN BOARD APPROVAL
In accordance with the above approvals, and in compliance with the regulating ordinance, the
Town Clerk is hereby authorized to issue said permit.
Supervisor
Council
Council
Council
Council
Date:
FloodpiainDevelopment Permit Application 2
Page 17
APPLICATION FOR BOND RELEASE
FLOODPLAIN DEVELOPMENT APPLICATION
Project:
The undersigned specify that all work under the subject permit has been completed in
accordance with the regulating ordinance.
Signature of Applicant: Date:
Building Inspector: Date:
Highway Superintendent: Date:
Town Engineer: Date:
FloodplainDevelopment Permit Application 3
Page 18
Re: Advertisement for
Bid Community
Activity Center
Picinic Shelter
WHEREAS, the Orchard Park Engineering Department is finalizing plans, specifications, and
bid ‘documents for the Community Activity Center Picinic Shelter Project. Plans and
specifications for this project will be available for review in the Engineering Department, and
WHEREAS, this project will include the installation of a new 16'x20' Wood Picnic Shelter and
Concrete Pad. There are also proposed alternates to include a 5.0' wide concrete sidewalk and
the installation of electricity and lighting for this shelter; and
WHEREAS, funding has been allocated through the SAM Grant. The Town was awarded
$150,000.00 through this grant. There has already been $60,380.00 used for a new Senior
Center Transportation Van. More funding may be needed for this project through Capital
Account AB004 "Brush Mountain Community Activity Center Building" which has a balance of
_ $1,388,078.00; and
WHEREAS, plans and bid documents will be available for pick up in the Town Clerks office on
July 15, 2026.
NOW, THEREFORE be it
RESOLVED, that the Town Board does hereby authorize advertisement for sealed bids in the
Orchard Park Bee for the Community Activity Center Picinic Shelter Project, to be opened on
August 11, 2026 at 2:00 pm at the Orchard Park Municipal Center, Basement Meeting Room.
Page 19
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ENGINEERING DEPARTMENT
8S 4295 South Buffalo Street Orchard Park, New York 14127-2609
Phone: (716) 662-6425 TOWN ENGINEER
Email: [email protected] WAYNE L. BIELER,PE., CFM
July 10, 2026
Honorable Town Board
Town of Orchard Park
4295 South Buffalo Street
Orchard Park, New York 14127
Re: Advertisement for Bid
Community Activity Center
Picinic Shelter
Dear Board Members:
The Orchard Park Engineering Department is finalizing plans, specificat
ions, and bid documents for the
Community Activity Center Picinic Shelter Project. Plans and specifications
for this project will be available
for review in the Engineering Department.
This project will include the installation of a new 16’x20’ Wood Picnic Shelter
and Concrete Pad, There are
also proposed alternates to include a 5.0’ wide concrete sidewalk and
the installation of electricity and
lighting for this shelter.
Funding has been allocated through the SAM Grant. The Town was awarded
this $150,000.00 through
grant. There has already been $60,380.00 used for a new Senior Center Transportation
Van. More funding
may be needed for this project through Capital Account AB004 “Brush Mountain
Community Activity Center
Building” which has a balance of $1 388,078.00.
Plans and bid documents will be available for pick up in the Town Clerks
office on July 15, 2026.
|, therefore, recommend that you authorize advertisement for sealed bids
in the Orchard Park Bee for the
Community Activity Center Picinic Shelter Project, to be opened on August
11, 2026 at 2:00 pm at the
Orchard Park Municipal Center, Basement Meeting Room.
Respectfully submitted,
pu gf
Wayne L. Bieler, P.E., C.F.M.
Town Engineer
Ce: William C. Even, Town Clerk
Timothy Gallagher, Town Attorney
Maria Gailey
Nichole Ruf, Accounting
File # 2026.021
S:\Town Projects\Brush Mt. Park Complex 2015.007\C.A.C. Bocce Ball Courts\Picmic
Shelter\Coorespondence\Letter to TB - PERMISSION TO ADVERTISE.doc
Visit the Town’s website at www.orchardoarkny.gov
Page 20
NOTICE TO BIDDERS
TOWN OF ORCHARD PARK
Sealed bids are requested for the Community Activity Center Picnic Shelter within the Town
of Orchard Park, New York.
Bids shall be received at the office of the Town Clerk in the Municipal Center, 4295 South
Buffalo Street, Orchard Park, New York until August 11, 2026 at 2:00 PM (Local Time) at
which time they will be opened publicly and read aloud in the Basement Meeting Room.
Each bid must be prepared and submitted in accordance with the Bidding and Contract
Documents. Each bid must also be accompanied by a Bid Security in the form of a
Certified Check of the Bidder, Bid Bond, or Bank Check in the amount of 10% the Bid
Price.
Plans, specifications, bid documents and instructions for submitting bids will be available at
the office of the Town Clerk beginning on July 15, 2026 in the Municipal Center, 4295
South Buffalo Street, Orchard Park, New York Monday through Friday during business
hours from 8:30 A.M. to 4:15 P.M. (Local Time), with payment of $75 for each set.
Any non-successful Bidder, upon returning such plans, specifications, and bid documents
in good condition subsequent to the opening of bids will be refunded the sum of $50, and
any non-bidder upon so returning such plans, specifications and bid documents will be
refunded the sum of $35. No refunds will be made for plans in condition not fit for further
use or returned later than 10 days after the bid opening date.
Copies of the proposed contract documents, plans and specifications may be examined at
the office of the Engineer, 4295 South Buffalo Street, Orchard Park, New York.
The Town of Orchard Park has been and will continue to be an equal opportunity
organization. All qualified Minority and Women-Owned Business Enterprises
(MWBE) suppliers, contractors and/or businesses will be afforded equal opportunity
without discrimination because of race, color, religion, national origin, sex, age,
disability, sexual preference or Vietnam Era Veteran status.
William C. Even
Town Clerk
Town of Orchard Park
Dated: July 10, 2026
Page 21
Re: Advertisement for Bid
Community Activity Center
41 Space Millings Parking Expansion and Brush Mountain Test Pits
WHEREAS, the Orchard Park Engineering Department is requesting an advertisement for the informal
bid process for the spreading of existing millings piles to create new parking for the Community Activity
Center and test digs into Brush Mountain for the proposed Phase IT Main Parking Lot Expansion Project
for the Community Activity Center; and
WHEREAS, the Senior Center is requesting to make every effort for this work to be done prior to
August 8", 2026, to allow for enough parking for a planned event; and
WHEREAS, funding has been allocated through Capital Account AB005 “Brush Mountain Community
Activity Center Site” which has a balance of $148,620.00.
NOW, THEREFORE be it
RESOLVED, that the Town Board does hereby authorize the Engineering Department to continue with
the informal bid process for the Community Activity Center 41 Space Millings Parking Expansion and
Brush Mountain Test Pits. Bids will be accepted by the Orchard Park Engineering Dept. and will be
brought to the Town Board for final approval as recommended by the Town Engineer.
Page 22
OWN ©
ENGINEERING
S 4295 South Buffalo Street Orchard Park, New York 14127-2609
Phone: (716) 662-6425 TOWN ENGINEER
Email: [email protected] WAYNE L. BIELER, RE., CFM
July 10, 2026
Honorable Town Board
Town of Orchard Park
4295 South Buffalo Street
Orchard Park, New York 14127
Re: Advertisement for Bid
Community Activity Center
41 Space Millings Parking Expansion and Brush Mountain Test Pits
Dear Board Members:
The Orchard Park Engineering Department is requesting an advertisement for the informal bid
process for the spreading of existing millings piles to create new parking for the Community Activity
Center and test digs into Brush Mountain for the proposed Phase I! Main Parking Lot Expansion
Project for the Community Activity Center.
The Senior Center is requesting to make every effort for this work to be done prior to August 8t",
2026, to allow for enough parking for a planned event.
Funding has been allocated through Capital Account AB005 “Brush Mountain Community Activity
Center Site” which has a balance of $148,620.00.
|, therefore, recommend that you authorize the Engineering Department to continue with the
informal bid process for the Community Activity Center 41 Space Millings Parking Expansion and
Brush Mountain Test Pits. Bids will be accepted by the Orchard Park Engineering Dept. and will be
brought to the Town Board for final approval.
