HomeMy WebLinkAboutLL-2003 #24£ocal Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as mended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of
SOUTHOLD
LOCAL LAW NO. 24 2003
A Local Law entitled "A Local Law in relation to Continuing Conditions for the Validity and Existence of a Building
Permit and Issuance of a Certificate of Occupancy"
BE 1T ENACTED by the Town Bom'd of the Town of Southold, as follows:
I. purpose~ For the protection of the health, safety and general welfare of the public and the preservation of property
values in the Town, all storm water run-off generated by proposed construction and/or construction activities shall be
contained to prevent adverse impacts to the construction site and adjacent properties.
IL Chapter 45 of the Code of the Town of Southold is hereby amended as follows:
§45~10
C. Compliance with the following regulations shall be a continuing condition for the validity and existence of any
Building Permit and issuance of a Certificate of Occupancy by the Town of Sonthold.
1) Storm water runoff generated as a result of up to a two inch rainfall, or its equivalent in melting snow/ice, shall be
contained on-site during construction. Implementation of and use of erosion control measures and devices to prevent
soil erosion and flooding of neighboring properties and roadways shall be required, including but not limited to straw
hales, silt control fences, and or grading.
2) Prior to the issuance of a Certificate of Occupancy, it shall be determined that drainage of roofs and paved areas,
yards and courts, and other open areas on the premises shall not be discharged in a mamaer that creates a public
nuisance.
3) Prior to the issuance of a Certificate of Occupancy, ail premises shall be graded and maintained to prevent the
erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon.
4) Wtxere a construction site is traversed by a watercourse, drainage-way, charmel or stream, provision shall be made
to divert that waterway around any areas disturbed by construction and reconnected to its natural path by means of
culverts or other structures.
BI. Severability,
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent
jurisd/cfion to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than th,
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.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(Complete the certifica~oh in the paragraph that applies to the f'flifi~ 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. 24 of 20 03 . of the
(County)(City)(Town) ~fill:.gz) of SOUTHOLD was duly passed by the
TOWN BOARD on November 6 ,20 03 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body ,vith approval, no disapproval or repassage 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)(repassed 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)(perrrdssive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (generaI)(speciaI)(armual) 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 ~ed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(Cotmty)(City)(Town)(Village) of was duly passed by the
on 20 __ , and was (approved)(nnt 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.
* Electix}e 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 w/th the power to approve or veto local laws or ordinances.
(2)
5. (Eity local law concerning Charte~ 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
sechon (36)(37) of the Municipal Home Rule Law, and having received the affmnafive 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 ora 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 £mal 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 therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
Clerk of the Ct~'~gisladv'e body. Cit~ Tow~or Village Clerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
(Seal) Date: __
November 12, 2003
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enac~uent of the local law an~/~~
Patricia A. Finnc~,an,/Esq, A~sJgtant Town Attorney
Gregory F. Yakaboski, Es~l., Town Attorney
Title
city
Town of
SOUTHOLD
Date: November 12, 2003
(3)
STATE OF New YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY, NY 1223 I -000 I
RECEIVED
DEC - 3
Southold Town Clerk
November 28, 2003
Town of Southold
Office of the Town Clerk
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
RE: Town of Southold, Local Law 24, 2003, filed on ~ 1/14/2003
To Whom It May Concern:
,The above referenced material was received and filed by this office as indicated.
Additional local law filing forms will be forwarded upon request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
LL:cb
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Sou~hold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nort]ffork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 12, 2003
Certified, Registered Receipt
New York State Department of State
State Records and Law-Bureau
41 State Street
Albany, NY 12231
RE: Local Law Numbers 24 of 2003
Town of Southold, Suffolk County
Dear Sirs:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am
enclosing herewith certified copies of Local Law Numbers 24 of 2003 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.
Enclosures
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
cc: Town Attomey
ELIZABETH A. NEVIIJ,E
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southald, New York 11971
Fax (631) 765-6145
Telephone (631) 755-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 12, 2003
Attention: Skirley Flint
Code Supplementation
General Code Publishers Corp.
72 Hinchey Road
Rochester, NY 14624
Re: Town of Southold Code
Local Law Numbers 24 of 2003
Dear Ms. Flint:
Transmitted herewith please ~nd the Local Law Numbers 24 of 2003.
