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HomeMy WebLinkAboutLL #15 2023 NEW YORK STATE DEPARTMENT Or STATE Division of Corporations,State Records and Uniform Commercial Code One Commerce Playa,99 Washington Avenue Albany,NY 12231-0001 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicateinew matter. FILED STATE RECORDS ❑ County ❑ City 2 6 2A2 Q Town of SOUTHOLD ❑ Village tY� Local Law No. 15 of the year 2023. A Local Law entitled, "A,Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks" Be it enacted the Town Board of the: ❑ County ❑ City CEJ Town of SOUTHOLD ❑ Village I. Purpose. To amend Chapter 237 in regard to curb cutting and sidewalks. 11.Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: CHAPTER 237 Streets and Sidewalks Highway Excavations § 237-4 Short title. This article shall be known and may be cited as the"Highway Excavation Law of the Town of Southold." i' § 237-6 Permit required. A. No person,firm or corporation,public service,water, light or power authority shall snake any curb cuts, road openings or excavate in any street,highway or sidewalk in the Town for any purpose,nor remove from or deposit any material on any highway or intentionally injure any highway or cause to be dug or made any hole or excavation in or under a highway or cause to be erected thereon or therein any object, without first obtaining a permit from the Superintendent of Highways as hereinafter provided. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239-f-I(Rev.04/14) 1 OFFO(lrco - DENIS NONCARROWo~� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 ti = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ��l .� Telephone 765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 19, 2023 Priority Mail Express EI 011 98? 602 US RE: Local Law No. 15, 16, & 17 of 2023 Town of Southold, Suffolk County New York State Department of State State Records &Law Bureau One Commerce Plaza 99 Washington Avenue Albany,NY 12231 Dear Sir/Madam: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law No. 15, 16 & 17 of 2023 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Sabrina M. Born Deputy Town Clerk Enclosures cc: Town Attorney e NEW YORK STATE DEPARTMENT OF STATE Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Albany,NY 12231-0001 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City Q Town of SOUTHOLD ❑ Village Local Law No. 15 of the year 2023. A Local Law entitled, "A Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks" Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village I. Purpose. To amend Chapter 237 in regard to curb cutting and sidewalks. II. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: CHAPTER 237 Streets and Sidewalks Highway Excavations § 237-4 Short title. This article shall be known and may be cited as the "Highway Excavation Law of the Town of Southold." § 237-6 Permit required. A. No person, firm or corporation, public service, water, light or power authority shall make any curb cuts, road openings or excavate in any street, highway or sidewalk in the Town for any purpose, nor remove from or deposit any material on any highway or intentionally injure any highway or cause to be dug or made any hole or excavation in or under a highway or cause to be erected thereon or therein any object, without first obtaining a permit from the Superintendent of Highways as hereinafter provided. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239-f-1(Rev.04/14) 1 B. Upon application in writing filed with the Superintendent of Highways, stating the purpose, extent, location and nature of proposed curb cuts, road openings or excavations or other disturbance of a street or highway in the Town, the Town Superintendent of Highways may grant or refuse a permit therefor. C. If the application for a permit is denied, the Highway Superintendent shall send the applicant written notification of the denial and shall state the reason for denial. D. No permit shall be issued for an opening on any roadway which has been resurfaced, reconstructed or newly constructed by the Town of Southold during a period of five calendar years previous to the application date, except for permits for emergency openings. The prohibitions stated in this Subsection shall not apply to applications to install new gas connections to residential properties. In such an instance, remedial measures that include full width mill and fill work and resurfacing of the area of the disturbance and the adjacent twenty feet surrounding said disturbance. E. Except in cases of a demonstrated emergency, no road openings shall be made, and no applications for road opening permits may be filed with the Superintendent of Highways between the period December 1 through March 31 of each calendar year. § 237-7 Application-requirements Any person desiring a permit shall make application to the Superintendent, upon forms to be provided by him, which application shall set forth the following: A. The name and address of the applicant, precise location of the proposed work, including street address and Suffolk County Tax Map Number of the affected parcel(s). B. A reasonably adequate description of the proposed work and the reason therefor. § 237-12 Protective measures. A. Any person making an excavation pursuant to this article shall erect a suitable barrier, guard and/or traffic bearing plates a/k/a"road plates" for the protection of persons using the streets or sidewalks and, in addition thereto, shall set up and maintain during the hours of darkness sufficient lights or flares or retroreflective barricades to properly illuminate or delineate the work area and shall also take all necessary precautions for the protection of the Town and of public service companies or municipal districts and adjoining property owners and others which might be endangered by such excavations or the work incident thereto and shall comply with all directions given by the Superintendent with respect to such barriers, lights, flares and protective measures. The barriers and lighting devices shall conform to the specifications set forth in the United States Department of Transportation Manual on Uniform Traffic Control Devices, and any amendments thereto. The road opening or excavation shall be lit continuously from twilight to dawn. A minimum of four flashers must be used at the construction site or along the right-of-way as required by the Highway Superintendent. B. The permittee shall notify the Southold Police Department of the condition of the unfinished road opening or excavation and furnish the Police Department with contact information. Any road opening or excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 50 feet of the fire hydrants and connections. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of material or other obstructions. § 237-13 Permit requirements. F. Final pavement replacing. (3) If temporary patching is not accomplished, final pavement must be completed within 20 days of opening. If temporary patching is accomplished as specified, then final pavement must be completed within 30 days of temporary patching or within such additional time as may be authorized by the Superintendent, at his discretion, upon application. I. Notification. Upon the issuance of a road opening permit, the applicant shall provide a forty-eight-hour written notice to the Highway Superintendent, or his duly authorized representative, prior to making any road openings, except in cases of emergency as provided for herein.No openings shall be commenced 2 on a Saturday, Sunday or a holiday unless in cases of emergency. K. Driveway and curb cut specifications for residential (noncommercial) use. Each curb cut and driveway for noncommercial use constructed under a permit issued pursuant to this chapter shall be constructed in accordance with the following specifications: 1. Curb cuts for dwellings shall be no greater than 10 feet for one-car access at the curbline. 2. Curb cuts for dwellings shall be no greater than 18 feet for two-car access at the curbline. 3. For corner properties, the minimum distance permitted between any curb cut and the property line forming the adjoining street extended to the curbline shall be 30 feet. 4. A minimum distance of 10 feet from side property lines shall be maintained when measured from the expansion joint. 5. Curb cuts shall be at least 10 feet from the nearest utility pole, storm drain and fire hydrant/Fire Department connection. 6. Curb cuts shall have a reveal of no less than 3/4 of an inch. 7. Driveway aprons adjacent to concrete sidewalks shall be made of concrete. Residential driveway aprons and adjacent concrete sidewalk shall be reinforced and be six inches thick. An empty one- inch schedule PVC electrical conduit may be required by the Highway Department to be provided below the apron. Driveway aprons utilizing decorative materials installed adjacent to an asphalt roadway shall not be installed closer than three feet to the edge of the asphalt road surface. 