Respectfully submitted,
-
fePoE 2 os PBBate
ce
a i
Wayne L. Bieler, P.E.. CEM.
Town Engineer
Ce: William C. Even, Town Clerk,
Timothy Gallagher, Town Attorney,
Maria Galley,
Nichole Ruf, Accounting,
File # 2026.022
S:\Town Board\Documents\2026 Documents\7-15-26.Lotter to TB - PERMISSION TO ADVERTISE
(2).docx
Visit the Town’s website at www.orchardoarkny.gov
Page 23
RESOLUTION TO APPOINT SEASONAL KITCHEN HELP FOR THE SENIOR CENTER
WHEREAS, the Town of Orchard Park requires temporary kitchen assistance to maintain efficient
operations, ensure coverage during permanent staffing transitions, and support peak seasonal demands at
the Senior Center; and
WHEREAS, management has identified and vetted a qualified candidate who possesses the necessary
experience and skills to fulfill this temporary role; and
WHEREAS, Gianna Hawk’s volunteer background and demonstrated team-player attitude will provide
critical operational support during this phase. ;
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve the appointment of Gianna Hawk as a seasonal
helper at the Senior Center, at a rate of $17.00 per hour with a schedule of 6 hours per week, effective
Wednesday, July 15, 2026, as recommended by the Senior Center Director.
Page 24
LOCAL LAW 01-2026
TOWN BOARD RESOLUTION VACANT BUILDINGS
Resolution Adopting Amendments to Chapter 144 of the Town Code Regarding Vacant Buildings
WHEREAS, the Town Board of the Town of Orchard Park has determined that vacant and abandoned
buildings can create conditions that negatively affect public health, safety, welfare, neighborhood stability,
property values, and economic development; and
WHEREAS, the Town Board finds that the registration, monitoring, maintenance, and regulation of vacant
and abandoned buildings are necessary to protect residents and ensure that such properties do not become
a burden upon the community; and
WHEREAS, the Town Board has reviewed proposed amendments to Chapter 144 of the Town Code,
entitled "Zoning," including the addition of definitions relating to vacant buildings, the establishment of a
vacant building registration program, maintenance and security standards, enforcement procedures, and
related administrative provisions; and
WHEREAS, the proposed amendments include:
e Adding definitions for Building, Owner, Vacant Building, Abandoned Building, Responsible Party,
and Secured to §144-5;
e Renaming Article VIII to "Nonconforming Uses and Vacant Buildings";
e Amending §144-57 regarding abandonment of nonconforming uses;
e Establishing a Vacant Building Registration Program requiring registration, maintenance, security,
inspections, fees, and enforcement procedures for vacant and abandoned buildings; and
e Authorizing the Town Board to establish fees and administrative regulations necessary to
implement and administer the program; and
WHEREAS, the Town Board has determined that adoption of these amendments is in the best interests of
the Town and its residents; and
WHEREAS, all required reviews, notices, referrals, and public hearings required by law have been
completed or shall be completed prior to the effective date of the amendments.
WHEREAS, this is an Unlisted SEQR action, and a Negative Declaration is hereby made.
NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Orchard Park as follows:
e Adoption of Amendments. The Town Board hereby adopts the amendments to Chapter 144 of the
Town Code as presented and attached hereto, including the creation of vacant building registration
and maintenance requirements and all related provisions.
e Codification. The Town Attorney, Town Clerk, and Code Enforcement Department are authorized
and directed to take all actions necessary to codify these amendments into the Town Code.
e Implementation. The Code Enforcement Officer is authorized to develop forms, procedures, and
administrative guidance necessary for implementation of the Vacant Building Registry and
enforcement of the provisions adopted herein.
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LOCAL LAW 01-2026
Fee Schedule. The Town Board may establish and amend registration fees, renewal fees, and
penalties by separate resolution as authorized by the adopted code provisions.
Severability. If any section, subsection, sentence, clause, phrase, or provision of these amendments
is adjudged invalid or unconstitutional by a court of competent jurisdiction, such determination
shall not affect the validity of the remaining portions thereof.
Effective Date. This resolution and the amendments adopted hereby shall take effect immediately
upon filing and publication as required by law.
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Vacant Buildings Ordinance
The following terms shall be added to § 144- 5 Terms Defined
Building
Any structure, regardless of type of construction, intended for shelter, housing, storage, or
use, whether residential, commercial, industrial, or mixed use.
Owner
Any person, entity, partnership, corporation, or other legal entity having a legal or equitable
interest in a building, including but not limited to the owner of record, a mortgagee,
lienholder, trustee, or any person acting as an agent or representative of the foregoing.
Vacant building
A building that is:
o Not legally occupied for a-period of at least 90 consecutive days; and
o Not actively being marketed for sale or lease, not under active construction or
renovation under a valid building permit, and not temporarily vacant due to normal
turnover.
In determining whether a building is unoccupied, an enforcement officer may consider the
following factors:
A. Whether lawful residential or business activity has ceased.
B. The percentage of interior space of the building which is occupied in comparison to
unoccupied.
C. The presence or absence of fixtures, accessories or personal property.
D. The presence or lack of utility services.
E. The legal status of the premises in terms of either tax or mortgage foreclosure.
F The existence, magnitude and/or duration of code violations.
G. The character and use of that portion of the space which is occupied.
H. Any other factor relevant to general habitability of the premises, including but not limited
to, overgrown or neglected vegetation, accumulation of mail or trash.
Abandoned building
Avacant building that also meets any applicable definition of “vacant and abandoned”
residential real property under New York State law (e.g., Real Property Actions and
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Page 27
Proceedings Law), or that has been vacant for over one year without a demonstrated good-
faith plan for occupancy, rehabilitation, or lawful demolition.
. Responsible party
The owner or any person designated in writing by the owner and approved by the Town as
responsible for compliance with this Local Law. .
Secured
Closed, locked, and maintained so as to prevent unauthorized entry by persons or animals,
and to prevent weather intrusion.
The following Article name shall be changed as written below:
ARTICLE VIII Nonconforming Uses and Vacant Buildings
The following section shall be removed and replaced:
§ 144-57
A. Abandonment of Use In any district, whenever a nonconforming use of land, premises,
building or structure or any part or portion thereof has been discontinued for a period of
one year, such nonconforming use shall not thereafter be reestablished, and all future
use shall be in conformity with the provisions of this chapter. Such discontinuance of the
active and continuous operation of such nonconforming use or a part or portion thereof
for such period of one year is hereby construed and considered to be an abandonment
of such nonconforming use, regardless of any reservation of an intent not to abandon
same or an intent to resume active operations. If actual abandonment in fact is
evidenced by the removal of buildings, structures, machinery, equipment and other
evidences of such nonconforming use of the land and premises, the abandonment shall
be construed and considered to be completed within a period of less than one year and
all rights to establish or continue such nonconforming use shall thereupon terminate.
‘B. Vacant Buildings (see 8144-5 Terms Defined)
1. Applicability
a. This Local Law applies to all buildings within the Town of Orchard Park, excluding
buildings located within the incorporated Town of Orchard Park to the extent that they
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Page 28
are already subject to similar Town regulations such as the Town’s Vacant Building
Registry or related chapters.
b. Where a building is subject to overlapping regulations by the Town and another
jurisdiction, the more restrictive or protective provisions shall govern, to the extent
permitted by law.
2. Vacant Building Registration Required
Registration obligation.
The owner of any building that becomes a vacant building, as defined herein, shalt
register
the building with the Town Code Enforcement Officer within 30 days of the
building becoming vacant or within 30 days of notification by the Town that the building
appears to be vacant, whichever is sooner.
b. Registration form.
The registration shall be on a form provided by the Town and shall include:
o The owner’s name, mailing address, telephone number, and email.
o If the owner is not a natural person, the name, address, and contact information
of a local individual authorized to accept service and act on behalf of the owner.
o The street address and tax map parcel number of the property.
o The date the building became vacant or is expected to become vacant.
o Whether utilities are on or off.
o Aptan for:
«» Maintaining
the property in accordance with this Local Law and all
applicable codes.
» Securing the building.
» Returning the building to lawful occupancy, sale, renovation, or
demolition, with a proposed timeline.
c. Consent to inspection.