Please make the appropriate amendments to the Southold Town Code.
Thank you.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
Enclosures
cc: Town Attorney
General Code Publishers
72 Hinchey Road
Rochester, NY 14624
Phone: $00/836-8834 Fax: 585~28~189
E~a[l: sales~generalcode.com
MS. Elizabeth A. Neville:
The following matedal has been received and will be processed for
inclusion in your Code as supplemental pages (where applicable):
Local Law No. 24-2003
RECEIVED
Town of Southotd
C/O Clerk's Office
PO Box 1179
Southo',d. NY 11971
i~0¥ 2 0 2003
Seutholrl Town Cler~
dev~ce_s to..preve? so.il?.ros~on
Certificate' of Occupancy.
.h,l'] b.' &' e ,,ii w,_ I!'~'
~'~ Pd_.or to .the i~spa._n, ce of._a
.(_,'.'l;iic:~h..' o _(_~c,'.r',: .t,?-"
loc~t~-~ thereon.
.. 4) Where a construction site
is ~rax~ersed by a wateranurse.
th aim -,".; ~'q-.
i,ro!, i.~.~ e'~
I~EGAL NOTICE w'c:.> -_'
PUBLIC'HEARING . _ c_co'~ ~.'.'.~:,
NOTICE IS HEREBY i,:'.fi' b'.. mc"r-._o~ c.LL'..c'-..~-
GIVEN there has beer~ present- ot~xe_r, s~tructareS...
ed to the Town Board of the r : ~..S~everability.
Town of Southold, Suffolk' '-any.clause sentence, para-
County, New York, on the 21st ,gr: ~h -s~ction, or .part of this
day of October 2003 a Local L~ rgl. La'~shall be'adjudged by
Law entitled "A Local Law in an c0~:t ~ffcompetantjurisdic-
tel:iii,,,, i.~L Ciu!ti,,,,].!tg fir L tq~be. ~valid, the j.u~!~nen[
(~mdhi~'os for Iht' MElidil~ sla Il'nm effect thevai~dity o
o~
!,mi- ...x. ( ~, tT ~: ~L J!?ihlj. o[ th 1aw ~s a whole or arty part
'i;*'ruth ~.U_ltl I%~mm't_ or .a tl~ -~of othar than the part so
¢ t,~'lifit'a~t, al' Ot't'Ulmm'~" d~ ided to. be tmconstimfional
uo,~ m¢~.ozc, bc It 6r
NOTICE IS HEREBY .'IV. Effective date
FUPtI'HER GIVEN that the This' Local. Law shall take
Town Board of ~e T%v~pf . e(fe~6t ?n~ediaJely. up~0[ .filing
Southold will hold a~pubhc mt~ ¢te~ ~ecr~etm'y .of Sane as
heating on the aforesaid Local .pr, om'.'.ded by la~v.
Law at the Southold Town Hall, . ~.81Iike:-through represents
53095 Main R6ad, t~outhold ' Celetion
New York, on the '6m da~-- -~lllderlide represents laser-
November 2003 at 8:00 p.m. ti6n.' L~
at wb/ch time all ~tere~ted per- .i By ORDER OF THE
sons will be given an opport~ni- . --' .~ ;SOWII~OLD TOWN
ty to be heard BOARD OF THE TOWN OF
The proposed local law enti- SOIJTHoLD, OCTOBER 21,
fled, "A Local Law in relation ' : ~... · : 2003.
m C'omi Jl'-' C 11 I!o.~. fin' .ZLIZABETH3~;NEVILLE
'lit' (~iidil~ llllll I.xi~,lt IlCt' 411' II : , ' SOtJTHOLD TOWN
113!ihliu~J~ermj_l nail I._s~mlilt..'e CLERK
¢lfli ( ('l'lil'J~,'tlle iff( )¢el~ ,t~cx" 1X 10/30/03 (019~
reads as todows:
LOCAL LAW NO.