8. Curb cuts and driveway aprons may be made of asphalt or other alternative material and shall delineate between the driveway apron and the street. Curb cuts made of anything other than concrete or asphalt require a declaration of waiver and release of claims against, and indemnification of, the Town of Southold. L. Driveway and curb cut specifications for commercial use. Each curb cut and driveway for commercial use constructed under a permit issued pursuant to this chapter shall be constructed in accordance with the following specifications: 1. Curb cuts for commercial use shall be not greater than 25 feet at the,curbline. However, should the applicant prove a requirement of greater width in order to accommodate larger vehicles, consideration for such greater width may be given. 2. For corner property, the minimum distance'permitted between any commercial-use curb cut and the property line forming the adjoining street extended to the curbline shall be 40 feet. 3. A minimum distance of 15 feet from side property lines shall be maintained at the curbline for all commercial-use curb cuts when measured from the expansion joint. 4. Commercial driveway aprons and adjacent concrete sidewalk shall be reinforced and be eight inches thick. An empty one-inch schedule PVC electrical conduit may be required by the Highway Department to be provided below the apron. 5. Commercial-use curb cuts may be supplemented by additional commercial-use curb cuts, provided that all such curb cuts are not less than 25 feet, one from the other, at the curbline, and the application otherwise meets all requirements herein. 6. Curb cuts shall be at least 10 feet from the nearest utility pole, storm drain and fire hydrant/Fire Department connection. 7. Curb cuts shall have a reveal of no less than 3/4 of an inch. M. Circular driveway guidelines. To comply with the Southold Highway Department's guidelines,the following are the requirements necessary in order to obtain permission to obtain road opening permits to install a circular driveway: 1. A minimum property frontage measurement of 100 feet is required. 2. Upon application for a permit, the Highway Department may allow for a circular driveway, the width of the curbcut and driveway radius to be determined by the Highway Superintendent. 3. Curb cut openings must remain at least 10 feet from each side property line. 4. Curb cut openings must remain at least 10 feet from any existing trees, light posts or fire hydrants, utility poles, storm drains and fire hydrant/Fire Department connections. 3 § 237-14 Completion reimbursement and assessment. The applicant shall notify the superintendent when work has been completed, after which an inspection will be made by the Superintendent or his duly authorized agent, and upon approval of the work, a release will be granted to the applicant. Until the granting of such a release, the applicant shall remain liable for proper guarding and protection as provided herein. Each application shall authorize the Highway Superintendent to complete the repair, construction or reconstruction whenever the Superintendent finds reasonable cause to conclude that the applicant failed, refused or neglected to complete such repair, construction or reconstruction. The Town shall be reimbursed for the cost of such repair, construction or reconstruction from the applicant or through the assessment against and collection from the lots or parcels of land where such work was performed or services rendered for so much of the actual and complete costs as incurred upon and from each lot or lots. § 237-15 Revocation. The Superintendent, upon a finding that the issuance of a permit was illegal or unauthorized or that the applicant has failed to comply with any of the terms and conditions of the permit or of this article, may revoke the permit, and the applicant shall thereupon, with all reasonable speed, forthwith restore the highway to its former condition. § 237-16 Responsibility for damages; repair. The person to whom such permit is issued shall be responsible for all damages caused to public utilities. Said permittee shall hold the Town of Southold and its officers harmless against any and all claims,judgments or other costs arising out of the work conducted or for which the Town of Southold or any Town officer may be made liable by reason of any damage or injury to person or property through the fault of the permittee. Permittee shall restore and place in good and safe condition, as nearly as it can be to its original condition and to the satisfaction of the Superintendent of Highways, all openings and excavations made in the streets and to maintain any street where an excavation is made in a condition as good as before said work shall have been done, for the period of 12 months after said work shall have been done, usual wear and tear excepted. Any settling of the surface within said one-year period shall be deemed conclusive evidence of defective backfilling by the permittee. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 4 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 15 of 20 23 . of the(Goun4y)(Gi (Town)PA4age) of SOUTHOLD was duly passed by the TOWN BOARD on July 18 , 20 23 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village) of was duly passed by the on 20 , and was(approved)(not approved)(re-passed after disapproval)by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was(approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or, If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239-f-1(Rev.04/14) 5 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York,having been submitted to the electors at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk of the County legislative body, City, Town or (Seal) Village Clerk or officer designated by local legislative body Denis Noncarrow,Town Clerk Date: July 19,2023 DOS-239-f-1(Rev.04/14) 6 RESOLUTION 2023-661 ADOPTED DOC ID: 19345 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-661 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 18,2023: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 6th day of June, 2023, a Local Law entitled "A Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks" and, WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard,Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks" reads as follows: LOCAL LAW NO. 15 of 2023 A Local Law entitled, "A Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To amend Chapter 237 in regard to curb cutting and sidewalks. H. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: CHAPTER 237 Streets and Sidewalks Article II - Highway Street Excavations § 237-4 Short title. This article shall be known and may be cited as the "Highway Excavation Law of the Town of Southold." § 237-6 Permit required. A. No person firm or corporation public service water, light or power authority shall make M curb cuts road openings or excavate in any street highway or sidewalk in the Town for M purpose nor remove from or deposit any material on any highway or intentionally injure any highway or cause to be dug or made any hole or excavation in or under a highway or cause to be erected thereon or therein any object, without first obtaining a permit from the Superintendent of Highways as hereinafter provided. Resolution 2023-661 Board Meeting of July 18, 2023 No per-son sha4l remove from or-deposit on any highway any material or-intentional4y ii�ufe any highway or eause to be dug or-made any hole or exea-vation in or-tmder- B. Upon application in writing filed with the Superintendent of Highways, stating the purpose, extent, location and nature of proposed curb cuts,road openings or excavations or other disturbance of a street or highway in the Town, the Town Superintendent of Highways mgy grant or refuse a permit therefor. This seetion shall be appheable to and prohibit individuals from depositing materials o publie highways as a result of impr-ovement and grading of their propert�,.