By registering a vacant building, the owner consents to the Code Enforcement Officer
inspecting the premises at reasonable times to enforce and assure compliance with
applicable codes and this Local Law.
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Page 29
. Change in information.
The owner shall notify the Town in writing of any change in the information required on
the registration within 30 days of such change.
. Registration Fees
Initial fee.
Upon registration, the owner shall pay a vacant building registration fee in an amount set
from time to time by resolution of the Town Board.
. Annual renewal; escalating fees.
Registration shall be renewed annually for as long as the building remains vacant, and
an annual renewal fee shall be paid. The Town Board may establish escalating fees for
each year as a building remains registered as vacant, to encourage timely rehabilitation,
reuse, or demolition and to offset enforcement costs.
Lien.
Unpaid registration fees, along with any penalties and costs of collection, may be
assessed as a lien against the property and collected in the same manner as Town taxes
to the extent permitted by law.
. Maintenance and Security Requirements
. General duty.
The owner of a vacant or abandoned building shall maintain the building and its
premises in a clean, safe, and sanitary condition, in compliance with the New York State
Uniform Fire Prevention and Building Code, the Town Code, and all other applicable laws
and regulations. .
. Minimum standards.
Without limiting the generality of the foregoing, owners shall:
e Keep yards and lawn at or below 10 inches, sidewalks, and driveways free of
trash, debris, and excessive vegetation.
e Maintain the exteriorof the building, including roofs, walls, doors, and windows,
in weather-tight and structurally sound condition.
—e Secure all doors, windows, and other openings against unauthorized entry, which
may include proper boarding.
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Page 30
e Maintain gutters and downspouts to prevent water damage to adjoining
properties.
e Remove snow and ice and maintain walkways in a reasonably safe condition.
Posting of contact information.
The owner shall post a Notice provided by the Town, in a location visible from the public
way, providing a telephone number and email address for the party responsible, so that
concerns and emergencies can be promptly reported.
Exemptions
The following buildings shall be exempt from registration and fees, but must still comply
with all applicable maintenance and safety codes:
Buildings that are unoccupied for less than 90 consecutive days and are otherwise
regularly maintained.
. Seasonal or vacation properties that are maintained and secured, and that the owner
has designated in writing as seasonal to the Town.
Buildings owned by the Town, County, State, or Federal government.
Inspection and Right of Entry
The Code Enforcement Officer is authorized to inspect vacant and abandoned buildings
and their premises to determine compliance with this Local Law and other applicable
codes, in accordance with applicable constitutional and statutory requirements.
lf entry is refused or not obtained, the Code Enforcement Officer may seek a warrant
from a court of competent jurisdiction to enter and. inspect the property.
7. Violations; Penalties
a . Violations.
it shall be a violation of this Local Law to:
e Failto register for a vacant building as required.
e Fail to renew the registration.
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Page 31
e Failto pay required fees.
e Failto maintain or secure a vacant building and premises as required.
b. Penaities. ;
Any person or entity violating this Local Law shall be subject to:
e Acivil penalty or fine in an amount set by the Town Board, which may be
assessed per day of violation, and/or
e Other remedies available to the Town at law or in equity, including but not limited
to injunctive relief, orders to repair or demolish, and recovery of costs and
attorney’s fees as permitted by law.
Separate offenses.
9
Each day that a violation continues after written notice by the Town shall constitute a
separate offense.
Relationship to Other Laws
This Local Law shall be construed to supplement, and not to limit, the powers of the
Town under any other local, state, or federal law, including but not limited to the Town’s
building, zoning, and property maintenance codes.
Where a provision of this Local Law conflicts with another provision of the Town Code,
the more restrictive provision shall apply.
Administration; Regulations
The Town Board may adopt, and from time to time amend, a schedule of fees and
administrative regulations to implement and administer this Local Law, including
standards for securing buildings and for inspection protocols.
The Code Enforcement Officer is authorized to develop forms and guidance for
registration and to maintain a Vacant Building Registry for internal use and
enforcement purposes.
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Page 32
Local Law 02-2026
TOWN BOARD RESOLUTION PARKING TICKET LAW
RESOLUTION ADOPTING LOCAL LAW NO. 02 OF 2026 AMENDING CHAPTER 131 OF THE
CODE OF THE TOWN OF ORCHARD PARK REGARDING PARKING VIOLATIONS, TICKETS,
PENALTIES, AND ENFORCEMENT
WHEREAS, the Town Board of the Town of Orchard Park has determined that the existing provisions
governing parking violations, ticketing procedures, fines, and enforcement should be updated and clarified
to improve public safety, promote compliance, support winter maintenance operations, and provide fair and
efficient administration of parking regulations; and
WHEREAS, the Town Board finds that standardized procedures for the issuance, payment, contesting, and
enforcement of parking tickets will improve consistency and transparency for residents, businesses, and
visitors; and
WHEREAS, pursuant to New York State Vehicle and Traffic Law §1660(a)(25) and the Municipal Home
Rule Law, the Town Board has prepared Local Law No. 02 of 2026 amending Chapter 131, “Vehicles and
Traffic,” of the Code of the Town of Orchard Park by establishing a new article governing parking
violations, parking tickets, fines, penalties, appeals, towing, immobilization, and related enforcement
procedures; and
WHEREAS, the proposed local law authorizes the Town Board to establish schedules of fines and
surcharges by resolution and provides for administrative procedures to ensure uniform enforcement of
parking regulations throughout the Town; and
WHEREAS, a public hearing on the proposed local law was duly advertised and held on July 15, 2026, at
which all persons wishing to be heard were afforded an opportunity to comment; and
WHEREAS, the Town Board has reviewed all comments received and has determined that adoption of the
proposed local law is in the best interests of the Town and its residents; and
WHEREAS, this is an Unlisted SEQR action and a Negative Declaration is hereby made.
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board does hereby adopt Local Law #02-2026 Parking Violations, Tickets and
Penalties. "A Local Law Amending Chapter 131 of the Code of the Town of Orchard Park Regarding
Parking Violations, Tickets, Penalties, and Enforcement." And be it further
RESOLVED, that the Town Board does hereby give authority to the Town Clerk, Town Attorney, and such
other Town officials as may be necessary are authorized and directed to take all actions required to
incorporate the provisions of this Local Law into the Code of the Town of Orchard Park; and be it further
RESOLVED, that the Town Board does hereby direct the Town Clerk to file the adopted Local Law with
the New York State Department of State in accordance with Municipal Home Rule Law §27, and be it
further
RESOLVED, that this Resolution shall take effect immediately, and the Local Law shall take effect upon
filing with the Secretary of State as provided therein. The Local Law is as follows:
Page 33
1. Purpose and Findings
A. Purpose
The purpose of this local law is to modernize and clarify the Town of Orchard Park’s
regulations governing parking violations, ticketing, fines, and enforcement, to promote
public safety, ensure turnover of parking spaces, support winter maintenance operations,
and provide fair, transparent procedures for residents and visitors.
B. Legislative findings
The Town Board finds that:
e Existing regulations governing prohibited and time-limited parking require clearer
penalties and procedures.
e Consistent enforcement of overnight and seasonal parking restrictions is necessary
for safe snow removal and emergency response.
e Astandardized parking ticket and appeal process will improve fairness and
administrative efficiency.
2. Pursuant to New York State Vehicle and Traffic Law 81660(a)(25), this local law
amends Chapter 131, “Vehicles and Traffic,” of the Code of the Town of Orchard Park
This local law amends Chapter 131, “Vehicles and Traffic,” of the Code of the Town of
Orchard Park, by adding a new Article establishing specific provisions for parking tickets,
penalties, and procedures, and by updating cross-references to parking restrictions
already authorized in Chapter 131.
3. New Article: Parking Violations, Tickets and Penalties
§131- 14 Definitions
For the purposes of this Article:
e “Parking violation” means any stopping, standing, or parking of a vehicle in violation
of any provision of this chapter or any schedule, map, or resolution adopted
pursuant to this chapter.
e “Parking ticket” means the written notice of a parking violation issued by a police
officer or other authorized enforcement officer of the Town of Orchard Park.
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Page 34
“Restricted parking district” refers to areas and times designated by the Town Board
where parking is regulated or prohibited, including seasonal overnight restrictions.