2003
A Local ~ entitled "A
Local Law in relation re
Continuing Conditions for the
Validity and Existence of a
Building Permit. and Issuan,c,e of
a Certificate of Occupancy
BE IT 'ENACTED by the
To,va Board of the Town of
Southold, as follows:
I. Purpose- F~i the protec-
tion of the health, safety and:
gene~ai welfare of the public
and the preservation 0fproperty
values in the Town.' aI~ storrd
wmer m-off generated by pro~
posed consWa~tion and/or con~
stmction acfivitieg shall be co,a-
rained re prevent adverse
impacts ~o the constmcti0a site
and adjacent properties.
1t. Chapter 45 of the Code of
the Town of Southold is hereby
mended as follows:
§45-10
C_.Cc ..2il .,.~. ' fi': fe~'~
I,~...~ .'1.2 .i~_'.,?:. !m.2!'- '. ,2!
th-~ Town of Southold.
ated as a re§alt of up to a two
i~/ch rainfall, or its equivalent i~
melting snow/ice, shall be con-
ta~ined on-site darin~ conslru¢-
tion. Implementetio~.of and use
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Lise Marinace, being duly sworn, says
that she is the Legal Advertising
Coordinator, of the Traveler Watchman,
a public newspaper printed at Southold,
in Suffolk County; and that the notice of
which the annexed is a printed copy, has
been published in said Traveler
Watchman once each week
for ........ /..week~ ( :~uccessively,
commancir~g on the ..... ..'~..¥. ...... day of
...... ........... ,2003.
....
.S..w~...~.d~/.o.r.~ ..,m2e0~3h!s...?. ?... day of
Notary Public
Emily Hamill
NOTARY PUBLIC, State of New York
No. 01HA5059984
Qualified in Suffolk County
Commission expires May 06, 2006
SOUTHOLD TOWN BOARD
PUBLIC HEARING
November 6, 2003
8:00 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO CONTINUING CONDITIONS FOR THE
VALIDITY AND EXISTENCE OF A BUILDING PERMIT AND ISSUANCE OF A
CERTIFICATE OF OCCUPANCY".
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Assistant Town Attorney Patticia Fi~megan
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the Town
Board of the Town of S outhold, Suffolk County, New York, on the 21 st day of October 2003 a Local
Law entitled "A Local Law in relation to Continuin~ Conditions for the Validity and Existence of
a Buildine Permit and Issuance of a Certificate of Occupancy" now, therefore, be it
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 the Southold Town Hall, 53095 Main Road, Sonthold,
New York, on the 6th day of November 2003 at 8:00 o.m. at which time all interested persons will be
given an opportunity to be heard.
The proposed local law entitled, "A Local Law in relation to Conthauin~ Conditions for the
Validity and Existence of a Buildin~ Permit and Issuance of a Certificate of Ocenpancv" reads as
follows:
LOCAL LAW NO. 2003
A Local Law entitled "A Local Law in relation to Continuing Conditions for the Validity and
Existence of a Building Permit and Issuance of a Certificate of Occupancy"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
L Purpose- For the protection of the health, safety and general welfare of the public and the
preservation of property values in the Town, all storm water run-off generated by proposed
construction and/or construction activities shall be contained to prevent adverse impacts to the
construction site and adjacent properties.
II. Chapter 45 of the Code of the Town of Southold is hereby amended as follows:
§45-10
C. Compliance with the followin~ regulations shall be a continuin~ condition for the validiW and
existence of any Building Permit and issuance of a Certificate of Occupancy by the Town of Southold.
2
1) Storm water runoff generated as a result of up to a two inch rainfall, or its equivalent in meltina
snow/ice, shall be contained on-site during construction. Implementation of and use of erosion
control measures and devices to prevent soil erosion and floodina of neighboring properties and
roadways shall be required, including but not limited to straw bales, silt control fences, and or
grading.
2) Prior to the issuance of a Certificate of Occupancy, it shall be determined that drainage of roofs
and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a
manner that creates a public nuisance.
3) Prior to the issuance of a Certificate of Occupancy, all pronises shall be m'aded and maintained
to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within
any structure located thereon.
4) Where a construction site is traversed by a watercourse, drainagewav, channel or stream,
provision shall be made to divert that waterway around any areas disturbed bv construction and
reconnected to its natural path by means of culverts or other structures.