- C. If the application for a permit is denied, the Highway Superintendent shall send the applicant written notification of the denial and shall state the reason for denial. D. No permit shall be issued for an opening on any roadway which has been resurfaced, reconstructed or newly constructed by the Town of Southold during a period of five calendar years previous to the application date, except for permits for emergency openings. The prohibitions stated in this Subsection shall not apply to applications to install new gas connections to residential properties. In such an instance, remedial measures that include full width mill and fill work and resurfacing of the area of the disturbance and the adjacent twenty feet surrounding said disturbance. E. Except in cases of a demonstrated emergency, no road openings shall be made,'and no applications for road opening permits may be filed with the Superintendent of Hi hg ways between the period December 1 through March 31 of each calendar year. § 237-7 Applications requirements Any person.desiring a permit shall make application to the Superintendent, upon forms to be provided by him, which application shall set forth the following: A. The name and address of the applicant precise location of the proposed work, including street address and Suffolk County Tax Map Number of the affected parcel(s). B. A reasonably adequate description of the proposed work and the reason therefor. ineluding a deser-iption of the loeation of the proposed work. § 237-12 Protective measures. A. Any person making an excavation pursuant to this article shall erect a suitable barrier, or guard and/or traffic bearing plates a/k/a"road plates"for the protection of persons using the streets or sidewalks and, in addition thereto, shall set up and maintain during the hours of darkness sufficient lights or flares or retroreflective barricades to properly illuminate or delineate the work area and shall also take all necessary precautions for the protection of the Town and of public service companies or municipal districts and adjoining property owners and others which might be endangered by such excavations or the work incident thereto and shall comply with all directions given by the Superintendent with respect to such barriers, lights, flares and protective measures. The barriers and lighting devices shall conform to the specifications set forth in the United States Department of Transportation Manual on Uniform Traffic Control Devices, and any amendments thereto. The road opening or excavation shall be lit continuously from twilight to dawn A minimum of four flashers must be used at the construction site or alongthe right-of-wayas required by the Highway Superintendent. B The permittee shall notify the Southold Police Department of the condition of the unfinished road opening or excavation and furnish the Police Department with contact Updated: 7/19/2023 10:56 AM by Sabrina Born Page 2 Resolution 2023-661 Board Meeting of July 18, 2023 information. Any road opening or excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 50 feet of the fire hydrants and connections. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of material or other obstructions. § 237-13 Permit requirements. F. Final pavement replacing. (3) If temporary patching is not accomplished, final pavement must be completed within 20 days of opening. If temporary patching is accomplished as specified, then final pavement replacing must be completed within 30 days of temporary patching or within such additional time as may be authorized by the Superintendent, at his discretion, upon application. I. Notification. The appliearA will be responsible to notify the Superintendent 24 hours *� street opening and elosi rt Upon the issuance of a road opening permit, the applicant shall provide a forty-eight-hour written notice to the Highway Superintendent, or his duly authorized representative prior to making any road openings,_except in cases of emergency as provided for herein No openings shall be commenced on a Saturday Sunday or a holiday unless in cases of emergency. ' K Driveway and curb cut specifications for residential (noncommercial) use. Each curb cut and driveway for noncommercial use constructed under a permit issued pursuant to this chapter shall be constructed in accordance with the following specifications: 1 Curb cuts for dwellings shall be no greater than 10 feet for one-car access at the curbline. 2 Curb cuts for dwellings shall be no greater than 18 feet for two-car access at the curbline. 3 For corner properties the minimum distance permitted between any curb cut and the property line formingthe he adjoining street extended to the curbline shall be 30 feet. 4 A minimum distance of 10 feet from side property lines shall be maintained when measured from the expansion joint. 5 Curb cuts shall be at least 10 feet from the nearest utility pole, storm drain and fire hydrant/Fire Department connection. 6. Curb cuts shall have a reveal of no less than 3/4 of an inch. 7 Driveway aprons adjacent to concrete sidewalks shall be made of concrete. Residential driveway aprons and adjacent concrete sidewalk shall be reinforced and be six inches thick An empty one-inch schedule PVC electrical conduit may be required by the Highway Department to be provided below the apron. Driveway aprons utilizing_decorative materials installed adjacent to an asphalt roadway shall not be installed closer than three feet to the edge of the asphalt road surface. 8 Curb cuts and driveway aprons may be made of asphalt or other alternative material and shall delineate between the driveway apron and the street. Curb cuts made of anything other than concrete or asphalt require a declaration of waiver and release of claims against and indemnification of, the Town of Southold. L Driveway and curb cut specifications for commercial use. Each curb cut and driveway for commercial use constructed under a permit issued pursuant to this chapter shall be constructed in accordance with the following specifications: Updated: 7/19/2023 10:56 AM by Sabrina Born Page 3 Resolution 2023-661 Board Meeting of July 18, 2023 1. Curb cuts for commercial use shall be not greater than 25 feet at the curbline. However, should the applicant prove a requirement of greater width in order to accommodate larger vehicles, consideration for such greater width may beig ven. 2. For corner property, the minimum distance permitted between any commercial- use curb cut and the property line formingthe adjoining street extended to the curbline shall be 40 feet. 3. A minimum distance of 15 feet from side property lines shall be maintained at the curbline for all commercial-use curb cuts when measured from the expansion of int. 4. Commercial driveway aprons and adjacent concrete sidewalk shall be reinforced and be eight inches thick. An empty one-inch schedule PVC electrical conduit may be required by the Highway Department to be provided below the apron. 5 Commercial-use curb cuts may be sLipplemented by additional commercial-use curb cuts provided that all such curb cuts are not less,than 25 feet, one from the other, at the curbline and the application otherwise meets all requirements herein. 6 Curb cuts shall be at least 10 feet from the nearest utility pole, storm drain and fire hydrant/Fire Department connection. 7. Curb cuts shall have a reveal of no less than 3/4 of an inch.. M Circular drivewpy guidelines. To comply with the Southold Highway Department's guidelines the following are the requirements necessary in order to obtain permission to obtain road opening; permits to install a circular driveway: 1 A minimum property frontage measurement of 100 feet is required. 2 Upon application for a permit the Highway Department may allow for a circular driveway,the width of the curbcut and driveway radius to be determined by the Highway Superintendent. 3 , Curb cut openings must remain at least 10 feet from each side property line. 4 Curb cut openings must remain at least 10 feet from any existing trees, light posts or fire hydrants utility_poles storm drains and fire hydrant/Fire Department connections. § 237-14 Completionotwor�reimbursement and assessment. The applicant shall notify the superintendent when'work has been completed, after which an inspection will be made by the Superintendent or his duly authorized agent,and upon approval of the work, a release'will be granted to the applicant. Until the granting of such a release,the applicant shall remain liable for proper guarding and protection as provided herein. Each application shall authorize the Highway Superintendent to complete the repair, construction or reconstruction whenever the Superintendent finds reasonable cause to conclude'that the applicant failed, refused or neglected to complete such repair, construction or reconstruction. The Town shall be reimbursed for the cost of such repair, construction or reconstruction from the applicant or through the assessment against and collection from the lots or parcels of land where such work was performed or services rendered for so much of the actual and complete costs as incurred upon and from each lot or lots. § 237-15 Revocation. The Superintendent, upon a finding that the issuance of a permit was illegal or unauthorized or that the applicant has failed