“Town Court” means the Town of Orchard Park Justice Court.
§131-14 Parking ticket issuance
A. Authority to issue
Parking tickets for violations of this chapter may be issued by any police officer of the Town
of Orchard Park and by any other officer or employee authorized by resolution of the Town
Board.
B. Contents of ticket
Each parking ticket shall contain, ata minimum:
Date and time of issuance.
Alleged Section of Law Violated.
Location of alleged violation.
License plate number and state of registration.
Make or description of the vehicle.
A brief description of the violation (e.g., “Overnight parking during restricted hours,”
“Parking in fire lane,” “Parking in bus stop”).
Fine amount and any applicable surcharges, or reference to a fine schedule on file
with the Town Clerk.
Instructions on how and where to pay the fine or contest the ticket, and the deadline
for doing so.
C. Service
A parking ticket may be served by affixing it securely to the vehicle in a conspicuous place
or by mailing it to the registered owner’s last known address, in accordance with applicable
law.
§131-14 Schedule of fines and surcharges
A. Establishment of fine schedule
The Town Board shall, by resolution, adopt a schedule of fines and surcharges for parking
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Page 35
violations under this chapter, which may differentiate among types of violations including,
but not limited to:
© Overtime or time-limited parking.
e No-parkingor no-standing zones.
e Overnight or seasonal parking restrictions (including November 1—April1 orsuch .
other dates as the Board may establish).
® Parking in fire lanes or within designated fire zones.
e Blocking a driveway, crosswalk, or sidewalk
» Parking in bus stops, cab stands, loading zones, and safety zones.
e Parking in handicapped/accessible spaces without proper authorization (subject
also to applicable state law).
e Uninspected Motor Vehicle.
e Unregistered Motor Vehicle.
B. Base fines
Unless otherwise specified by state law, each parking violation shall be subject to a base
fine within a range established by Town Board resolution (for example, not less than $50
and not more than $250 for a first offense).
C. Repeat offenses
The fine schedule may provide for increased fines for subsequent violations by the same
registered owner within a specified period, consistent with state law.
D. Surcharges and costs
State-mandated surcharges, administrative fees, towing and storage charges, and
booting/immobilization fees may be collected in addition to the base fine, in amounts
established by law or by Town Board resolution. .
§131-14 Payment and disposition
A. Time for payment
Unless otherwise provided by law, a person to whom a parking ticket is issued shall pay the
applicable fine and surcharges, or contest the ticket as provided herein, within ten (10)
days after the date of issuance or mailing.
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Page 36
B. Methods of payment
The Town Board may authorize payment:
e Inperson at locations designated by the Town.
e Bymail, payable to the appropriate Town office.
e By approved online payment system.
C. Failure to respond
Failure to pay or contest a parking ticket within the prescribed time may result in additional
penalties, referral to collections, immobilization or towing of the vehicle for repeated
offenders, and notification to the New York State Department of Motor Vehicles as
permitted by law.
§131-14 Contests and appeals
A. Right to contest
Any person who believes a parking ticket was issued in error may contest the ticket by
requesting a hearing before the Town Justice Court, in the manner and within the time
period stated on the ticket.
B. Procedure
e The person may appear in person or through counsel, as allowed by court rules.
« The court may dismiss, reduce, or sustain the violation, and may impose applicable
fines and surcharges consistent with state law and the Town’s fine schedule.
C. Waiver
Failure to timely request a hearing shall constitute a waiver of the right to contest the ticket, -
and the fine shall be due and payable.
§131- 14Towing, removal, and immobilization
A. Authority
In addition to any other penalty, vehicles may be towed, removed, or immobilized where:
e They are parked in violation of posted no-parking or fire lane restrictions presenting
a safety hazard.
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Page 37
e They obstruct snow removal or emergency operations during posted seasonal or
emergency parking restrictions.
e They have accumulated multiple unpaid parking violations, as established by Town
Board resolution.
B. Costs
The owner or operator of any vehicle removed, towed, stored, or immobilized shall be liable
for the payment of all towing, storage, and immobilization charges, in addition to any fines
and surcharges.
§131-14 Relationship to existing parking regulations
A. Existing restrictions
All existing provisions of Chapter 131 relating to:
e Designation of no-parking zones.
e Time-limited parking.
e Loading zones, safety zones, bus stops, taxicab stands.
e Fire lanes and other restricted zones.
remain in full force and effect and are enforceable by means of parking tickets under
this Article.
B. Schedules and maps
All schedules of streets and parking restrictions adopted by the Town Board and
maintained on file in the office of the Town Clerk are hereby incorporated by reference as if
fully set forth herein.
§131-14 Severability; effective date
A. Severability
lf any clause, sentence, paragraph, subdivision, section or part of this local law or the
application thereof to any person, firm or corporation, or circumstance, shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional, such order or
judgment shall not affect, impair or invalidate the remainder thereof.
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Page 38
B. Effective date
This local taw shall take effect upon filing with the Secretary of State in accordance with
the provisions of the Municipal Home Rule Law.
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Page 39
LOCAL LAW 03-2026
WHEREAS, the Town Board of the Town of Orchard Park and the Ethics Board of the Town of Orchard
Park are committed to maintaining the highest standards of integrity, transparency, and accountability in
municipal governance, and
WHEREAS, the Town Board of the Town of Orchard Park and the Ethics Board of the Town of Orchard
Park have proposed updates to Article 12 Ethics Code of the Town of Orchard Park to establish the existence
of alternate members to the Ethics Board to ensure a quorum exists for regular and special meetings, to
clarify certain ambiguities, and to provide specificity to the procedures for investigations and standards of
conduct for Town Officers and Employees, and
WHEREAS, due and timely notice of the amendments having been given, and a public hearing relating to
the matter of Local Law 03-2026 was conducted on July 15, 2025, at a regular meeting of the Town Board
of the Town of Orchard Park, at which time all interested parties were given an opportunity to speak, and
WHEREAS, this is an unlisted action under SEQR, and the Town Board hereby makes a motion for a
negative declaration.
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to adopt Local Law 03-2026 which provides as
follows:
Delete current §12-2 “Standards of conduct for Town officers and employees” and Replace §12-2 with the
Amended
“812-2 Standards of conduct for Town officers and employees:
A. General prohibition. A Town officer or employee shall not use his or her official position or office to
take or fail to take any action in a manner which he or she knows or has reason to know may
result in a personal financial benefit for any of the following persons:
(1) The Town officer or employee;
(2) His or her outside employer or business;
(3) A member of his or her household;
(4) A customer or client; or
(5) A relative.
B. Recusal. A Town officer or employee shall promptly recuse himself or herself from acting on a matter
before the Town when acting on the matter, or failing to act on the matter, may financially benefit
any of the persons listed in Subsection A of this section.
C.Gifts. A Town officer or employee shall not directly or indirectly solicit, accept or receive any gift,
whether in the form of money, services, loan, travel, entertainment, hospitality, material goods, thing or
promise or any other form, under circumstances in which it could reasonably be inferred or could reasonably
be expected that the gift was intended to influence such officer or employee in the performance of his or
her official duties or was intended as a reward for any official action or inaction. Under no circumstances
shall an officer or employee accept any gift in excess of the values set forth pursuant to New York State
law.
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LOCAL LAW 03-2026
D. Representation. A Town officer or employee shall not represent any other person in any matter that
person has before the Town nor represent any other person in any matter against the interests of the Town.
E. Appearances. A Town officer or employee shall not appear before any agency of the Town except
on his or her own behalf or on behalf of the Town.
F. Confidential information. Town officers and employees and former officers and employees shall
not disclose any confidential information or use it to further anyone's personal interests.
G. Political solicitation. A Town officer or employee shall not knowingly request, or authorize anyone
else to request, any subordinate of that officer or Town employee to participate in an election campaign or
contribute to a political committee. This provision shall not prohibit general mailings or solicitations.
H. Future employment. A Town officer or employee shall not, within two years after the termination
of service or employment with the Town, appear before any board or agency of the Town of Orchard Park
in relation to any case, proceeding or application in which he or she personally participated during the
period of his or her service or employment or which was under his or her active consideration.