HI. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of comPetent |urisdicfion to be invalid, the iudement shall not effect the validity of this law
as a whole or anv part thereof other than the part so decided to be unconstitutional or invalid.
iV. Effective date
This Local Law shall take effect immediately upon filln~ with the Secretary of State as provided
by law.
LrN1DENTIFIED: It was my understanding and building permits, and my understanding there was
some structures and other things that aren't covered by a building permit, such as retaining walls. We
have in our instance and also other things on our road where previous conditions are a result of clear-
cutting trees doing landscaping work, again which doesn't fall under the auspice of a building permit
or the issuing of a CO, is that anticipated to be covered later on, or is that the intent to be covered here
at some point?
SUPERVISOR HORTON: I don't think that specific circumstance is intended to be covered under
this law.
UNIDENTIFIED: Great, thank you.
COUNCILMAN MOORE: Can I make one observation? Not on that point but on the question that
you raised before. I happen to agree with your interpretation which is that the subdivision 1 applies,
actually 2 and 3 for that matter, during the term of a building permit and prior to issuance ora CO as a
condition of issuance of the CO. The Town Board hashed this out at a work session and there was
some concern about extending those restrictions beyond the date of issuance of a CO, so this really is
intended to address during the period of construction, not after the fact.
SUPERVISOR HORTON: Thank you. Are there other comments, people would hke to address the
Board on this? Yes, Mrs. Egan.
3
JOAN EGAN: This is the, kind of a funny situation. When you say public road, do you mean Town
roads because where I live, we are on private roads and we have had a terrible problem with the house
that is being constructed, the front house is on Old Orchard but the runoff is on Bayview Drive. And it
has caused almost many accidents and the runoffof the soil and the mudslides there are terrible. I have
reported it to the Building Department and of course, at this point, in my own home with runoffwater
from elevation, you should listen to this Mr. Moore because you didn't do your job properly..
SUPERVISOR HORTON: Well, actually Mrs. Egan...
MS. EGAN: .... Suffolk Health now is after Mr. Keller. Now, what happens on private roads where
this has been going on since last September the runoff of their soil as construction is going on?
SUPERVISOR HORTON: As I read this, this doesn't relate to only, it doesn't specify public roads.
So I believe, correct me ifI am wrong, I believe that it would also pertain to private roads.
MS. EGAN: It does. Now, then who would site the violation? The Building Department?
SUPERVISOR HORTON: That is correct. Code Enforcement or the Building Department.
MS. EGAN: The Code Enforcer.
SUPERVISOR HORTON: Both the Code Enforcement Officer and any of our certified Building
Inspectors.
MS. EGAN: Well, I have reported this to the Building Department and they have done .....
SUPERVISOR HORTON: Well, are you looking to address this specific law, Mrs. Egan?
MS. EGAN: For the runoffof this home that is under construction, the front of it on Old Orchard and
the runoffis more on Bayview Drive and I go out that way to go to the Post Office and into town and it
is a very dangerous situation.
SUPERVISOR HORTON: Right and that is what this law is designed to mitigate.
MS. EGAN: Now, the law is enforced now? Or will be right after this meeting.
SUPERVISOR HORTON: Actually, we are in the process of trying to get this document put into law.
MS. EGAN: So, once it is enforced, when will I know when it is enforced?
COUNCILMAN WICICHAM: Tonight.
SUPERVISOR HORTON: Yeah, there is a process that it ....
MS. EGAN: Will those results be transmitted or transferred to the Building Department, let's say by
tomorrow?
4
SUPERVISOR HORTON: No.
MS. EGAN: When would they get ....
SUPERVISOR HORTON: There is a process of several days, this has to get filed with the Department
of State and be ratified by the State as well.
MS. EGAN: So, by next Tuesday or Wednesday it should be viable,
SUPERVISOR HORTON: I would say in the next two or three weeks, just to be on the conservative
side, the safe side.
MS. EGAN: So, you guys all better be prepared for a lawsuit by the SuffoLk Board of Health.
SUPERVISOR HORTON: Thank you, Mrs. Egan. Would anyone else care to address the Board on
this proposed local law? (No response) Okay, we will close this hearing.
Southold Town Board