to comply with any of the terms and conditions of the permit or of this article, may revoke the permit, and the applicant shall thereupon, with all reasonable speed, forthwith restore the highway to its former condition. Updated: 7/19/2023 10:56 AM by Sabrina Born Page 4 Resolution 2023-661 Board Meeting of July 18, 2023 § 237-16 Responsibility for damages; repair. The person to whom such permit is issued shall be responsible for all damages caused to public utilities , or-water-main with new pipe and repair-or-r-eplaee damaged ditehes, eurbs, sidewa 61 -.1 1_1 Inprevements so that they shall be in the sarne or-better- eondition after-the exeavation as before the exea-vation. Said permittee shall hold the Town of Southold and its officers harmless against any and all claims,judgments or other costs arising out of the work conducted or for which the Town of Southold or any Town officer may be made liable by reason of any damage or injury to person or property through the fault of the permittee. Permittee shall restore and place in good and safe condition, as nearly as it can be to its original condition and to the satisfaction of the Superintendent of Highways, all openings and excavations made in the streets and to maintain any street where an excavation is made in a condition as good as before said work shall have been done, for the period of 12 months after said work shall have been done, usual wear and tear excepted. Any settling of the surface within said one-year period shall be deemed conclusive evidence of defective backfilling by the permittee. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Denis Nonearrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Greg Doroski, Councilman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell Updated: 7/19/2023 10:56 AM by Sabrina Born Page 5 COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE CHRISTOPHER GONZALEZ COMMISSIONER ELISA PICCA CHIEF DEPUTY COMMISSIONER DEPUTY COMMISSIONER June 16,2023 RECEIVED Town of Southold 53095 Main Road P.O. Box 1179 JUN 2 0 2023 Southold,NY 11971 Attn: Denis Noncarrow, Town Clerk Southold Town Clerk Applicant: Town of Southold Zoning Action: Adopted Reso 2023-537 A Local Law amending Chapter 237 Streets and Sidewalks in Relation to Sidewalks S.C.P.D. File No.: SD-23-LD Dear Mr. Noncarrow: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, By Christine DeSalvo Andrew P. Freleng, Chief Planner Division of'Planning &Environment APF/cd 1 LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 Y�IT�: • • rK•rr:7�*���:I��Y��3rl•7JL•7PI�7��Placi' ■ Complete items 1,2,and 3. A. Signature ■ Print youF name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C.Date of Delivery or on the front if space permits. -'—, 1. Article Addressed to: D. Is delivery address different from item 1?i��Yes S.C.Dept. of Economic Developement . If YES,enter delivery a die'ss below: �'El No &Planning13 H. Lee Dennison Bldg.-4th Fl s 100 Vets Mem Hwy/P.O. Box 6100 ;yO Hauppauge,NY 11788 .1`n`I 3. Service Type ❑Priority Mail Express@ II I IIII'I IIII I'I I II II II III I III III II I II I II I III ❑Adult Signature ❑Registered Mai ❑Adult Signature Restricted Delivery ❑Registered Maill Restricted X Certified Mail@ Delivery 9590 9402 7131 1251 6912 27 ❑Certified Mail Restricted Delivery ❑Signature ConflrmationTM ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery �uredMail -7014- -1200- 0001 6743 ,5315 rred Mil Restricted Delivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACIONG# First-Class.Mail Postage&.Fees Paid USPS Permit No.G-10 9590 9402 7131 1251 6912 27 United States •Sender:Please print your name,address,and ZIP+4®in this box* Postal Service OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Denis Nonearrow, Town Clerk PO Box 1179 Southold,NY 11971 .a3� JJlJ,1l,lJ,,,J„'1JJll1ll!p,lllJll,!!,J!>>>JJ>>i1 J1111J „JJI JJ �! y��17�: •1/'_ • •+r'��Y��/6Y.Yxi�irL•I►�H]►�I�]�AI9�:i' ■ Complete items 1;2,and 3. A. Signat ■ Print your name and address on the reverse 13 Agent so that we can returrl'the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, . Re eived by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is deliveryaddress different'frorri,�em 1? ❑Yes If YES,enter t ry address below: L3 No LI,State Park Commission 1 ' Belmont Lake State Park PO Box 247 Babylon,NY 11702 I -- _ 3. Service Type ❑Priority Mail Express® II I IIIIII IIII III I II II II III I III III II I II III II III ❑Adult Signature ❑Registered Mail ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted XCertified Mall® Delivery 9590 9402 7131 1251 6912 58 ❑Certified Mail Restricted Delivery ❑signature Confirmation^+ ❑Collect on Delivery ❑Signature Confirmation 2—Article Number(Transfer from service label)___ ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑ 7,0141 1200 10001Insured Mail .fI�,�y, jf ��,;j►, TfnsuredMilliRijr1prdPiiglpylli'rl PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACIUNG# First-Class Mail Postage&Fees Paid 1111111111111111111111111111 1 111111 USPS Permit No.G-10 9590 9402 7131 1251 6912;;58 United States °Sender: Please' rint your name,address,and ZIP+4®in this box* Postal Service - OFETCE OF THE TOWN CLERK I .;:;TOWN OF SOUTHOLD Denis Noncarrow,Town Clerk PO Box 1179 Southold,NY 11971 .as • is r ,- - o��gUFfO(�►co " _ DENIS NONCARROW �� G.y Town Hall,53095 Main Road TOWN CLERK p- P.O.Box 1179 ti Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ro •F Fax(631)765-6145 MARRIAGE OFFICERy RECORDS MANAGEMENT OFFICER ��,( �a0 Telephone 765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 8, 2023 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on Tuesday, July 181h, 2023 at the Southold Town Hall, 53095 Main Road, Southold,NY: "A Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks" Please sign this letter and return to me at your earliest convenience. Thank you.- i�L ��, Denis Noncarrow Southold Town Clerk Attac ents cc: Suffolk County Dept of Planning song Island State Park-Commission 01h I aoo 0001 WN3 5315 o)q 1ao6 0,001 bltlZ 5308 Email: Town of Riverhead Town of Shelter Island ,/Town of Southampton ✓�outhold Building Dept ✓Southold Planning Dept -/! outhold Trustees v�outhold Assessors /Southold ZBA Village of Greenport Signature, Received by Date Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK. DENIS NONCARROW 'R .•:,: ,: "t, Town Hall,53095 Main Road TOWN CLERKr "'m= P.O.Boa 1179 "�" ^ Southold,New York 11971 ' sw.' S""�'whit• ' i REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ` . ` www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 8,2023 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on Tuesday;July 1811i,2023'at the Southold Town Hall, 53095 Main Road, Southold,NY: "A Local Law Amending Chanter 237 Streets and Sidewalks in Relation to sidelvalt s" Please sign this letter and return to me at your earliest convenience. Thank you. RECEIVED JUL —1 2023 Denis Noncarrow Southold Town Clerk Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village o Crreenpo l Signature,Received by Date t0f,ke. L6&,- Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK. DENIS NONCARROW ;,y ® Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 +-" „ REGISTRAR OF VITAL STATISTICS Fax(631)765-6145` � fl".�. � . MARRIAGE OFFICER ' w" ��? ,. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ". '11 jvww.southoldtownnygov FREEDOM OF INFORMATION OFFICER �. OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 8,2023 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING-on the proposed Local Law listed below on Tuesday, Hyl 18!x`:.2023 at the Southold Town Hall, 53095 Main Road, Southold,NY: "A Local La*Amendin6 Cha ter..237 Str"eels-and Sidewalks,in Relation`ta sidcwallis" Please sign this letter and return to me at your earliest convenience. Thank you. RECEIVED 20 Denis Noncarrow Southold Town Clerk Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport ignature,•Receive,.d,by Date ��'�-•�,.,��. `OWE \ �CA.������ �� - 5� Title Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK. o��gVfFO�,I►�OG DRNIS NONCAR,R.OW �� .f, Town Hall,53095 Main Road TOWN CLERK o P.O.Box 1179 0 COD 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS %95 Fax(631)765-6145 MARRIAGE OFFICER A RECORDS MANAGEMENT OFFICER �ol _ �aO Telephone oldt 765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov RECEIVED OFFICE OF TBE TOWN CLERK TOWN OF SOUTHOLD JUN 1 3 2023 June 8, 2023 SC ECO DEV & PLANNING PL-EA--SE-T--A-IC�N-OTI-CE th- t-the-T-ownBoard-of the-Town-of SoutY..old-wll-1-hol-d a RUD-L-3C rIE-ARI-TGon_...._.__....