I. Avoidance of conflicts. Town officers and employees shall not knowingly acquire, solicit,
negotiate for, or accept any interest, employment, or other thing of value which would put them in violation
of this chapter.
J. ‘Inducement of others. A Town officer or employee shall not induce or aid another officer or
employee of the Town to violate any of the provisions of this chapter.
K. Interference with Ethics Board investigation. A Town officer or employee shall not attempt to
interfere with the investigation of any complaint made to the Ethics Board.
L. No person shall be employed under the supervision of any person described in § 12-2A(2) through
(5). Any person employed under the supervision of such person at the time of the adoption of this local law”
shall be exempt from this local law.”, AND
Delete current §12-11 “Ethics Board: establishment; qualifications of members; appointment of members;
term of office.” and replacing §12-11 with the Amended
“§12-11 Ethics Board: establishment; qualifications of members; appointment of members; term of
office:
A. There is hereby established an Ethics Board consisting of a minimum of five members and
two alternate members, a majority of whom are not otherwise Orchard Park officers or employees.
Such Board may include at least one member who is an elected or appointed municipal officer or
employee. Alternate members shall attend all regular meetings of the Ethic Board but shall not be
voting members. In the event that an Ethics Board member is absent for any reason, an alternate
member is hereby authorized to take the place of the voting absent Ethics Board member.
B. All members of the Ethics Board shail be residents of the Town of Orchard Park.
C. The Town Board shall appoint the members of the Ethics Board for staggered terms of five
years as their terms expire. These appointments will occur each January at the Town Board's
annual reorganizational meeting.
D. The members of the Ethics Board shall not receive compensation but shall be reimbursed
for reasonable expenses incurred in the performance of their official duties.
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LOCAL LAW 03-2026
E. Except for elected officials, no member of the Ethics Board shall make a contribution to or
participate in any Town of Orchard Park political campaigning pertaining to a specific Town
office.
F, Service on the Ethics Board shall not exceed 10 years.”, AND
Delete current §12-18 “Investigations” and Replacing §12-11 with the Amended
“§12-18 Investigations:
A. Upon receipt of a signed, written complaint by any person alleging a violation of this
chapter, or upon determining on its own initiative that a violation of this chapter may exist, the
Ethics Board shall have the power and duty to conduct any investigation necessary to carry out
the provisions of this chapter. The Ethics Board may conduct its investigation as it sees fit. As
part of the investigation, the Ethics Board may, but is not required to, conduct interviews of the
complainant, the subject of the complaint, and other witnesses.
B. For every signed, written complaint it receives and every investigation it conducts, the
Ethics Board shall file a statement of determination with the Town Clerk and the Town Board
when the matter is decided.”
Effective Date: This local law shall take effect thirty (30) days after filing with the Secretary of State.
And be it further
RESOLVED, that a copy of Local Law 03-2026 in its entirety be placed on file in the Town Clerk’s Office
and be posted on the Town’s Website and that a notice of adoption be published once in the Orchard Park
Bee, a newspaper regularly published and having general circulation in the Town, and posted as provided
by law; and be it further
RESOLVED, that the Town Clerk is hereby directed to file Local Law 03-2026 with the Secretary of State
which reads as follows:
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Town of Orchard Park, NY
Chapter 12
ETHICS
ARTICLE I § 12-12. Ethics Board:
Substantive Provisions vacancies.
§ 12-13. Ethics Board:
§ 12-1. _ Definitions. removal of
§ 12-2. Standards of conduct for Town members.
officers and employees. § 12-14, Ethics Board:
§ 12-3. Annual disclosure. minutes.
§ 12-4. Transactional disclosure. § 12-15. Ethics Board:
§ 12-5. Applicant disclosures. meetings.
§ 12-6. Inducement of violations. § 12-16. Ethics Board:
jurisdiction,
§ 12-7. Penalties for offenses.
powers, and duties. ©
§ 12-8. Injunctive relief.
§ 12-17. Review of list
and disclosure
ARTICLE 1 statements.
Administrative Provisions
§ 12-18. Investigations.
§ 12-9. Designation of officers and § 12-19, Hearings;
assessment of
employees required to file
penalties; injunctive relief.
annual disclosure
statements. § 12-20. Advisory
opinions.
§ 12-10. Maintenance of disclosure
statements. § 12-21. Judicial review.
§ 12-11. Ethics Board: establishment; § 12-22. Training and
education.
qualifications of members;
appointment of members; term § 12-23. Annual reports;
of office. review of
Ethics Law.
§ 12-24. Public
inspection of records;
public access to meetings.
§ 12-25. Distribution
to officers. and
employees.
[HISTORY: Adopted by the Town Board of the Town of Orchard Park 3-5-2003 by L.L. No.
2-2003.! Amendments noted where applicable.]
Page 43
1. Editor's Note: This chapter also repealed former Ch. 12, Ethics, consisting of Art. I, Board of Ethics, adopted as Subpart C of
the 1970 Code; and Art. I, Code of Ethics, adopted as Subpart D of the 1970 Code, as amended.
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Town of Orchard Park, NY
§ 12-1 ETHICS § 12-2
ARTICLE I
Substantive Provisions
§ 12-1. Definitions.
Unless otherwise stated or unless the context otherwise requires, when used in this Code the following shall
have the meanings indicated:
APPEAR AND APPEAR BEFORE — Communicating in any form, including, without limitation,
personally, through another person, by letter, telephone, or by any other device.
CUSTOMER OR CLIENT — Any entity or person to whom an officer or employee of the Town of Orchard
Park or his or her outside employer or business has supplied goods or services during the previous calendar
year having, in the aggregate, a value greater than $2,000.
FINANCIAL BENEFIT — Any money, service, license, permit, contract, authorization, loan, travel,
entertainment, hospitality, gratuity or other compensation of anything of value, or any promise thereof.
HOUSEHOLD — All persons living in a single residence whether related or not.
OUTSIDE EMPLOYER OR BUSINESS — Any activity or entity, other than the Town of Orchard Park,
of which a Town officer or employee is an owner, partner, director, officer, employee or member and from
which he or she receives compensation for services rendered or goods sold or produced, or any entity in
which he or she has an ownership interest except a corporation in which he or she owns less than 5% of the
outstanding stock.
RELATIVE —— A spouse, child, step-child, stepparent or any person who is a direct descendant of the
grandparents of the reporting individual or of the reporting individual's spouse, and the spouses of the
aforementioned persons.
TOWN OFFICER OR EMPLOYEE — Any officer, employee or appointee of the Town of Orchard Park,
whether paid or unpaid, which includes, without limitation, all members of any board, commission,
committee or other agency thereof, excluding a judge or justice of the Unified Court System and members
of temporary advisory committees.
§ 12-2. Standards of conduct for Town officers and employees.
A. General prohibition. A Town officer or employee shal! not use his or her official position or office to
take or fail to take any action in a manner which he or she knows or has reason to know may result in
a personal financial benefit for any of the following persons:
(1) The Town officer or employee;
(2) His or her outside employer or business;
(3) A member of his or her household;
(4) A customer or client; or
(5) A relative.
B. Recusal. A Town officer or employee shall promptly recuse himself or herself from acting on a matter
before the Town when acting on the matter, or failing to act on the matter, may financially benefit any
of the persons listed in Subsection A of this section.
C. Gifts. A Town officer or employee shall not directly or indirectly solicit, accept or receive any gift,
Page 45
Town of Orchard Park, NY
§ 12-2 ETHICS § 12-3
whether in the form of money, services, loan, travel, entertainment, hospitality, material goods, thing
or promise or any other form, under circumstances in which it could reasonably be inferred or could
reasonably be expected that the gift was intended to influence such officer or employee in the
performance of his or her official duties or was intended as a reward for any official action or inaction.
Under no circumstances shall an officer or employee accept any gift in excess of the values set forth
pursuant to New York State law.
Representation. A Town officer or employee shall not represent any other person in any matter that
person has before the Town nor represent any other person in any matter against the interests of the
Town.
Appearances. A Town officer or employee shall not appear before any agency of the Town except on
his or her own behalf or on behalf of the Town.
Confidential information. Town officers and employees and former officers and employees shall not
disclose any confidential information or use it to further anyone's personal interests.
