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HomeMy WebLinkAboutLL #22 2024 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA KATHY HOCHUL 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 WALTER T. MOSLEY HTTPS:HDOS.NY.GOV SECRETARY OF STATE December 30, 2024 l� to:3cn ILL& 7a' Town of Southold ` JAN 1 3 Town Hall 53095 Main Road 2025 PO Box 1179 Southold, New York 11.971So Prl Tolstrn Clien RE: Town of Southold, Local Law 22 2024, filed on 12/24/2024 Dear Sir/Madam: The above referenced material was filed by this office as indicated., Additional local law filing forms can be obtained from our website, www.dos.nygov. Sincerely, State Records and Law Bureau (518) 473-2492 IK Department ATE of State bca73fb1 jennifer.mudd@town.southold.nyus AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk County, 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: 01/02/2025 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 09 day of January 2025 Digitally signed DOUGLASWREA by doug las w rea Notary Public-State of New Y]20277 Date: 2025.01.09 NO.OIRE6398443 18:11:32 +00:00 Qualified in Albany County My Commission Expires Sep 30, LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN THAT 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, and NOTICE IS HEREBY FURTHER GIVEN THAT the Town Board -of the Town of Southold hereby ENACTED the proposed Local Law entitled, A Local Law in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement" A copy of this Local Law is available on the Town Website: www.southoldtownny.gov or at the Southold Town Clerks Office (631 )765-1800. BY THE ORDER OF THE SOUTHOLD TOWN BOARD Dated: December 17, 2024 Denis Noncarrow, Town Clerk _ gtaFfO(,�co DENIS NONCARROW o~� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 ti = Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS 5 Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �Ol `1►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 19, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in Relation to Amendments to Chanter 280, Technical Consultant Fee Reimbursement Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. �, mac„NE; , - � ED Denis Noncarrow J A N - 3 2025 Town Clerk Attachments cc: Long Island State Park Commission 1 _80ufhOld Town Clerk- Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planni g Board Southold Town Trustees Southo own Ass ors Southold Town Board of Appeals Sout_ id own_ 1 ing Department Suffolk County Department of Planning Date: v Sign ur ; eceiv d y I / zV Title: �� P ase print nXne DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK i• � 4 DENIS NONCARROW �+, .� ., Town Hall,53096 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 •dP ` www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 19,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled; A LoeaI Law in Relation to Amendments to Chapter 280,T&hnical.Consultant Fee Reimbursement Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Denis Nonearrow Town Clerk Attachments cc: Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board out W—Town Tres e`s--) Southold Town Assessors Southold-Town Board of Appeals Southold Town Building Department Suffolk County Department of Planning Date: Si tune,Received' y .rG.?lSI Title: Adot4"�ekl'S �� es! Please print name DUPLICATE TO BE SIGNED AND RETURNED TO RECEIVED SOUTHOLD TOWN CLERK I DEC 19 � Southold Town Clerk DENIS NONCARROW ,�Z► aGy 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 !y'!l� ��,' , Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER wwwsoutholdtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 19,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: J A Local Law in Relation to Amendments to Chapter 280.Teclxnical.Consultant_Fee 116-m—bursement Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. DEC 1 9 2024 i Denis Noncarrow ' Town Clerk Attachments �'o u t h�I�� Twim C�e r k cc: Long Island State Park Commission l I Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals 4 Southold'Town Building Department Suffolk County Department of Planning Date:. Signature,Receive y G`!���► �� .G�'"i Title: Please print name AV DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK x o�0% Hat �, DENIS NONCARROW Town Hall,53095 Main Road �� r°o TOWN CLERK P.O.Box 1179 cm Southold,New York 11971 REGISTRAR OF VITAL STATISTICS � W Fax(631)765-6145 MARRIAGE OFFICER 4s�p� �� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER + www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 19,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in Relation to Amendments to Chapter 280,Technical Consultant Fee Reimbursement Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. RECEIVED Denis Noncarrow DEC 19 2R4 Town Clerk Attachments Southold Town Clerk cc: Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southo dzown ssessors Southold Town Board of Appeals Southold Town Building Department Suffolk County Department of Planning i Date: Signature, Received By VV or �l lj Title: I Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DENIS NONCARROW ��o '' Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 v� Southold,New York 11971 REGISTRAR OF VITAL STXrISTICS Fax(631)765-6145 MARRIAGE OFFICER �' ',;� � Telephone(631)765-1800 RECORDS TIVIANAGEMENT OFFICER wwtiv southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 19,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in Relation to Amendments to Chapter 280 Technical Consultant Fee Reimbursement Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Town Clerk Attachments cc: Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of=Southampton_ Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Suffolk County Department of Planning Date: Signature,Received By V u') 4' Title: -770,L), Please print nathe, DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED DEC t 9 2Q?d Southold Town Clerk DENIS NONCARROW Town Hall,53095 Main Road TOWN CLERK Q P.O.Box 1179 cry . ' % Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER • y www.southoldtownny-gov FREEDOM OF INFORMATION OFFICER OFFICE OF TEE TOWN CLERK TOWN OF SOUTHOLD December 19,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A LocahLaiv in Relation to.Amendm'ents4o.Chu ter.280 Technieal.Consultant Fee,Reimbursement Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. �L ��v Denis Noncarrow Town Clerk Attachments cc: Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold T6ft Buil &Department Suffolk County Department of Planning . Date:. '' C ' Signatur.,Received` y. 1 1 ' t>L�E'a Title: 8. Please print name DUPLICATE TO BE SIGNED AND RETURNED TO RECEIVED SOUTHOLD TOWN CLERK i DEC 191 Southold Town Clerk DENIS NONCARROW '�`© ��� Town Hall,63095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765 6145 MARRIAGE OFFICER 'Il'. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER . ' anvw.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 19,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in Relation to Amendments to Chapter 280,Teehnieal Consultant'F+ee Reirnburkiuent Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Town Clerk Attachments cc: Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold-Town-Planning—B. Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Suffolk County Department of Planning ` Date: ignature,Received By . �,`C_l/L..ac:Lu Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO `J RECEIVED SOUTHOLD TOWN CLERK DEC 19 Southold Town Clerk Invoice rMEs T REVIEW MEDIA GROUP Invoice number 52D6E722-0012 Date of issue December 19,2024 Date due January 1,2025 Check payable to: Times Review Media Group Line count: 27 Suffolk Times Bill to 7555 Main Road jennifer.mudd@town.southold.ny.us PO Box 1500 Mattituck, New York 11952 United States +1631-298-3200 Ibazata@timesreview.com $47.91 USD due January 1, 2025 Pay online Confirmation Id: bca73fb1 Description Qty Unit price Amount Publication date:01/02/2025 1 $22.91 $22.91 QAC Affidavit 1 $25.00 $25.00 Subtotal $47.91 Total $47.91 Amount due $47.91 USD Check payable to:Times Review Media Group Click this link for Ad copy: https://gacmainstorage.blob.core.windows.net/notices/NY/The_Suffolk-Times/Suffolk-County/Publicnotice_bca73fbl.pdf Ad Text: LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN THAT 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, and NOTICE IS HEREBY FURTHER GIVEN THAT the Town Board of the Town of Southold hereby ENACTED the proposed Local Law entitled, A Local Law in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement" A copy of this Local Law is available on the Town Website www.southoldtownny.gov or at the Southold Town Clerks Office (631)765-1800. BY THE ORDER OF THE SOUTHOLD TOWN BOARD Dated December 17, 2024 Denis Noncarrow,Town Clerk 52D6E722-0012•$47.91 USD due January 1,2025 Page 1 of 1 LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN THAT 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, and NOTICE IS HEREBY FURTHER GIVEN THAT the Town Board of the Town of Southold hereby ENACTED the proposed Local Law entitled, A Local Law in Relation to Amendments to Chapter 280^ Technical Consultant Fee Reimbursement" A copy of this Local Law is available on the Town Website: www.southoldtownny.gov or at the Southold Town Clerks Office (631 )765-1800. BY THE ORDER OF THE SOUTHOLD TOWN BOARD Dated: December 17, 2024 Denis Noncarrow, Town Clerk LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN THAT 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, and NOTICE IS HEREBY FURTHER GIVEN THAT the Town Board of the Town of Southold hereby ENACTED the proposed Local Law entitled, "A Local Law in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement" A copy of this Local Law is available on the Town Website: www.southoldtoLAM.gov or at the Southold Town Clerks Office (631)765-1800. BY THE ORDER OF THE SOUTHOLD TOWN BOARD Dated: December 17, 2024 Denis Noncarrow, Town Clerk Mudd, Jennifer From: Mudd,Jennifer Sent: Thursday, December 19, 2024 10:17 AM To: christine.desalvo@suffolkcountyny.gov; Bunch, Connie; 'Candace Hall'; Cantrell, Elizabeth; Fuentes, Kim; Glew, Claire; 'Greenport Village Clerk'; Lanza, Heather; Michaelis, Jessica; Norklun, Stacey; Nunemaker,Amanda; Sepenoski,John; 'Shelter Island Clerk'; 'Southampton Town clerk(TownClerk@sbuthamptontownny.gov)';Verity, Mike; Webster, Kevin;Weisman, Leslie Cc: Noncarrow, Denis; Rudder, Lynda; Born, Sabrina Subject: NTA - Enactment of Local Law Attachments: NTA - LL#22 of 2024.pdf Importance: High Good Morning, Please see the attached Notice of Enacted Local Law—Chapter 280, Technical Consultant Fee Reimbursement. Please sign and return a cpp to the Town Clerk's Office. Thank you, Jew Jennifer M. Mudd Sub-Registrar and Deputy Town Clerk Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold,NY 11971 Phone: 631-765-1800 ext. 1274 Fax: 631-765-6145 1 o�osuFFOIAr DENIS NONCARROW o~� G.f� Town Hall,53095 Main Road OWN CLERK P.O.Box 1179 T coo Z Southold,New York 11971 REGISTRAR.OF VITAL STATISTICS O � � Fax(631)765-6145 MARRIAGE OFFICER '!' RECORDS MANAGEMENT OFFICER ��,( .�� Telephone oldt nny.gov FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 19, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Town Clerk Attachments cc: Long Island State Park Commission (Lk 5'PS `'.� . 1NlGU 5 Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Suffolk County Department of Planning Date: Signature, Received By Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Mudd, Jennifer From: Mudd,Jennifer Sent: Thursday, December 19, 2024 11:17 AM To: General Code (Local Laws (ersupp@generalcode.com) Cc: Noncarrow, Denis; Rudder, Lynda; Born, Sabrina Subject: Emailing: Local Law No. 22 of 2024.pdf Attachments: Local Law No. 22 of 2024.pdf Good Morning, Please see attached Local Law No. 22 of 2024 of the Town of Southold, adopted December 17, 2024. Thank you, Jen Jennifer M. Mudd Sub-Registrar and Deputy Town Clerk Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Phone: 631-765-1800 ext. 1274 Fax: 631-765-6145 Your message is ready to be sent with the following file or link attachments: Local Law No. 22 of 2024.pdf Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. 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EE 380 079 610 US Priority Mail Express tracking number LASEL1143 JULY2018 PSN769e-024004996 ❑� DENIS NONCARROW �� elm�� 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 www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 19, 2024 Priority Mail Express EE 380 _079 610 US RE: Local Law No. 22 of 2024 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 Local Law No. 22 of 2024 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 this enclosure in your office. Thank you. Very truly yours, Jennifer M. Mudd Deputy Town Clerk Enclosures cc: Town Attorney 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. 22 of the year 2024. A Local Law entitled "A Local Law in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement" Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village I. Purpose - The purpose of this local law is to allow for Reimbursement to the Town for Technical Consultant Fees. This amendment is enacted by local law pursuant to the authority of the New York Municipal Home Rule Law Section 10. To the extent that Town Law, including Town Law §§274-a, 276, 277 and 278, does not directly authorize the Town, including the Town Planning Board, to require reimbursement to the Town of reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Town in connection with engineering, scientific, land use planning, environmental, legal or other similar professional reviews/assessment/advice concerning the adequacy, procedural or substantive aspects of applications or of the issues raised during the cost of review/consideration of such applications, including for site plan approvals, subdivision approvals or for any other land use or development permits or approvals , required by the Town Planning Board. It is the express intent of the Town to change and supersede such statutes to permit the same. Moreover, to the extent that such statutes do not authorize the withholding of acceptance, issuance or approvals in the event such fees, expenses and costs are not paid to the Town,it is the express intent of the Town to supersede such laws to empower the Town to require such payment as a condition to such acceptance, issuance or approvals. II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239-f-I(Rev.04/14) 1 III. § 280-131. Review procedure. N. Review by independent technical consultants: (1) The Planning Board may determine that a referral to an independent technical consultant(s) is deemed necessary to complete their review of an application, with the technical consultants' fees to be reimbursed by the applicant. Where the determination will result in total expenditures exceeding SEQRA regulations, such determination shall also require approval by the Town Board. Any such consultant shall be engaged in accordance with the Town's Procurement Policy. (2) Technical consultant fees (or"Fees") are those reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Town in connection with engineering, scientific, land use planning, environmental, legal or other similar professional reviews/assessments/advice/services concerning the adequacy, procedural or substantive aspects or applications or issues addressed during the course of decision making/review/approval/inspection function(s) of the Town Planning Board and rendered relative to and in connection with a particular application, including site plan approvals, subdivision approvals, or for any other land use or development permits or approvals required by the Town. (3) Reimbursement Process: (a) Estimate of Costs: Upon determining the need for technical assistance, the Planning Board shall provide the applicant with an estimate of the costs for hiring the necessary consultants and experts. (b) Deposit: The applicant shall deposit the estimated amount with the Town Clerk prior to the commencement of the review. (c) An escrow account for the applicant shall be established with the Town Comptroller's office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Planning Board. The Planning Board may suspend its review of the application until an escrow account is established and funded. (d) Withdrawals from said escrow account may be made from time to time to reimburse the Planning Board for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to 1/4 of its initial amount, the Planning Board shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to 1/2 of the initial deposit or to such sum as deemed necessary by the Planning Board. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Planning Board may suspend its review of the application. (e) Adjustment: If the actual costs exceed the initial estimate, the applicant shall be responsible for the additional costs. Conversely, if the actual costs are less than the estimate,the remaining balance shall be refunded to the applicant. (f) The consultant(s) will work under the direction of the Town Planning Director or designee. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant. (4) Failure to Reimburse Consultant Fees: (a) Application approvals shall not be issued unless the applicant is in compliance with this Chapter. (b) There may be an instance where Consultant Fees have been incurred by the Town but not yet billed to the applicant, or where fees have been billed but are not yet past due by the applicant, but where the Planning Board is ready for approval of an application. In such case, 2 the Planning Board may condition approval on compliance with this Chapter prior to issuance of any building permit associated with such application. (c) In Addition to any other remedy herein or otherwise, should an applicant or owner fail to reimburse Consultant Fees in accordance with this Chapter, regardless as to whether the subject application was ultimately approved or otherwise, the Town may seek recovery thereof in a Court of competent jurisdiction. IV. 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. V. EFFECTIVE DATE This Local Law shall apply to all new and pending applications for site plan before the Southold Town Planning Board and shall take effect immediately upon filing with the Secretary of State as provided by law. 3 (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. 22 of 2024 of the (( )(Town) )of SOUTHOLD was duly passed by the TOWN BOARD on December 17 , 2024, 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) 4 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 on inal on file in this office and that the same is a correct transcript there from and of the whole of such original local la .a d was finally adopted in the manner indicated in paragraph 1 , above. Clerk oRFle County legislative body, City, Town or (Seal) Village Clerk or officer designated by local legislative body Denis Noncarrow,Town Clerk Date: December 19,2024 DOS-239-f-I(Rev.04/14) 5 RESOLUTION 2024-1073 ADOPTED DOC ID: 20934 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-1073 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 17,2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 191h day of September 2024, a Local Law entitled "A Local Law in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement" 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 in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement" reads as follows: LOCAL LAW NO. 22 of 2024 A Local Law entitled"A Local Law in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this local law is to allow for Reimbursement to the Town for Technical Consultant Fees. This amendment is enacted by local law pursuant to the authority of the New York Municipal Home Rule Law Section 10. To the extent that Town Law, including Town Law §§274-a, 276, 277 and 278, does not directly authorize the Town, including the Town Planning Board, to require reimbursement to the Town of reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Town in connection with engineering, scientific, land use planning, environmental, legal or other similar professional reviews/assessment/advice concerning the adequacy, procedural or substantive aspects of applications or of the issues raised during the cost of review/consideration of such applications, including for site plan approvals, subdivision approvals or for any other land use or development permits or approvals required by the Town Planning Board. It is the express intent of the Town to change and supersede such statutes to permit the same. Moreover, to the extent that such statutes do not authorize the withholding of acceptance, issuance or approvals in the event such fees, expenses and costs are not paid to the Town, it is the express intent of the Town to supersede such laws to empower the Town to require such payment as a condition to such acceptance, issuance or approvals. II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: Resolution 2024-1073 Board Meeting of December 17, 2024 III. § 280-131. Review procedure. N. Review by independent technical consultants: (1) The Planning Board may determine that a referral to an independent technical consultant(s) is deemed necessary to complete their review of an application,with the technical consultants'fees to be reimbursed by the applicant. Where the determination will result in total expenditures exceeding SEQRA regulations, such determination shall also require approval by the Town Board. Any such consultant shall be engaged in accordance with the Town's Procurement Policy. (2) Technical consultant fees (or "Fees") are those reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Town in connection with engineering; scientific, land use planning, environmental, legal or other similar professional reviews/assessments/advice/services concerning the adequacy, procedural or substantive aspects or applications or issues addressed during the course of decision making/review/approval/inspection function(s) of the Town Planning Board and rendered relative to and in connection with a particular application, including site plan approvals, subdivision approvals, or for any other land use or development permits or approvals required by the Town. (3) Reimbursement Process: (a) Estimate of Costs: Upon determining the need for technical assistance, the Planning Board shall provide the applicant with an estimate of the costs for hiring the necessary consultants and experts. (b) Deposit: The applicant shall deposit the estimated amount with the Town Clerk prior to the commencement of the review. (c) An escrow account for the applicant shall be established with the Town Comptroller's office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Planning Board. The Planning Board may suspend its review of the application until an escrow account is established and funded. (d) Withdrawals from said escrow account may be made from time to time to reimburse the Planning Board for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to 1/4 of its initial amount, the Planning Board shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to 1/2 of the initial deposit or to such sum as deemed necessary by the Planning Board. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Planning Board may suspend its review of the application. (e) Adjustment: If the actual costs exceed the initial estimate, the applicant shall be responsible for the additional costs. Conversely, if the actual costs are less than the estimate, the remaining balance shall be refunded to the applicant. (f) The consultant(s)will work under the direction of the Town Planning Director or designee. Copies of the consultant(s') qualifications, findings Updated: 12/18/2024 3:48 PM by Lynda Rudder A Page 2 Resolution 2024-1073 Board Meeting of December 17, 2024 and reports will be provided to the applicant. (4) Failure to Reimburse Consultant Fees: . (a) Application approvals shall not be issued unless the applicant is in compliance with this Chapter. (b) There may be an instance where Consultant Fees have been incurred by the Town but not yet billed to the applicant, or where fees have been billed but are not yet past due by the applicant, but where the Planning Board is ready for approval of an application. In such case, the Planning Board may condition approval on compliance with this Chapter prior to issuance of any building permit associated with such application. (c) In Addition to any other remedy herein or otherwise, should an applicant or owner fail to reimburse Consultant Fees in accordance with this Chapter, regardless as to whether the subject application was ultimately approved or otherwise, the Town may seek recovery thereof in a Court of competent jurisdiction. IV. 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. V. EFFECTIVE DATE This Local Law shall apply to all new and pending applications for site plan before the Southold Town Planning Board and shall take effect immediately upon filing with the Secretary of State as provided by law. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Louisa P. Evans, Justice AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans Updated: 12/18/2024 3:48 PM by Lynda Rudder A Page 3 �vEFO(� BOARD MEMBERS �® �°� Southold Town Hall Leslie Kanes Weisman,Chairperson ��® �� 53095 Main Road P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes Robert Lehnert,Jr. ��; ®� Tel.(631)765-1809 Nicholas Planamento ®.� `�� Fax(631)765-9064 ZONING BOARD OF APPEALS RECEIVE® TOWN OF SOUTHOLD DEC t 7 2n TO: Supervisor Krupski and Town Board Members FROM: Leslie Kanes Weisman,ZBA Chairperson/Department Head Southold Town Clerk RE: Proposed Local Law on Technical Consultant Fee Reimbursement DATE: December 16,2024 I'm writing on behalf of the Board of Appeals to support the proposed code, and respectfully request that this letter be read into the record of the hearing in its entirety,since I am unable to attend today in person. Codifying the proposed local law is a longstanding practice in many municipalities. In our Town,the Zoning Board of Appeals successfully implemented this process when our Board assumed lead agency on complex applications requiring approvals from both the ZBA and the Planning Board. In our experience,having guidance from our own experts in evaluating the merits of reports submitted by an applicant's technical consultants was essential. Most of those reports --from traffic studies by engineers to environmental impact analyses by environmental planners --are highly specialized and are usually beyond the scope of Board members' expertise.Moreover, it is not unreasonable to assume that an applicant's consultants would have the best interests of their clients in mind. To ensure the veracity of their submissions,the Town must have available to us, consultants that have the best interests of our Town in mind. Zoning Board members believe it is both fair and appropriate that fees for the Town's consultants be paid by applicants,whose proposed projects, if approved, are likely to provide them with substantial benefits. Many developers are already familiar with the expectation that they will be required to reimburse the Town for the consultants the Town deems necessary to hire during the review of their applications. The ZBA encourages the Town Board to adopt the proposed draft code as written. Si ce yours, VA �� Leslie Kanes Weisman ZBA Chairperson/Department Head DENIS NONCARROW We 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 RECORDS MANAGEMENT OFFICER Telephone(631)765-1800 ®� '�� www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN'OF SOUTHOLD November 20, 2024 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 December 17,2024 at 4:30 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in Relation to Amendments to.:Chapter 280,Technical Consultant Fee Reimbursement Please sign this letter and return to me at your earliest convenience. Thank you. ;L Denis Noncarrow Southold Town Clerk Attachments cc: Long Island State Park Commission Cj S42- Email: Town of Riverhead Town of Shelter Island Town of Southampton.- Southold Building Dept-," Southold Planning Dept;s Southold Trustees Southold Assessors✓ Southold ZBA Village of Greenport Suffolk County Dept of Planning Signature, Received by Date Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Mudd, Jennifer From: Mudd, Jennifer Sent: Thursday, November 21, 2024 3:51 PM To: christine.desalvo@suffolkcountyny.gov, Bunch, Connie; 'Candace Hall'; Cantrell, Elizabeth; Fuentes, Kim; Glew, Claire; 'Greenport Village Clerk'; Lanza, Heather, Michaelis, Jessica; Norklun, Stacey; Nunemaker,Amanda; Sepenoski,John; 'Shelter Island Clerk'; 'Southampton Town clerk(TownClerk@southamptontownny.gov)';Verity, Mike; Webster, Kevin;Weisman,Leslie Cc: Noncarrow, Denis; Rudder, Lynda; Born, Sabrina Subject: Emailing: NTA - Ch. 280,Technical Consultant Fee Reimbursement.pdf Attachments: NTA- Ch. 280, Technical Consultant Fee Reimbursement.pdf Importance: High Good Afternoon, Please see attached. Thank you, Jen Jennifer M. Mudd Sub-Registrar and Deputy Town Clerk Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Phone: 631-765-1800 ext. 1274 Fax: 631-765-6145 Your message is ready to be sent with the following file or link attachments: NTA-Ch. 280,Technical Consultant Fee Reimbursement.pdf Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 agu rot, DEMS NONCARROW .,;�y ¢ Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Cog Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p... �.: Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800. RECORDS MANAGEMENT OFFICER �j '�►� _' FREEDOM OF INFORMATION OFFICER .. www southoldtownny gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 20,2024 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 December 17i:.2- .024 at 4:30 pin at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in Relation to Amendments to Chapter 280,Technical Consultant Fee Reimbursement Please sign this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments . cc: 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 Greenpport Suffolk County Dept of Planning A. Signature,Received by 'Date S�/V b SGf/��2 M�ycle &D(J7-f AryP)0W 70WA/CL�/'P-K Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK 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 °�',�p® ��°�' Telephone e RECORDS MANAGEMENT OFFICER www.soutiiLo0 ®y.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK Nov 2 2 2 TOWN OF SOUTHOLD November 20, 2024 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 December 17,2024 at'4:30 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in Relation to Amendments to Chapter 280,Technical Consultant Fee Reimbursement Please sign this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments cc: Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees CSouthold ssessors Southold ZBA Village of Greenport Suffolk County Dept of Planning r Signature, Received by Date -45-wn�-o (c Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK �osuff � . DENIS NONCARROW ��� y Town Hall,53095 Main Road TOWN CLERK ® P.O.Bog 1179 Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS • Fax(631)765-6145 MARRIAGE OFFICER !y�o ®�'• Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �" wwwsoutholdtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 20,2024 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 December 17,2024 at 4:30 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in Relation to Amendments to Chapter 280,Technical Consultant Fee Reimbursement Please sign this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments cc: Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Buildi�Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Suffolk C7:xe ept of Planning z ignature,Rec i by Date lease print name Tit e RECEIVED DUPLICATE TO BE SIGNED AND RETURNED TO NOV SOUTHOLD TOWN CLERK Southold Town Clerk 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 ®. 