--- the proposed Local Law listed below on Tuesday,July 1811, 2023 at the Southold Town Hall, 53095 Main Road, Southold,NY: "A Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks" Please sign this letter and return to me at your earliest convenience. Thank you. RECEIVED c JUN 2 0 2023 Denis Noncarrow Southold Town Clerk Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long'Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport ture, Received by Date Please print name litle DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK. DENIS NONCARROW ��Q �y. Tbwc Hall,53095 Main Road TOWN CLERKa P.O.Bog 1179 ears 2e' . Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Q Fax(631)765-6145 MARRIAGE OFFICERO add.. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER .f `� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER RECEIVED OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD JUN - 8 2023 June s,2023 Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on Tuesday; uly 1.8!%.2023.at the Southold Town Hall, 53095 Main Road,Southold,NY: "&Local Law Amendinz-.Chapter 237 Streets and SidewaR s in Relatioti to sidewalkf i Please sign this letter and return to me at your earliest convenience. Thank you. W � l.i' Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Signature,Received by Date Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK. FOL DENIS NONCARROW �� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER � Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ,� g www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER RECEIVER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD JUN - 8 2023 June 8,2023 Southold Town Clary PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on Tuesday,July 18111,2023 at the Southold Town Hall, 53095 Main Road, Southold,NY: "A Local Law Amending Chanter 237 Streets and Sidewalks in Relation to sidewalks" Please sign this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments - cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Signature, Received by Date �& / _A6-Ik WU4 te-�' A,� o Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK. o��g�FfO(,�co DENIS NONCARROW h� l/,y Town Hall,53095 Main Road TOWN CLERK co P.O.Box 1179 - COD a Southold,New York 11971 REGISTRAR OF VITAL STATISTICS O Fax(631)765-6145 MARRIAGE OFFICER y RECORDS MANAGEMENT OFFICER *A' Telephone��� Telephone 765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov RECEIVED OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD JUN 2 8 2023 June 8, 2023 Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on Tuesday,July 18th, 2023 at the Southold Town Hall, 53095 Main Road, Southold,NY: "A Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks" Please sign this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport r 0- L , A��- - r/I / -,-2 (, / ;�0 Si a ure, Received by Date -Tr I7c ei-e KTLk t1fetase print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK. DENIS NONCARROW ��, .y, Town Hall,53095 Main Road TOWN CLERK %� P.O.Bog 1179 Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS � � .�:`: Fax(631)765-6145 MARRIAGE OFFICER ® Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK RECEIVED TOWN OF SOUTHOLD JUN - 8 2023 June 8,2023 Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below onTuesday,.Jaly 18111,102-3.at the Southold Town Hall, 53095 Main Road, Southold,NY: "A Local Law-AmenAfn Chapter.237 Streets and Sidewalks.in Relation to sidewalks" Please sign this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA.' Village of Greenport Signature, Rec v y Date c Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK. DENIS NONCAR.ROW ' ." ; Town Hall,53095 Main Road TOWN CLERK q p P.O.Bog 1179 `•< •• .: ';." Southold,New York 11971 REGISTRAR OF VITAL STATISTICSFax(631)765-6145 MARRIAGE OFFICER ,'e! Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER . �' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER RECEIVED OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD JUN 15 2023 June 8,2023 Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a_PUBLIC HEARING on the proposed Local Law listed below on Tuesday,July 181h,2023 at the Southold Town Hall, 53095 Main Road, Southold,NY. "A-Local Law Amending Clea ter 237 Streets and Sidewalks in Relation to sideivalks" Please sign this letter and return to me at your earliest convenience. Thank you. • � Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport 4Sienrc,""Receive—d by Date Please print name Title DUPLICATE TO BE,SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK. DENIS NONCARROW f Town Hall,53095 Main Road ,��.+. TOWN CLERK t :� ' P.O.Box 1179 tta. Southold,New York 11971 Fax(631)T65-6145 REGISTRAR OF VITAL STATISTICS p',. .. : MARRIAGE OFFICER '' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER .' , '" www.southoldtownnygov FREEDOM OF INFORMATION OFFICER RECEIVED�9 y� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD JUN - 8 2023 June 8,2023 Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on Tuesday,'3uly, 111%,2023-at the Southold Town Hall, 53095 Main Road, Southold,NY: "A Lootaw Amend.ing Chnoter 237 Streets.and Sidewalks-in"Relation to sidewalks" Please sign this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees So thold Ass or Southold ZBA illa' f Or. po Signature,Received by Date Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK. i ef15b9ob-dd8d-4b2f-9551-32a63b3cdc82 sabrina.born@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice, a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: June 29, 2023 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such, is eligible to publish such notices. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 29 day of June 2023 ota y Sign u4re p STATE Or NEW YORK% hOTARYPUBLIC' N C1O'. OIRE63984•13 .' � a Notary Public Stamp ,sJ°°°1✓i fs`SI�N GXP��C�o`�,``,a °,°jda�el�uu�NN►�`` SOUTHOLD TOWN CLERK 1 i I r i ef15b90b-dd8d-4b2f-9551-32a63b3cdc82 sabrina.born@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold,Suffolk County, New York, on the 6th day of June, 2023, a Local Law entitled "A Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks"and, NOTICE IS HEREBY FURTHER GIVEN,that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall,53095 Main Road,Southold, New York,on the 18th day of July, 2023 at 4:30 PM., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law Amending Chapter 237 Streets and Sidewalks in' Relation to sidewalks" reads as follows: LOCAL LAW NO. 2023 - A Local Law entitled, "A Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose.To amend Chapter 237 in regard to curb cutting and sidewalks. A complete copy of this proposed Local Law is available on the Southold Town website: southoldtownny.gov or by contacting the Town Clerk's Office. SOUTHOLD TOWN CLERK 2 I i ef15b90b-dd861-4b2f-9551-32a63b3cdc82 Sabrina.born @town.southo Id.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times BY NOTICE OF THE TOWN BOARD DATED JUNE 6th, 2023 DENIS NONCARROW SOUTHOLD TOWN CLERK i 3 SOUTHOLD TOWN CLERK i i 1 Times Review Media Group Invoice #: ef15b90b The Suffolk Times Date: 06/08/2023 . Bill To Customer Email SOUTHOLD TOWN CLERIC sabrina.born@town.southold.ny.us Affidavits will be mailed or emailed (as ordered) 7 days AFTER THE LAST INSERTION DATE. Description Publish Date Amount PUBLIC 06/29/2023 $35.17 Affidavit(eMail) 1 $25.00 Affidavit(Mail) 0 $0.00 Total: $60.17 Please remit checks payable to: Balance: $60.17 Times Review Media Group PO Box 1500 Mattituck, NY 11952 The invoice number MUST be included on your check to ensure that your payment is applied correctly. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold,Sufft k County,New York,on the 6 day of June,2023, a Local Law entitled"A Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks"and, NOTICE IS HEREBY FURTHER GIVEN,that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall,53095 Main Ro d,Southold,New York,on the Ut�day of July,2023 at 4:30 PM., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks"reads as follows: LOCAL LAW NO. 2023 A Local Law entitled,"A Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose.To amend Chapter 237 in regard to curb cutting and sidewalks. A complete copy of this proposed Local Law is available on the Southold Town website: southoldtownny.gov or by contacting the Town Clerk's Office. BY NOTICE OF�HE TOWN BOARD DATED JUNE 6t '2023 DENIS NONCARROW SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 6th day of June, 2023, a Local Law entitled "A Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks" and, NOTICE IS HEREBY FURTHER GIVEN,that the Town'Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 181h day of July, 2023 at 4:30 PM., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks"reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, "A Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To amend Chapter 237 in regard to curb cutting and sidewalks. II. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: CHAPTER 237 Streets and Sidewalks Article II - Highway meet Excavations § 237-4 Short title. This article shall be known and may be cited as the ':'Highway Excavation Law of the Town of Southold." § 237-6 Permit required. A. No person, firm or corporation, public service, water, light or power authority shall make any curb cuts, road openings or excavate in any street, highway or sidewalk in the Town for any purpose nor remove from or deposit any material on any highway or intentionally injure any highway or cause to be dug or made any hole or excavation in or under a highway or cause to be erected thereon or therein any object, without first obtaining a permit from the Superintendent of Highways as hereinafter provided. No per-sen shall remove frem er- deposit on any highway ai:*,material or-intentionally injtffe a" highwE*, or- eause to be dug or made any hole or exca-vation in or under a highway or eause to be ereeted thereon or therein any objeet without first having obtained a'ATftten permit from Superintendent so to do-. B. Upon application in writing filed with the Superintendent of Highways, stating the purpose, extent location and nature of proposed curb cuts, road openings or excavations or other disturbance of a street or hi_ghwgy in the Town, the Town Superintendent of Highways may grant or refuse a permit therefor. This seetion shall be applieable to and prohibit individuals fT-em depositing materials on publie hi&vays as a result of improvement and grading of their-property. C. If the application for a permit is denied, the Highway Superintendent shall send the applicant written notification of the denial and shall state the reason for denial. D. No permit shall be issued for an openingon roadway which has been resurfaced, reconstructed or newly constructed by the Town of Southold during a period of five calendar years previous to the application date, except for permits for emergencyopenings. The prohibitions stated in this Subsection shall not apply to applications to install new gas connections to residential properties. In such an instance, remedial measures that include full width mill and fill work and resurfacing of the area of the disturbance and the adjacent twenty feet surrounding said disturbance. E. Except in cases of a demonstrated emergency, no road openings shall be made, and no applications for road opening permits may be filed with the Superintendent of Highways between the period December 1 through March 31 of each calendar year. § 237-7 Applications.requirements Any person desiring a permit shall make application to the Superintendent, upon forms to be provided by him, which application shall set forth the following: A. The name and address of the applicant, precise location of the proposed work, includingstreet address and Suffolk County Tax Map Number of the affected parcel(s). B. A reasonably adequate description of the proposed work and the reason therefor. including dere ipt+ ,,, of the l,,,.atior ofthe proposed. or-1 § 237-12 Protective measures. A. Any person making an excavation pursuant to this article shall erect a suitable barrier, Of guard and/or traffic bearing plates a/k/a"road plates" for the protection of persons using the streets or sidewalks and, in addition thereto, shall set up and maintain during the hours of darkness sufficient lights or flares or retroreflective barricades to properly illuminate or delineate the work area and shall also take all necessary precautions for the protection of the Town and of public service companies or municipal districts and adjoining property owners and others which might be endangered by such excavations or the work incident thereto and shall comply with all directions given by the Superintendent with respect to such barriers, lights, flares and protective measures. The barriers and lighting devices shall conform to the specifications set forth in the United States Department of Transportation Manual on Uniform Traffic Control Devices, and any amendments thereto. The road opening or excavation shall be lit continuously from twilight to dawn. A minimum of four flashers must be used at the construction site or alongthe he ri hg_t-of- wa as by the Highway Superintendent. B. The permittee shall notify the Southold Police Department of the condition of the unfinished road opening or excavation and furnish the Police Department with contact information. Any road opening or excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 50 feet of the fire hydrants and connections. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of material or other obstructions. § 237-13 Permit requirements. F. Final pavement replacing. (3) If temporary patching is not accomplished, final pavement must be completed within 20 days of opening. If temporary patching is accomplished as specified, then final pavement replacing must be eempleted within 30 days of te .,r,,,.ary pa+,.hing or ,,ithi, r,,,.t,_ad iti,.r-ai +;w,o as may be authorized b the Superintendent, at his discretion, upon application. I. Notification. The applieant will be responsible to netif�, tne Superintendent 24 to street opening and elo Upon the issuance of a road opening permit, the applicant shall provide a forty-eight-hour written notice to the Highway Superintendent, or his duly authorized representative, prior to making any road openings, except in cases of emergency as provided for herein. No openings shall be commenced on a Saturday, Sunday or a holiday unless in cases of emergenc . K. Driveway and curb cut specifications for residential (noncommercial) use. Each curb cut and driveway for noncommercial use constructed under a permit issued pursuant to this chapter shall be constructed in accordance with the following specifications: 1. Curb cuts for dwellings shall be no greater than 10 feet for one-car access at the curbline. 2. Curb cuts for dwellings shall be no greater than 18 feet for two-car access at the curbline. 3. For corner properties,the minimum distance permitted between any curb cut and the property line formingthe he adjoining street extended to the curbline shall be 30 feet. 4. A minimum distance of 10 feet from side property lines shall be maintained when measured from the expansion joint. 5. Curb cuts shall be at least 10 feet from the nearest utilitypole, storm drain and fire hydrant/Fire Department connection. 6. Curb cuts shall have a reveal of no less than 3/4 of an inch. 7. Driveway aprons adjacent to concrete sidewalks shall be made of concrete. Residential drivewayaprons and adjacent concrete sidewalk shall be reinforced and be six inches thick. An empty one-inch schedule PVC electrical conduit may be required by the Highway Department to be provided below the apron. Drivewayaprons utilizing decorative materials installed adjacent to an asphalt roadway shall not be installed closer than three feet to the edge of the asphalt road surface. 8. Curb cuts and driveway aprons may be made of asphalt or other alternative material and shall delineate between the driveway apron and the street. Curb cuts made of anything other than concrete or asphalt require a declaration of waiver and release of claims against, and indemnification of, the Town of Southold. L. Driveway and curb cut specifications for commercial use. Each curb cut and driveway for commercial use constructed under a permit issued pursuant to this chapter shall be constructed in accordance with the following specifications: 1. Curb cuts for commercial use shall be not greater than 25 feet at the curbline. However, should the applicant prove a requirement of greater width in order to accommodate larger vehicles, consideration for such greater width may beig ven. 2. For corner property,the minimum distance permitted between any commercial- use curb cut and the property line formin the he adjoining street extended to the curbline shall be 40 feet. 3. A minimum distance of 15 feet from side property lines shall be maintained at the curbline for all commercial-use curb cuts when measured from the expansion joint. 4. Commercial driveway aprons and adjacent concrete sidewalk shall be reinforced and be eight inches thick. An empty one-inch schedule PVC electrical conduit may.be required by the Highway Department to be provided below the apron. 5. Commercial-use curb cuts may be supplemented by additional commercial-use curb cuts, provided that all such curb cuts are not less than 25 feet, one from the other, S at the curbline, and the application otherwise meets all requirements herein. 6. Curb cuts shall be at least 10 feet from the nearest utility pole, storm drain and fire hydrant/Fire Department connection. 