Political solicitation. A Town officer or employee shall not knowingly request, or authorize anyone
else to request, any subordinate of that officer or Town employee to participate in an election campaign
or contribute to a political committee. This provision shall not prohibit general mailings or solicitations.
Future employment. A Town officer or employee shall not, within two years after the termination of
service or employment with the Town, appear before any board or agency of the Town of Orchard Park
in relation to any case, proceeding or application in which he or she personally participated during the
period of his or her service or employment or which was under his or her active consideration.
Avoidance of conflicts. Town officers and employees shall not knowingly acquire, solicit, negotiate .
for, or accept any interest, employment, or other thing of value which would put them in violation of
this chapter.
Inducement of others. A Town officer or employee shall not induce or aid another officer or employee
of the Town to violate any of the provisions of this chapter.
Interference with Ethics Board investigation. A Town officer or employee shall not attempt to interfere
with the investigation of any complaint made to the Ethics Board.
No person shall be employed under the supervision of any person described in § 12-2A(2) through (5).
Any person employed under the supervision of such person at the time of the adoption of this local
law? shall be exempt from this local law. [Added 2-4-2009 by L.L. No. 2-2009°]
_ § 12-3. Annual disclosure.
A. The following individuals shall submit an annual disclosure statement: [Amended 2-4-2009 by L.L.
No. 2-2009]
(1) All elected officials;
(2) All department heads;
(3) All members of the Zoning Board, Planning Board, Board of Ethics, Trails Task Force, Board of
Assessment Review, Economic Development Board, Historic Preservation Board, Insurance
Review Committee, Library Board, Open Space Preservation and Farmland Protection Task
2. Editor's Note: “This local law” refers to L.L. No. 2-2009,
3. Editor's Note: This local law also repealed former Subsection K, Insurance Brokers Committee.
Page 46
Town of Orchard Park, NY
§ 12-3 ORCHARD PARK CODE § 12-5
Force, Public Safety Committee, Recreation Commission, Youth Board, Computer and
Information Advisory Commission, Architectural Overlay, Energy Conservation and
Comprehensive Plan Implementation Committee. [Amended 5-25-2011 by L.L. No. 2-2011]
B, Time and place for filing. A Town officer or employee shall file the required annual disclosure statement
with the Town Clerk:
(1) Initially, within 120 days after the effective date of this section; or
(2) Subsequently within 60 days after first becoming subject to the requirements of Subsection A of
this section; and
(3) No later than March | of each year thereafter.
C. Changes in disclosed information. Within 30 days after any change in the information contained in his
or her most recently filed annual disclosure statement, a Town officer or employee shall file with the
Town Clerk a signed amendment to his or her statement indicating the change(s).
D. Contents and form of annual disclosure statement.
(1) The annual disclosure statement shall include the identification of any:
(a) Real property located within the Townor contiguous to the boundary of the Town in which
the Town officer or employee, his or her spouse or any member of his or her household has
a financial interest;
(b) Self-employment or outside employer or business of the Town officer or employee, his or
her spouse or any member of his or-her household which has a business interest with the
Town of Orchard Park or any of its agencies or may reasonably be expected to solicit such
business; and
(c) Investments or interests of the Town officer or employee, his or her spouse, any member
of his or her household or any of his or her relatives in any business, corporation,
partnership, association or other entity which has a business interest with the Town of
Orchard Park or any of its agencies or may reasonably be expected to solicit such business.
(2) The form and any additional contents of the annual disclosure statement shall be determined by
the Ethics Board. -
§ 12-4. Transactional disclosure.
Whenever a Town officer or employee is required to recuse himself or herself under this chapter, he or she
shall: ©
A. Immediately refrain from participating further in the matter;
B. Promptly inform his or her superior, if any; and
C. Promptly file with the Town Clerk a signed statement disclosing the nature and extent of the prohibited
action or, if a member of a board, shall state that information upon the public record of that board.
§ 12-5. Applicant disclosures.
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Town of Orchard Park, NY
§ 12-5 ETHICS § 12-8
A. Whenever an application, petition or request is submitted for an officer or employee of a board,
commission, committee, department or other agency of the Town to take or refrain from taking any
action (other than a ministerial act) that may result in a financial benefit to any person listed in § 12-
2A of this chapter, the applicant shall disclose the name and address of and the nature of the financial
benefit to such person in the application, petition or request to the extent known to the applicant at the
time of submission.
B. Any board, commission, committee, department or other agency of the Town, which receives an
applicant disclosure pursuant to Subsection A of this section, shall promptly file such applicant
disclosure with the Town Clerk.
C. The following statement will be read aloud at the beginning of every public meetingof every board,
commission, committee or other agency of the Town:
"Any person appearing before this (board, commission, committee, agency) who is a relative of, or
who has a financial or business relationship with any officer or employee of the Town of Orchard
Park must disclose the nature and extent of such relationship in accordance with the provisions of
the Ethics Law of the Town of Orchard Park."
§ 12-6. Inducement of violations.
No person shall induce or attempt to induce any other person to violate any of the provisions of this chapter.
§ 12-7. Penalties for offenses.
A. Any Town officer or employee who engages in any action that violates any provision of this chapter
may be warned or reprimanded or suspended or removed from office or employment, or be subject to
any other sanction authorized by law or collective bargaining agreement, by the appointing authority
or person or body authorized by law to impose such sanctions. A warning, reprimand, suspension,
removal, or other authorized sanction may be imposed in addition tot any other penalty contained in
this chapter or in any other provision of law.
B. Any person, whether or not a Town officer or employee, who knowingly and intentionally violates
any provision of this chapter may be subject to a fine not exceeding $250 and/or imprisonment not
exceeding 15 days.
§ 12-8. Injunctive relief.
A. Any person may initiate an action or special proceeding, as appropriate, in the court of appropriate
jurisdiction for injunctive relief to enjoin an officer or employee of the Town from violating this
chapter or to compel an officer or employee of the Town to comply with the provisions of this chapter.
In lieu of, or in addition to injunctive relief, the action or special proceeding, as appropriate, may seek
a declaratory judgment.
B. No action or special proceeding shall be prosecuted or maintained pursuant to Subsection A of this
section, unless:
(1) The plaintiff or petitioner shall have filed with the Ethics Board a sworn complaint alleging the
violation by the officer or employee;
(2) It shall appear by and as an allegation in the complaint or petition filed with the court that at
Page 48
Town of Orchard Park, NY
§ 12-8 ORCHARD PARK CODE § 12-8
least six months have elapsed since the filing of the complaint with the Ethics Board and that the
Ethics Board has failed to file a determination in the matter; and
(3) The action or special proceeding shall be commenced within 10 months after the alleged violation
~ occurred.
Page 49
Town of Orchard Park, NY
§ 12-9 ETHICS § 12-11
_ ARTICLE II
Administrative Provisions
§ 12-9. Designation of officers and employees required to file annual disclosure statements.
A. Within 60 days after the effective date of this chapter, and on or before January 31 of each year
thereafter, the Supervisor of the Town shall:
(1) Cause to be filed with the Ethics Board and the Town Clerk a list of the names and offices or
positions of all Town officers and employees required to file annual disclosure statements
pursuant to § 12-3 of this chapter; and
(2) Notify all such Town officers and employees of their obligation to file an annual disclosure
statement.
For any newly elected or appointed Town officer or employee and for any other person for whom a
determination has been made that he or she is required to file an annual disclosure statement pursuant
to § 12-3 of this chapter and such determination is made after the list prepared pursuant to Subsection
A of this section has been filed for that year, the Supervisor shall promptly file the name and office or
position of such Town officer or employee or other person with the Ethics Board and the Town Clerk
and notify such Town officer or employee or other person of his or her obligation to file an annual
disclosure statement.
§ 12-10. Maintenance of disclosure statements.
A. The Town Clerk shall transmit promptly to the Ethics Board a copy of each disclosure statement filed
pursuant to §§ 12-3, 12-4 and 12-5 of this chapter.
The Town Clerk, on behalf of the Ethics Board, shall index and maintain on file for at least seven years
all disclosure statements filed pursuant to §§ 12-3, 12-4 and 12-5 of this chapter.
All disclosure statements filed pursuant to §§ 12-3, 12-4 and 12-5 of this chapter shall be made
available for public review subject to the provisions of Article 6 (Freedom of Information Law) of the
Public Officers Law of the State of New York.