's www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 20,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUB T-I C UEARINCC on the proposed Local Law listed below on Deeember 11,20M at 4f30:nm, at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in Relation to Amendments to Chapter 280,Technical Consultant Fee Reimbursement Please sign this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments cc: Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept C ou old Planning Dept Southold Trustees Southold Assessors Southold ZBA `Villa e of Greenport Suffolk County Dept of Planning s � ( 1 gxl tore,3-eceived by Date Please print name Title RECEIVED DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK NO25 = Southold Town Clerk - DENIS NONCARROW o~� G.y� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 coo 2 Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS 5 �C Fax(631)765-6145 MARRIAGE OFFICER 'f' RECORDS MANAGEMENT OFFICER ��,( A �O Telephone oldt nny.go0 FREEDOM OF INFORMATION OFFICER www.southoldtownnygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 20, 2024 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 December 17,2024 at 4:30 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement Please sign this letter and return to me at your earliest convenience. Thank you. e 1z; 1 't; Denis Noncarrow 0EC - 5 '2024 Southold Town Clerk fl Attachments cc: Long Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island M ton Southold Building Dept Dept Southold Trustees Southold ZBA rt Suffolk County Dept of Planning nature, Rec ved by Date 6� Please pri t name Tie DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK • .\' .,. l OFFICE"LOCATION: 'so MAILING ADDRESS:; Town Hall Annex �� o� P.O.Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) I`Southold,NY Telephone:631 766-1938 N www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM, To Albert J. Krupski Jr.,Town Supervisor Members of the Town Board Denis Noncarrow, Town Clerk From: James H.Rich III, Chairman Members of the Planning Board Date: November 6, 2024 Re: Planning Board Comments on"A Local Law in Relation to Reimbursement to the Town of Technical Consultant Fees'-' The Planning Board supports the amendments proposed as written. These amendments will shift the cost of reviewing the larger and more complex development applications from the local taxpayer to the project sponsor who benefits from the development. The Planning Board appreciates the opportunity to comment on this local law. Please contact the department with any questions. cc: Paul DeChance, Town Attorney Mudd, Jennifer From: Mudd,Jennifer Sent: Friday, November 22, 2024 3:04 PM To: jhrichiii.stpb@gmail.com' Cc: Noncarrow, Denis; Rudder, Lynda; Born, Sabrina; Lanza, Heather; Michaelis,Jessica Subject: Emailing: Ch. 280 Technical Consultant Fee Reimbursement.pdf Attachments: Ch. 280 Technical Consultant Fee Reimbursement.pdf Good Afternoon, Please see attached for your review. Thank you, Jen Jennifer M. Mudd Sub-Registrar and Deputy Town Clerk Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Phone: 631-765-1800 ext. 1274 Fax: 631-765-6145 Your message is ready to be sent with the following file or link attachments: Ch. 280 Technical Consultant Fee Reimbursement.pdf Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 DENIS NONCARROW �� G.j, Town Hall,53095 Main Road TOWN CLERK - p P.O.Box 1179 CIO Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Q Fax(631)765-6145 MARRIAGE OFFICER A Telephone(631)765-1800 RECORDS MANAGEMENT.OFFICER �0•� '1►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 21, 2024 Re: Resolution 2024-995 A Local Law in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement Mr. James Rich, III, Chairman Southold Town Planning Department 54375 State Route 25 _ Post Office Box 1179 Southold,New York 11971 Dear Mr. Rich, III, The Southold Town Board at their regular meeting held on November 19, 2024 adopted the resolution referenced above. A Certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to the proposed Local Law and forward it to me at a suitable time in order to allow sufficient time for the Town Board to review it before the public hearing. This proposed local law will also be transmitted to the LWRP Coordinator for his review. The date and time for the public hearing is 4:30 P.M., Tuesday, December 17,2024 respectfully. Please do not hesitate to contact me, if you-have any questions. Thank you. Very truly yours, Jennifer M. Mudd Deputy Town Clerk Enclosures c OFFICE LOCATION: ' ` MAILING ADDRESS: Town Hall Annex "` °= ''' Qr ; P.O.Box 1179 54375 State Route 25 + ; Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) " '•C#* G Southold,NY 11971 • Q` Telephone: 631 765-1938 `', •F._.=�►�� •� __ O;' y61 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED �j To: Town of Southold Town Board NOV - 4 Denis Noncarrow, Town Clerk Southold Town Clerk From: Mark Terry, AICP Assistant Town Planning Director , LWRP Coordinator Date: November 4, 2024 Re: Local Waterfront Revitalization Coastal Consistency Review"A Local Law in Relation to the Reimbursement to the Town of Technical Consultant Fees and may also be referred to as the Technical Consultant Fee Reimbursement Law." A Local Law in Relation to the Reimbursement to the Town of Technical Consultant Fees,which may also be referred to as the Technical Consultant Fee Reimbursement Law, was reviewed in Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP) Policy Standards. Based upon the information provided to this department,the proposed action is recommended as CONSISTENT with the LWRP. Pursuant to Chapter 268,the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Paul DeChance, Town Attorney OFFICE LOCATION: �Wr SO(/�y MAILING ADDRESS: Town Hall Annex P.O. Box 1179 �� 54375 State Route 25 ~ O Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY y Telephone: 631 765-1938 �pQ www.southoldtownny.gov oly�OU ,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED MEMORANDUM NOV _ 4 20 To: Town of Southold Town Board Southold Town Clerk Denis Noncarrow, Town Clerk From: Mark Terry, Assistant Director of Planning Date: November 4, 2024 Re: A Local Law in relation to "A Local Law in Relation to the Reimbursement to the Town of Technical Consultant Fees and may also be referred to as the Technical Consultant Fee Reimbursement Law." The proposed action has been reviewed by New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that pursuant to Part 617.5(c)(26),the action is"continuing agency administration and management" and, therefore a Type II action not subject to review. 61 7.5(c)(26) "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment,- Please call me with any questions. Cc; Paul DeChance, Town Attorney DENIS NONCARROW o~� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 C* Z Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS 5 Fax(631)765-6145 MARRIAGE OFFICER 'f' 800 RECORDS MANAGEMENT.OFFICER ��,( •�`�� Telephone oldt 76n .gov FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 21, 2024 Re: Resolution 2024-995 A Local Law in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement Mark Terry, LVWRP Coordinator Southold Town Planning Department 54375 State Route 25 Post Office Box 1179 Southold,New York 11971 Dear Mr. Terry: The Southold Town Board at their regular meeting held on November 19, 2024 adopted the resolution referenced above. A Certified copy is enclosed. Please prepare an official LVWRP and SEQRA report with regard to the proposed Local Law and forward it to me at a suitable time in order to allow sufficient time for the Town Board to review it before the public hearing. This proposed local law will also be transmitted to the Southold Town Planning Department and to the Suffolk County Planning Department for their review. The date and time for this public hearing is 4:30 P.M., Tuesday, December 17,2024 respectfully. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, slit , Jennifer M. Mudd Deputy Town Clerk Enclosures Appendix A _ County Referral Form Appendix A-Suffolk County Planning Commission Guidebook Suffolk County Planning Commission Submission Cover Form for Planning and Zoning Referrals Municipality: Town of Southold Hamlet: Local Case Number: 2024-995 District:1000 Section: Block: Lot: Local Meeting Date: 12/17/2024 Application/Action Name: Technical Consultant Fee Reimbursement Public Hearing: '(�)Yes INo Referring Agency: Type of Referral: Planning Board or Commission ❑✓ GML239/A14-14 S.C.P.C. Regulatory Review Zoning Board of Appeals I ISEQRA Coordination &Advisory • Town Board/Village Board of Trustees Request for Informal Input from S.C.P.C. SEQRA Action: FEAF ❑Lead Agency ❑Draft Scope DDraft EIS Final EIS Findings Brief description of application or proposed action: A Local Law in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement Type of Action Please check appropriate box below if action is located within the Suffolk County Pine Barrens Zone, within one mile of a nuclear power plant or airport or within 500 feet of.• • A municipal boundary, • The boundary of any existing or proposed county, state, or federal park or other recreation area, • The right-of-way of any existing or proposed county or state road, • An existing or proposed county drainage channel line, • The Atlantic Ocean, Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water, The boundary of county, state, or federally owned land held or to be held for governmental use, • The boundary of a farm located in an agricultural district. Comprehensive Plan (Adoption or Amendment) Subdivision EISEQRA Only Zoning Ordinance or Map (Adoption or Amendment) FlUse Variance Moratorium ❑Special Use Permit/Exception/Conditional Use ❑Area Variance Site Plan Code Amendment Official Map Note:The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission.The provisions of GML and Laws of Suffolk County must be used to verify which actions are subject to referral and the related procedural requirements. Contact Information Municipality Contact Name: Albert J. Krupski, Jr., Supervisor Department/Agency. Town of Southold Phone Number: (631) 765-1800 Email Address: denisn@southoldtownny.gov Applicant Contact Name: Denis Noncarrow, Town Clerk Applicant Address: 53095 Main Road, PO Box 11791 Southold, NY 11971 Mudd, Jennifer From: Mudd,Jennifer Sent: Thursday, November 21, 2024 3:53 PM To: LL Referral Notice-Suff Co Ping (Plannin.ugpi9cmyw7vg0oku@u.box.com) Cc: Noncarrow, Denis; Rudder, Lynda; Born, Sabrina Subject: Emailing: Referral Form (2024-995).pdf Attachments: Referral Form (2024-995).pdf Good Afternoon, Please see attached for your review. Thank you, Jen Jennifer M. Mudd Sub-Registrar and Deputy Town Clerk Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold, NY 11971, Phone: 631-765-1800 ext. 1274 Fax: 631-765-6145 Your message is ready to be sent with the following file or link attachments: Referral Form (2024-995).pdf Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 RECEIVED COUNTY OF SUFFOLK DEC r►31 EDWARD P.ROMAINE SUFFOLK COUNTY EXECUTIVE Southold Town Clerk DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE COMMISSIONER ELISA PICCA CHIEF DEPUTY COMMISSIONER December 3, 2024 Town of Southold 53095 Main Road P.O. Box 1179 Southold,NY 11971 Attn: Albert J. Krupski, Jr., Supervisor Applicant: Town of Southold Zoning Action: Adopted Resolution 2024-995 A Local Law in relation to Amendments To Chapter 280, Technical Consultant Fee Reimbursement S.C.P.D. File No.: SD-24-LD Dear Supervisor Krupski: 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, Adam a�.�r� By Christine DeSalvo Joseph E. Sanzano, Planning Director Division of Planning &Environment JES/cd cc: Denis Noncarrow, Town Clerk, Town of Southold H.LEE DENNISON BLDG 0 100 VETERANS MEMORIAL HWY,2nd FI 0 P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 Invoice rM K2 MEDIA GROUP Invoice number 52D6E722-0010 Date of issue November 21,2024 Date due November 27,2024 Check payable to: Times Review Media Group Suffolk Times Bill to 7555 Main Road jennifer.mudd@town.southold.ny.us PO Box 1500 Mattituck, New York 11952 United States +1 631-298-3200 Ibazata@timesreview.com $94.51 USD due November 27, 2024 Pay onllne Confirmation Id: be107b31 Description City Unit price Amount Publication date:11/28/2024 1 $69.51 $69.51 QAC Affidavit 1 $25.00 $25.00 Subtotal $94.51 Total $94.51 Amount due $94.51 USD 52D6E722-0010•$94.51 USD due November 27,2024 Page 1 of 2 Check payable to:Times Review Media Group Click this link for Ad copy: https://gacmainstorage.blob.core.windows.net/notices/NY/The_Suffolk-Times/Suffolk-County/Publicnotice_bel07b3l.pdf Ad Text: LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York,on the 19th day of September 2024,a Local Law entitled A Local Law in Relation to Amendments to Chapter 280,Technical Consultant Fee Reimbursement" and NOTICE IS HEREBY FURTHER GIVEN 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 17th day of December,2024 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 in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement"reads as follows LOCAL LAW NO. 2024 A Local Law entitled A Local Law in Relation to Amendments to Chapter 280,Technical Consultant Fee Reimbursement" BE IT ENACTED by the Town Board of the Town of Southold as follows I.Purpose-The purpose of this local law is to allow for Reimbursement to the Town for Technical Consultant Fees.This amendment is enacted by local law pursuant to the authority of the New York Municipal Home Rule Law Section 10.To the extent that Town Law,including Town Law§§274-a, 276,277 and 278,does not directly authorize the Town, including the Town Planning Board,to require reimbursement to the Town of reasonable and necessary legal, engineering and other professional consulting fees,expenses and costs incurred by the Town in connection with engineering, scientific, land use planning, environmental, legal or other similar professional reviews assessment advice concerning the adequacy, procedural or substantive aspects of 52D6E722-0010•$94.51 USD due November 27,2024 Page 2 of 2 LEGAL NOTICE a• NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Su&olk County,New York,on the 19 day of September 2024,a Local Law entitled"A Local Law In Relation to Amendments to Chapter 280,Technical Consultant Fee Reimbursement" and NOTICE IS HEREBY FURTHER GIVEN the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall,53095 Main R?IW,Southold,New York,on the 17 day of December,2024 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 In Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement"reads as follows: LOCAL LAW NO, 2024 A Local Law entitled"A Local Law in Relation to Amendments to Chapter 280,Technical Consultant Fee Reimbursement" BE IT ENACTED by the Town Board of the Town of Southold as follows: I.Purpose-The purpose of this local law is to allow for Reimbursement to the Town for Technical Consultant Fees.This amendment is enacted by local law pursuant to the authority of the New York Municipal Home Rule Law Section 10.To the extent that Town Law,including Town Law§§274-a, 276,277 and 278,does not directly authorize the Town,including the Town Planning Board,to require reimbursement to the Town of reasonable and necessary legal, engineering and other professional consulting fees,expenses and costs incurred by the Town in connection with engineering, scientific,land use planning, environmental,legal or other similar professional reviews/assessment/advice concerning the adequacy, procedural or substantive aspects of applications or of the issues raised during the cost of review/consideration of such applications,including for site plan approvals,subdivision approvals or for any other land use or development permits or approvals required by the Town Planning Board.It is the express intent of the Town to change and supersede such statutes to permit the same. Moreover,to the extent that such statutes do not authorize the withholding of acceptance, issuance or approvals in the event such fees,expenses and costs are not paid to the Town,it is the express Intent of the Town to supersede such laws to empower the Town to require such payment as a condition to such acceptance, issuance or approvals. A complete copy of this proposed Local Law Is available on the town website: southoldtownnv.00v or at the Town Clerk's Office during normal business hours. DATED:NOVEMBER 19,2024 BY ORDER OF THE TOWN BOARD Denis Noncarrow,Town Clerk :__.;_ ,-i. Mudd, Jennifer From: Reisenberg, Lloyd Sent: Thursday, November 21, 2024 12:15 PM To: Mudd,Jennifer Subject: RE: Emailing: Ch. 280-Technical Consultant Fee Reimbursement.doc All set Jen. Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York www.southoldtownny.gov Iloyd.reisenberg@town.southold.ny.us 0: 631-765-1891 1 M:631-879-1554 CONFIDENTIALITY NOTICE:This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. -----Original Message----- From: Mudd,Jennifer<jennifer.mudd@town.southold.ny.us> Sent:Thursday, November 21, 2024 11:06 AM To: DeChance, Paul<pauld@southoldtownny.gov>; Doherty,Jill<jill.doherty@town.southold.ny.us>; Doroski, Greg <greg.doroski@town.southold.ny.us>; Evans, Louisa <louisae@town.southold.ny.us>;Johnson, Benjamin <benjaminj@southoldtownny.gov>; Krupski,Al<alk@town.southold.ny.us>; Lisa Finn (lisaahfinn@gmail.com) <lisaahfinn@gmail.com>; McGivney,Julie<juliem@southoldtownny.gov>; Mealy, Brian <brian.mealy@town.southold.ny.us>; Norklun,Stacey<Stacey.Norklun@town.southold.ny.us>; Reisenberg, Lloyd <Lloyd.Reisenberg@town.southold.ny.us>;Schlachter,Amy<amys@southoldtownny.gov>;Smith,Anne <anne.smith@town.southold.ny.us>; Squicciarini,James<jacks@southoldtownny.gov>; Standish, Lauren <Lauren.Standish@town.southold.ny.us>;Tomaszewski, Michelle<michellet@town.southold.ny.us>;Tomaszewski, Zachary<zact@southoldtownny.gov> Cc: Noncarrow, Denis<denisn@southoldtownny.gov>; Rudder, Lynda <lynda.rudder@town.southold.ny.us>; Born, Sabrina <sabrina.born@town.southold.ny.us> Subject: Emailing: Ch. 280-Technical Consultant Fee Reim bursement.doc Good Morning, Please see attached. Thank you, .Jen Jennifer M. Mudd Sub-Registrar and Deputy Town Clerk Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 1 Southold, NY 11971 Phone: 631-765-1800 ext. 1274 Fax: 631-765-6145 Your message is ready to be sent with the following file or link attachments: Ch. 280-Technical Consultant Fee Reimbursement.doc Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. z LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 191h day of September 2024, a Local Law entitled "A Local Law in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement" and NOTICE IS HEREBY FURTHER GIVEN 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 17th day of December,2024 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 in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement" reads as follows: LOCAL LAW NO. 2024 A Local Law entitled"A Local Law in Relation to Amendments to Chapter 280,Technical Consultant Fee Reimbursement" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose -The purpose of this local law is to allow for Reimbursement to the Town for Technical Consultant Fees. This amendment is enacted by local law pursuant to the authority of the New York Municipal Home Rule Law Section 10. To the extent that Town Law, including Town Law §§274-a, 276, 277 and 278, does not directly authorize the Town, including the Town Planning Board,to require reimbursement to the Town of reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Town in connection with engineering, scientific, land use planning, environmental, legal or other similar professional reviews/assessment/advice concerning the adequacy,procedural or substantive aspects of applications or of the issues raised during the cost of review/consideration of such applications, including for site plan approvals, subdivision approvals or for any other land use or development permits or approvals required by the Town Planning Board. It is the express intent of the Town to change and supersede such statutes to permit the same. Moreover,to the extent that such statutes do not authorize the withholding of acceptance, issuance or approvals in the event such fees, expenses and costs are not paid to the Town, it is the express intent of the Town to supersede such laws to empower the Town to require such payment as a condition to such acceptance, issuance or approvals. II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: III. § 280-131. Review procedure. N. Review by independent technical consultants: (1) The Planning Board may determine that a referral to an independent technical consultant(s) is deemed necessary to complete their review of an application,with the technical consultants' fees to be reimbursed by the applicant Any such consultant shall be engaged in accordance with the Town's Procurement Policy. (2) Technical consultant fees (or "Fees") are those reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Town in connection with engineering, scientific, land use planning, environmental, legal or other similar professional reviews/assessments/advice/services concerning the adequacy, procedural or substantive aspects or applications or issues addressed during the course of decision making/review/approval/inspection function(s) of the Town Planning Board and rendered relative to and in connection with a particular application, including site plan approvals, subdivision approvals, or for any other land use or development permits or approvals required by the Town. (3) Reimbursement Process: (a) Estimate of Costs: Upon determining the need for technical assistance, the Planning Board shall provide the applicant with an estimate of the costs for hiring the necessary consultants and experts. (b) Deposit: The applicant shall deposit the estimated amount with the Town Clerk prior to the commencement of the review. (c) An escrow account for the applicant shall be established with the Town Comptroller's office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Planning Board. The Planning Board may suspend its review of the application until an escrow account is established and funded. (d) Withdrawals from said escrow account may be made from time to time to reimburse the Planning Board for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to 1/4 of its initial amount, the Planning Board shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to 1/2 of the initial deposit or to such sum as deemed necessary by the Planning Board. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Planning Board may suspend its review of the application. (e) Adjustment: If the actual costs exceed the initial estimate, the applicant shall be responsible for the additional costs. Conversely, if the actual costs are less than the estimate, the remaining balance shall be refunded to the applicant. (f) The consultant(s)will work under the direction of the Town Planning Director or designee. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant. (4) Failure to Reimburse Consultant Fees: (a) Application approvals shall not be issued unless the applicant is in compliance with this Chapter. (b) There may be an instance where Consultant Fees have been incurred by the Town but not yet billed to the applicant, or where fees have been billed but are not yet past due by the applicant, but where the Planning Board is ready for approval of an application. In such case, the Planning Board may condition approval on compliance with this Chapter prior to issuance of any building permit associated with such application. (c) In Addition to any other remedy herein or otherwise, should an applicant or owner fail to reimburse Consultant Fees in accordance with this Chapter, regardless as to whether the subject application was ultimately approved or otherwise, the Town may seek recovery thereof in a Court of competent jurisdiction. IV. 