7. Curb cuts shall have a reveal of no less than 3/4 of an inch. M. Circular driveway guidelines. To comply with the Southold Highway Department's guidelines, the following are the requirements necessary in order to obtain permission to obtain road opening permits to install a circular driveway: 1. A minimum property frontage measurement of 100 feet is required. 2. Upon application for a permit,the Highway Department may allow for a circular driveway, the width of the curbcut and driveway radius to be determined by the Highway Superintendent. 3. Curb cut openings must remain at least 10 feet from each side propem line. 4. Curb cut openings must remain at least 10 feet from any existing trees, light posts or fire hydrants, utility poles, storm drains and fire hydrant/Fire Department connections. § 237-14 Completion of worir reimbursement and assessment. The applicant shall notify the superintendent when work has been completed, after which an inspection will be made by the Superintendent or his duly authorized agent, and upon approval of the work, a release will be granted to the applicant. Until the granting of such a release, the applicant shall remain liable for proper guarding and protection as provided herein. Each application shall authorize the Highway Superintendent to complete the repair, construction or reconstruction whenever the Superintendent finds reasonable cause to conclude that the applicant failed, refused or neglected to complete such repair, construction or reconstruction. The Town shall be reimbursed for the cost of such repair, construction or reconstruction from the applicant or through the assessment against and collection from the lots or parcels of land where such work was performed or services rendered for so much of the actual and complete costs as incurred upon and from each lot or lots. § 237-15 Revocation. The Superintendent, upon a finding that the issuance of a permit was illegal or unauthorized or that the applicant has failed to comply with any of the terms and conditions of the permit or of this article, may revoke the permit, and the applicant shall thereupon, with all reasonable speed, forthwith restore the highway to its former condition. § 237-16 Responsibility for damages; repair. The person to whom such permit is issued shall be responsible for all damages caused to public utilities , replaee any or-aeked or- damaged ' .-le or water!main with new pipe and repair- or replaee damaged ditehes, eur-bs, sidewa revements so that they shall be in the same or-better cendi"i—0"- emea-vation as be f re theexcavation.- Said permittee shall hold the Town of Southold and its officers harmless against any and all claims,judgments or other costs arising out of the work conducted or for which the Town of Southold or any Town officer may be made liable by reason of any damage or injury to person or property through the fault of the permittee. Permittee shall restore and place in good and safe condition, as nearly as it can be to its original condition and to the satisfaction of the Superintendent of Highways, all openings and excavations made in the streets and to maintain any street where an excavation is made in a condition as good as before said work shall have been done, for the period of 12 months after said work shall have been done, usual wear and tear excepted. Any settling of the surface within said one-year period shall be deemed conclusive evidence of defective backfilling by the permittee. M. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. BY NOTICE OF THE TOWN BOARD Dated June 6th, 2023 DENIS NONCARROW SOUTHOLD TOWN CLERK STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Denis Nonearrow,Town Clerk of the Town of Southold,New York being duly sworn, says that on the 8t' day of June,2023, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town Website: www.southoldtoWnny.gov Ch. 237 Streets and Sidewalks in relation to sidewalks Denis Noncarrow Southold Town Clerk Sworn to before me on the 8th day of_June, 2023 Coe Notary Public SABRINA M BORN Notary Public,State of New York No.01606317038,Suffolk Cou ty Commission Expires Dec.22,20„ i Southold Town Board -Letter Board Meeting of June 6, 2023 ��gpFFO(,� RESOLUTION 2023-537 Item# 5.31 �y�Of o ADOPTED DOC ID: 19233 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-537 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 6, 2023: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6th day of June, 2023, a Local Law entitled "A Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 18th day of July, 2023 at 4:30 PM. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law "A Local Law Amending Chapter 237 Streets and Sidewalks in Relation to sidewalks"reads as follows: LOCAL LAW NO. OF 2023 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose To amend Chapter 237 in regard to curb cutting and sidewalks II. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: CHAPTER 237 Streets and Sidewalks Article II - Highway meet Excavations § 237-4 Short title. This article shall be known and may be cited as the "Highway Excavation Law of the Town of Southold." § 237-6 Permit required. A. No person firm or corporation public service water, light or power authority shall make any curb cuts road openings or excavate in any street, highway or sidewalk in the Town for agy purpose nor remove from or deposit any material on any highway or intentionally Generated June 7, 2023 Page 45 Southold Town Board - Letter Board Meeting of June 6, 2023 injure any highway or cause to be dug or made any hole or excavation in or under a highwgy or cause to be erected thereon or therein anyoobject, without first obtaining a permit from the Superintendent of Highways as hereinafter provided. No PeFsAfflR SIRA-1-1 Ferneve from or- deposit on a-Ry highway a"material or intentionally injtff e any highway or cause to be d or made any holeor- exeavation in or-under a l,' 1, eause to be ereeted thereon or therein any objeet withotA first having obtained a wriaen permit from the Superintendent so to da-. , B. Upon application in writing filed with the Superintendent of Highways, stating the purpose, extent location and nature of proposed curb cuts, road openings or excavations or other disturbance of a street or highway in the Town, the Town Superintendent of Highways may grant or refuse a permit therefor. This seetion shall be appheable to and pro ih-it.iliddividdluals from depositing mater-ials an publie higlFways as a result of improvement a-ad grading of their propeft�,.- C. If the application for a permit is denied, the Highway Superintendent shall send the ,qpplicant written notification of the denial and shall state the reason for denial. D No permit shall be issued for an opening on any roadway which has been resurfaced, reconstructed or newly constructed by the Town of Southold during a period of five calendar years previous to the application date except for permits for emergencopenings The prohibitions stated in this Subsection shall not apply to applications to install new gas connections to residential properties. In such an instance, remedial measures that include full width mill and fill work and resurfacing_ of the area of the disturbance and the adjacent twenty feet surrounding said disturbance. E Except in cases of a demonstrated emergency, no road openings shall be made, and no qpplications for road opening permits may be filed with the Superintendent of Highways between the period December 1 through March 31 of each calendar year. § 237-7 Applications requirements Any person desiring a permit shall make application to the Superintendent, upon forms to be provided by him, which application shall set forth the following: A. The name and address of the applicant precise location of the proposed work, including street address and Suffolk County Tax Map Number of the affected parcel(s). B. A reasonably adequate description of the proposed work and the reason therefor . ;r=== ' a deser-iption of the leea ion of the propos k. § 237-12 Protective measures. A. Any person making an excavation pursuant to this article shall erect a suitable barrier, or guard an&or traffic bearing plates a/k/a"road plates" for the protection of persons using the streets or sidewalks and, in addition thereto, shall set up and maintain during the hours of darkness sufficient lights or flares or retroreflective barricades to properly illuminate or delineate the work area and shall also take all necessary precautions for the protection of the Town and of public service companies or municipal districts and adjoining property owners and others which Generated June 7, 2023 Page 46 Southold Town Board -Letter Board Meeting of June 6, 2023 might be endangered by such excavations or the work incident thereto and shall comply with all directions given by the Superintendent with respect to such barriers, lights, flares and protective measures. The barriers and lighting devices shall conform to the specifications set forth in the United States Department of Transportation Manual on Uniform Traffic Control Devices, and any amendments thereto. The road opening or excavation shall be lit continuously from twilight to dawn. A minimum of four flashers must be used at the construction site or along the right-of- way as required by the Highway Superintendent. B The permittee shall notify the Southold Police Department of the condition of the unfinished road opening or excavation and furnish the Police Department with contact information. Any road opening or excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 50 feet of the fire hydrants and connections. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of material or other obstructions. § 237-13 Permit requirements. F. Final pavement replacing. (3) If temporary patching is not accomplished, final pavement must be completed within 20 days of opening. If temporary patching is accomplished as specified, then final pavement replacing must be eompleted within 30 days of temperar-y patehing or-within such additional timemay be atAherizedby the Superintendent, at his discretion, upon application. I. Notification. The appheant will b responsible to „+•f the c + ,a +24 hetffsprior-to street opening and closing,Upon the issuance of a road opening permit the applicant shall provide a fortv-eight hour written notice to the Highwgy Superintendent, or his duly authorized representative prior to making any road openings except in cases-of emergency as provided for herein No openings shall be commenced on a Saturday Sunday or a holiday unless in cases of emergency. K Driveway and curb cut specifications for residential (noncommercial) use. Each curb cut and driveway for noncommercial use constructed under a permit issued pursuant to this chapter shall be constructed in accordance with the following specifications: 1 Curb cuts for dwellings shall be no greater than 10 feet for one-car access at the curbline. 2 Curb cuts for dwellings shall be no greater than 18 feet for two-car access at the curbline. 3 For corner properties the minimum distance permitted between any curb cut and the property line forming the adjoining street extended to the curbline shall be 30 feet. 4 A minimum distance of 10 feet from side property lines shall be maintained when measured from the expansion joint. Generated June 7, 2023 Page 47 Southold Town Board - Letter Board Meeting of June 6, 2023 5. Curb cuts shall be at least 10 feet from the nearest utility pole, storm drain and fire hydrant/Fire Department connection. 6. Curb cuts shall have a reveal of no less than 3/4 of an inch. 7. Driveway aprons adjacent to concrete sidewalks shall be made of concrete. Residential drivewayqprons and adjacent concrete sidewalk shall be reinforced and be six inches thick. An empty one-inch schedule PVC electrical conduit ma b�quired by the Highway Department to be provided below the apron. Driveway gprons utilizing decorative materials installed adjacent to an asphalt roadway shall not be installed closer than three feet to the edge of the asphalt road surface. 8. Curb cuts and driveway aprons may be made of asphalt or other alternative material and shall delineate between the driveway apron and the street. Curb cuts made of an tag other than concrete or asphalt require a declaration of waiver and release of claims against, and indemnification of, the Town of Southold. L. Driveway and curb cut specifications for commercial use. Each curb cut and drivew4y for commercial use constructed under a permit issued pursuant to this chapter shall be constructed in accordance with the following specifications: 1. Curb cuts for commercial use shall be not greater than 25 feet at the curbline. However, should the applicant prove a requirement of greater width in order to accommodate larger vehicles consideration for such greater width maybe given. 2 For corner property, the minimum distance permitted between any commercial-use curb cut and the property line formin the he adjoining street extended to the curbline shall be 40 feet. 3. A minimum distance of 15 feet from side property lines shall be maintained at the curbline for all commercial-use curb cuts when measured from the expansion joint. 4 Commercial driveway aprons and adjacent concrete sidewalk shall be reinforced and be eight inches thick. An empty one-inch schedule PVC electrical conduit may be required by the Highway Department to be provided below the apron. 5 Commercial-use curb cuts may be supplemented by additional commercial-use curb cuts provided that all such curb cuts are not less than 25 feet, one from the other, at the curbline and the application otherwise meets all requirements herein. 6 Curb cuts shall be at least 10 feet from the nearest utility pole, storm drain and fire hydrant/Fire Department connection. 7. Curb cuts shall have a reveal of no less than 3/4 of an inch. M Circular driveway guidelines. To comply with the Southold Highway Department's guidelines the following are the requirements necessary in order to obtain permission to obtain road opening permits to install a circular driveway: 1 A minimum property frontage measurement of 100 feet is required. 2 Upon application for a permit the Highwayepartment may allow for a circular driveway, the width of the curbcut and driveway radius to be determined by the Highwgy Superintendent. 3 Curb cut openings must remain at least 10 feet from each side property line. 4 Curb cut openings must remain at least 10 feet from any existing trees, light posts or fire hydrants utility_poles storm drains and fire hydrant/Fire Department connections. Generated June 7, 2023 Page 48 Southold Town Board - Letter Board Meeting of June 6, 2023 § 237-14 Completion of work. reimbursement and assessment. The applicant shall notify the superintendent when work has been completed, after which an inspection will be made by the Superintendent or his,duly authorized agent, and upon approval of the work, a release will be granted to the applicant. Until the granting of such a release, the applicant shall remain liable for proper guarding and protection as provided herein. Each application shall authorize the Highway Superintendent to complete the repair, construction or reconstruction whenever the Superintendent finds reasonable cause to conclude that the applicant failed, refused or neglected to complete such repair, construction or reconstruction. The Town shall be reimbursed for the cost of such repair, construction or reconstruction from the applicant or through the assessment against and collection from the lots or parcels of land where such work was performed or services rendered for so much of the actual and complete costs as incurred upon and from each lot or lots. § 237-15 Revocation. The Superintendent, upon a finding that the issuance of a permit was illegal or unauthorized or that the applicant has failed to comply with any of the terms and conditions of the permit or of this article, may revoke the permit, and the applicant shall thereupon, with all reasonable speed, forthwith restore the highway to its former condition. § 237-16 Responsibility for damages; repair. The person to whom such permit is issued shall be responsible for all damages caused to public utilities and shall, peTvision of the SupeFintendent, etr onahle�. improvements so 4iat the), shall be in the same or-better-eondition after the emeavation before the ex .,.,atior Said permittee shall hold the Town of Southold and its officers harmless against any and all claim's,judgments or other costs arising out of the work conducted or for which the Town of,Southold or any Town officer may be made liable by reason of any damage or injury to person or property through the fault of the permittee. Permittee shall restore and place in good and safe condition, as nearly as it can be to its original condition and to the satisfaction of the Superintendent of Highways, all openings and excavations made in the streets and to maintain any street where an excavation is made in a condition as good as before said work shall have been done, for the period of 12 months after said work shall have been done, usual'wear and tear excepted. Any settling of the surface within said one-year period shall be deemed conclusive evidence of defective backfilling by the permittee. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Generated June 7, 2023 Page 49 x ti Southold Town Board -Letter Board Meeting of June 6, 2023 Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Brian O. Mealy, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell Generated June 7, 2023 Page 50