8 12-11. Ethics Board: establishment; qualifications of members; appointment of members; term of
office. [Amended 2-4-2009 by L.L. No. 2-2009; 4-4-2018 by L.L. No. 4-2018]
A. There is hereby established an Ethics Board consisting of a minimum of five members and two
alternate members, a majority of whom are not otherwise Orchard Park officers or employees. Such
Board may include at least one member who is an elected or appointed municipal officer or employee.
Alternate members shall attend all regular meetings of the Ethic Board but shall not be voting members.
In the event that an Ethics Board member is absent for any reason, an alternate member is hereby
authorized to take the place of the voting absent Ethics Board member.
All members of the Ethics Board shall be residents of the Town of Orchard Park.
The Town Board shall appoint the members of the Ethics Board for staggered terms of five years as
their terms expire. These appointments will occur each January at the Town Board's annual
reorganizational meeting.
The members of the Ethics Board shall not receive compensation but shall be reimbursed for reasonable
expenses incurred in the performance of their official duties.
Except for elected officials, no member of the Ethics Board shall make a contribution to or participate
in any Town of Orchard Park political campaigning pertaining to a specific Town office.
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Town of Orchard Park, NY
§ 12-11 ORCHARD PARK CODE § 12-16
F. Service on the Ethics Board shall not exceed 10 years.
§ 12-12. Ethics Board: vacancies.
When a vacancy occurs in the membership of the Ethics Board, the vacancy shall, within 60 days, be filled
for the unexpired portion of the term in the same manner as the original appointment. Any person appointed
to fill a vacancy of the Ethics Board shall meet the qualifications set forth in § 12-11 of this chapter.
§ 12-13. Ethics Board: removal of members.
A member of the Ethics Board may be removed from office in the same manner in which he or she was
appointed, after written notice and opportunity for reply. Grounds for removal shall be failure to meet the
qualifications set forth in § 12-11 of this chapter, substantial neglect of duty, failure to attend 3 consecutive
meetings, gross misconduct in office, inability to discharge the powers or duties of office, or violation of
this chapter.
§ 12-14. Ethics Board: minutes.
A. The Town Board shall provide legal and clerical assistance to the Ethics Board as required.
B. The official minutes of meetings and case hearings will be approved by the Ethics Board.
C. The official minutes will be recorded and filed with the Town Clerk.
D The minutes of case hearings will be confidential.
§ 12-15. Ethics Board: meetings.
A. The Ethics Board shall conduct an organizational meetingin January of each year, at which time a
chair and a vice-chair shall be elected from among its members.
B. The Ethics Board shall conduct a sufficient number of meetings each year to fulfill its obligations
pursuant to §§ 12-17, 12-22 and 12-23 of this chapter, and at such additional times as may be necessary
to promptly discharge its duties pursuant to §§ 12-18, 12-19 and 12-20 of this chapter. .
C.. An official meeting of the Ethics Board shall require a quorum of three members.
D. A majority vote of the full Ethics Board shall be required for the Ethics Board to take any action.
E. The chair, vice-chair or a majority of the full Ethics Board may calla meeting of the Ethics Board.
§ 12-16. Ethics Board: jurisdiction, powers, and duties.
A. The termination of a municipal officer's or employee's term of office or employment with the Town
shall not affect the jurisdiction of the Ethics Board with respect to the requirements imposed on him
or her by this chapter.
B. The Ethics Board shal! have the following powers and duties:
(1) To prescribe and promulgate rules and regulations governing its own internal organization and
procedures in a manner consistent with this chapter;
(2) To review, index and maintain on file all disclosure statements filed pursuant to §§ 12-3, 12-4
and 12-5 of this chapter:
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Town of Orchard Park; NY
§ 12-16 ETHICS § 12-18
(3) To investigate, index and maintain on file all complaints filed pursuant to § 12-18 of this chapter;
(4) To conduct hearings, recommend disciplinary action, make referrals and initiate appropriate
actions and proceedings pursuant to § 12-19 of this chapter;
(5) To render, index and maintain on file, advisory opinions pursuant to § 12-20 of this chapter;
(6) To provide training and education to Town officers and employees pursuant to § 12-22 of this
chapter;
(7) To prepare an annual report and recommend changes to this chapter pursuant to § 12-23 of this
chapter;
(8) To provide for public inspection of certain records pursuant to § 12-24 of this chapter; and
(9) To select provisions of this chapter for reproduction and distribution pursuant to § 12-25 of this
chapter.
§ 12-17. Review of list and disclosure statements.
A. The Ethics Board shall review:
(1) The list of Town officers and employees filed pursuant to § 12-9 of this chapter in order to
determine whether such list is complete and accurate. The Ethics Board shall promptly notify
the Supervisor of the Town of the name and office or position of any other person not included
on the list whom the Ethics Board determines is required to file an annual disclosure statement
pursuant to § 12-3 of this chapter;
(2) All annual disclosure statements filed with the Town Clerk pursuant to § 12-3 of this chapter in
order to determine whether any person required to file an annual disclosure statement has failed
to file such a statement or has filed a deficient statement or has filed a statement that reveals a
possible or potential violation of this chapter; and
(3) All transactional and applicant disclosure statements filed with the Town Clerk pursuant to §§
12-4 and 12-5 of this chapter in order to determine whether any further action is required under
the provisions of this chapter.
B. If the Ethics Board determines that any person required to file a disclosure statement pursuant to §§
12-3, 12-4 or 12-5 of this chapter has failed to file such a statement or that any disclosure statement
filed with the Town Clerk is deficient or reveals a possible or potential violation of this chapter, the
Ethics Board shall promptly notify the person in writing of his or her failure to file or of the deficiency
or of the potential violation and of the penalties for failure to comply with the provisions of this
chapter.
§ 12-18. Investigations.
A. Upon receipt of a signed, written complaint by any person alleging a violation of this chapter, or upon
determining on its own initiative that a violation of this chapter may exist, the Ethics Board shall have
the power and duty to conduct any investigation necessary to carry out the provisions of this chapter.
The Ethics Board may conduct its investigation as it sees fit. As part of the investigation, the Ethics
Board may, but is not required to, conduct interviews of the complainant, the subject of the complaint,
and other witnesses. -
B. For every signed, written complaint it receives and every investigation it conducts, the Ethics Board
shall file a statement of determination with the Town Clerk and the Town Board when the matter is
decided.
Page 52
Town of Orchard Park, NY
. § 12-18 ORCHARD PARK CODE § 12-20
C. Any person filing a signed, written complaint with the Ethics Board shall be notified in writing when
the matter is decided.
If the Ethics Board is able to dispose of a complaint solely upon the facts stated in the written complaint,
as no further action being required, or not within the purview of the Ethics Board, it shall do so.
However, upon the Ethics Board making a determination that a comprehensive investigation of the
allegations is necessary (i.e., if it intends to conduct interviews of any individuals), the subject of the
complaint shall be notified of the complaint and its allegations (while keeping confidential the
identifying information of the complainant) and provide an opportunity for the subject of the complaint
to make a statement to the Ethics Committee in regard thereto, which may be used in any subsequent
Hearing under § 12-19, if such Hearing is deemed appropriate by the Ethics Board.
If, during the course of its investigation, the Ethics Board finds that the person that is the subject of the
complaint violated additional sections of this chapter or any other law that were not included in the
original complaint, the Ethics Board may — but is not compelled to ~ investigate those findings, without
the need for an additional signed, written complaint.
Nothing in this section shall be construed to permit the Ethics Board to conduct an investigation of
itself or of any of its members or staff. If the Ethics Board receives a complaint alleging that the Ethics
Board or any of its members or staff has violated any provision of this chapter or any other law, the
Ethics Board shall promptly trarismit to the Town Board a copy of the complaint.
§ 12-19. Hearings; assessment of penalties; injunctive relief.
A. Disciplinary action. In its discretion, after a hearing providing for due process procedural mechanisms
and subject to any applicable provisions of law, the Ethics Board may recommend appropriate
disciplinary action pursuant to § 12-7 of this chapter. The recommendation of the Ethics Board shall
be made to the appointing authority or person or body authorized by law to impose such sanctions. The
Ethics Board shall conduct and complete the hearing with reasonable promptness, unless in its
discretion the Ethics Board refers the matter to the authority or person or body authorized by law to
impose disciplinary action or unless the Ethics Board refers the matter to the appropriate prosecutor.
If such referral is made, the Ethics Board may adjourn the matter pending determination by the
authority, person, body, or prosecutor.
Injunctive relief. The Town Board, or the Ethics Board on behalf of the Town, may initiate an action
or special proceeding, as appropriate, in the court of appropriate jurisdiction for injunctive relief to
enjoin a violation of this chapter or to compel compliance with this chapter, as provided in § 12-8 of
this chapter. ,
Prosecutions. The Ethics Board may refer to the appropriate prosecutor possible criminal violations of
this chapter. Nothing contained in this chapter shall be construed to restrict the authority of any
prosecutor to prosecute any violation of this chapter or of any other law.
§ 12-20. Advisory opinions.
A. Upon the written request of any Town officer, employee, or member of a Town agency or board, the
Ethics Board shall render a written advisory opinion with respect to the interpretation or application of
this chapter or of Article 18 of the General Municipal Law of the State of New York as to whether the
Town officer's or employee's interest in any matter which comes before the officer or employee for his
or her determination, decision or recommendation conflicts with his or her official duties. The decision
of the Ethics Board shall be rendered promptly.
Page 53
Any person presenting a matter to a Town officer or employee or to a Town agency or board, other
than acourt, may submit a similar request but only with respect to whether his or her own action might
violate a provision of this chapter or Article 18 of the General Municipal Law.
Upon request for an advisory opinion concerning a Town officer or employee, he or she shall refrain
from taking any action or participating in any hearing or discussionof the matter until an advisory
opinion is rendered.
A prospective officer or employee may submit a request for an advisory opinion as to whether he or
she has an interest, which may conflict with the position, offered or contemplated.
The opinion rendered shall be based only on the facts, which are fully and accurately presented to the
Ethics Board. Ifthe Ethics Board subsequently receives different or additional facts, it may revise the
opinion after giving notice to the applicant offering him or her the opportunity of explaining or
Page 54
Town of Orchard Park, NY
§ 12-20 ETHICS § 12-25
refuting such facts.
F. Advisory opinions shall be confidential. Copies of such advisory opinions shall be sealed, indexed
and maintained on file by the Ethics Board at the Town Clerk's Office.
§ 12-21. Judicial review.
Any person aggrieved by an advisory opinion or decision of the Ethics Board may seek judicial review and
relief pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York.
§ 12-22. Training and education.
The Ethics Board shall:
A. Make information concerning this chapter and Article 18 of the General Municipal Law available to
the officers and employees of the Town, to the public and to persons interested ini doing business with
the Town; and
B. Develop educational materials and an educational program for the officers and employees of the Town
on the provision of this chapter and on Article 18 of the General Municipal Law.
§ 12-23. Annual reports; review of Ethics Law.
A. The Ethics Board shall prepare and submit an annual report to the Supervisor and Town Board,
summarizing the activities of the Ethics Board. The report may also recommend changes to the text
or administration of this chapter. An annual report shall be submitted by the Ethics Board prior to
March | of each year. [Amended 2-4-2009 by L.L. No. 2-2009]
B. The Ethics Board shall periodically review this chapter and its rules, regulations, and administrative
procedures to determine whether they promote integrity, public confidence, and participation in Town
government and whether they set forth clear and enforceable, common sense standards of conduct.
N § 12-24. Public inspection of records; public access to meetings.
A. The only records of the Ethics Board which shall be available for public inspection are those whose
disclosure is required by Article 6 (Freedom of Information Law) of the Public Officers Law of the
State of New York or by some other state or federal Jaw or regulation.
B. No meeting or proceeding of the Ethics Board concerning misconduct, nonfeasance, or neglect in
office by a Town officer or employee shall be open to the public, except upon the request of the officer
or employee or as required by the provisions of Article 7 (Open Meeting Law) of the Public Officers
Law or by some other state of federal law or regulation.
§ 12-25. Distribution to officers and employees.
A. Every Town officer and employee shall be furnished an annual disclosure statement form and a copy
of selected provisions of the Ethics Law in the month of January of each year or at the time of his or
her employment or appointment with the Town.
B. Copies of the entire text of the Ethics Law shall be made available to the public at the office of the
Town Clerk.
C. Failure of the Town to comply with the provisions of this section or failure of any Town officer or
Page 55
Town of Orchard Park, NY
§ 12-25 ORCHARD PARK CODE § 12-25
employee to receive a copy of the provision of this chapter shall have no effect on the duty of
compliance with this chapter or on the enforcement of its provisions.
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Page 56
Local Law 04-2026
TOWN BOARD RESOLUTION DR2 and SMU PARKING LAW
RESOLUTION ADOPTING LOCAL LAW NO. 4 OF 2026 AMENDING CHAPTER 144 OF THE
CODE OF THE TOWN OF ORCHARD PARK REGARDING ERIE COUNTY STADIUM PARKING
WHEREAS, the Town Board of the Town of Orchard Park has determined that the SMU (Stadium Mixed
Use) and DR2 (Development and Research 2) Zoning districts are not included in §144-12 Erie County
Football Stadium Parking; and
WHEREAS, the Town Board finds that their inclusion will assist in the orderly permitting and regulation
of parking on stadium activity dates; and
WHEREAS, the Town Board has reviewed proposed amendments to Chapter 1; and
WHEREAS, a public hearing on the proposed local law was duly advertised and held on July 15, 2026, at
which all persons wishing to be heard were afforded an opportunity to comment; and
WHEREAS, the Town Board has reviewed all comments received and has determined that adoption of the
proposed local law is in the best interests of the Town and its residents; and
WHEREAS, this is an Unlisted SEQR action and a Negative Declaration is hereby made.
NOW, THEREFORE be it
RESOLVED, that the Town Board does hereby adopt Local Law #04-2026 DR2 Stadium Parking Update,
"A Local Law Amending Chapter 144 of the Code of the Town of Orchard Park Regarding Zoning"; and
be it further
RESOLVED, that the Town Board does hereby give authority to the Town Clerk, Town Attorney, and such
other Town officials as may be necessary are authorized and directed to take all actions required to
incorporate the provisions of this Local Law into the Code of the Town of Orchard Park; and be it further
RESOLVED, that the Town Board does hereby direct the Town Clerk to file the adopted Local Law with
the New York State Department of State in accordance with Municipal Home Rule Law §27, and be it
further
RESOLVED, that this Resolution shall take effect immediately, and the Local Law shall take effect upon
filing with the Secretary of State as provided therein. The Local Law is as follows:
Page 57
Additions are underlined
Deletions are denoted by a strikethrough
§ 144-12. Erie County Football Stadium parking. [Amended 4-27-2011 by L.L. No. 1-2011;
8-16-2017 by L.L. No. 13-2017; 9-5-2018 by L.L. No. 9-2018; 9-19-2018 by L.L. No. 10-2018;
9-3-2020 by L.L. No. 6-2020]
A. On any Erie County Football Stadium activity date, residential property owners, may permit
parking for compensation on their premises in the DR-2, SMU, R-3 and R-4 Zones that fall
within a one-mile radius from the center of the Erie County Football Stadium. Said radius is
described on a map which is made part of this chapter. Such map modifies a Zoning Map of
the Town of Orchard Park referred to in § 144-7.
On any Erie County Football Stadium activity date, the property owners in any DR-2, SMU
B-2 or I-1 Zone within the one-mile radius described above may permit parking for
compensation, providing they have obtained a commercial parking permit from the Town of
Orchard Park.
Only parking lots in existence on May 3, 2017, are allowed hereunder, and all others are
specifically prohibited. |
No such allowed parking lot, residential or commercial, shall change its topography or be
expanded beyond its footprint or parking capacity by number of cars beyond that which
existed May 3, 2017.
All such allowed residential parking lots are specifically prohibited to park buses.
Any parking lot, residential or commercial, with outstanding violations from the Code
Enforcement Office shall not be issued a new parking permit.
The above-referenced regulations are subject to enforcement by the Orchard Park Police
Department or any other agency charged with the regulation of traffic, crowd control, and/or
public health and welfare.
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