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. V. EFFECTIVE DATE This Local Law shall apply to all new and pending applications for site plan before the Southold Town Planning Board and shall take effect immediately upon filing with the Secretary of State as provided by law. DATED: NOVEMBER 19, 2024 BY ORDER OF THE TOWN BOARD DENIS NONCARROW, SOUTHOLD TOWN CLERK STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Denis Noncarrow, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 2111 day of November,2024, 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.southoldtoLAM.gov PH 12/17/2024 @ 4:30 pm: "A Local Law in ation to mendments to Chapter 280, Technical Consultant Fee Rei urseme t" Denis Noncarrow Southold Town Clerk Sworn to before me on the 21' day of November, 2024 Notary Public JENNIFER M MUW NOTARY PUBLIC,STATE OF NEW YOM Registration No.01MUS429063 Qualified in Suffolk County 0(0 My Commission Expires February 07.20 firjt `�h`;outhold Town Board - Letter Board Meeting of November 19, 2024 RESOLUTION 2024-995 Item 4 5.21 ADOPTED DOC ID: 20811 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-995 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 19,2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 19" day of September 2024, a Local Law entitled "A Local Law in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement" and WHEREAS 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 17`h day of December,2024 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 in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement" reads as follows: LOCAL LAW NO. 2024 A Local Law entitled "A Local Law in Relation to Amendments to Chapter 280, Technical Consultant Fee Reimbursement" BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose - The purpose of this local law is to allow for Reimbursement to the Town for Technical Consultant Fees. This amendment is enacted by local law pursuant to the authority of the New York Municipal Home Rule Law Section 10. To the extent that Town Law, including Town Law §§274-a, 276, 277 and 278, does not directly authorize the Town, including the Town Planning Board, to require reimbursement to the Town of reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Town in connection with engineering, scientific, land use planning, environmental, legal or other similar professional reviews/assessment/advice concerning the adequacy, procedural or substantive aspects of applications or of the issues raised during the cost of review/consideration of such applications, including for site plan approvals, subdivision approvals or for any other land use or development permits or approvals required by the Town Planning Board. It is the express intent of the Town to change and supersede such statutes to permit the same. Moreover, to the extent that such statutes do not authorize the withholding of acceptance, issuance or approvals in the event such fees, expenses and costs are not paid to the Town, it is the express intent of the Town to supersede such laws to empower the Town to require such payment as a condition to such acceptance, issuance or approvals. Generated November 20, 2024 Page 35 Southold Town Board - Letter Board Meeting of November 19, 2024 II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: III. § 280-131. Review procedure. N. Review by independent technical consultants: (1) The Planning Board may determine that a referral to an independent technical consultant(s) is deemed necessary to complete their review of an application,with the technical consultants' fees to be reimbursed by the applicant. Any such consultant shall be engaged in accordance with the Town's Procurement Policy. (2) Technical consultant fees (or "Fees") are those reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Town in connection with engineering, scientific, land use planning, environmental, legal or other similar professional reviews/assessments/advice/services concerning the adequacy, procedural or substantive aspects or applications or issues addressed during the course of decision making/review/approval/inspection function(s) of the Town Planning Board and rendered relative to and in connection with a particular application, including site plan approvals, subdivision approvals, or for any other land use or development permits or approvals required by the Town. (3) Reimbursement Process: (a) Estimate of Costs: Upon determining the need for technical assistance, the Planning Board shall provide the applicant with an estimate of the costs for hiring the necessary consultants and experts. (b) Deposit: The applicant shall deposit the estimated amount with the Town Clerk prior to the commencement of the review. (c) An escrow account for the applicant shall be established with the Town Comptroller's office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Planning Board. The Planning Board may suspend its review of the application until an escrow account is established and funded. (d) Withdrawals from said escrow account may be made from time to time to reimburse the Planning Board for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to 1/4 of its initial amount, the Planning Board shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to 1/2 of the initial deposit or to such sum as deemed necessary by the Planning Board. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Planning Board may suspend its review of the application. Generated November 20, 2024 Page 36 Southold Town Board - Letter Board Meeting of November 19, 2024 (e) Adjustment: If the actual costs exceed the initial estimate, the applicant shall be responsible for the additional costs. Conversely, if the actual costs are less than the estimate, the remainine balance shall be refunded to the applicant. (f) The consultant(s)will work under the direction of the Town Planning Director or designee. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant. (4) Failure to Reimburse Consultant Fees: (a) Application approvals shall not be issued unless the applicant is in compliance with this Chapter. (b) There may be an instance where Consultant Fees have been incurred by the Town but not yet billed to the applicant, or where fees have been billed but are not yet past due by the applicant, but where the Planning Board is ready for approval of an application. In such case, the Planning Board may condition approval on compliance with this Chapter prior to issuance of any buildinlz permit associated with such application. (c) In Addition to any other remedy herein or otherwise, should an applicant or owner fail to reimburse Consultant Fees in accordance with this Chapter, regardless as to whether the subject application was ultimately approved or otherwise, the Town may seek recovery thereof in a Court of competent_jurisdiction. IV. 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. V. EFFECTIVE DATE This Local Law shall apply to all new and pending applications for site plan before the Southold Town Planning Board and shall take effect immediately upon filing with the Secretary of State as provided by law. Denis Noncarrow Southold Town Clerk RESULT:- ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans Generated November 20, 2024 Page 37 COMPLETE1N COMPLETE THIS SECTIONON DELIVERY rl Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X gent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed e) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address differed from iti m'1?.'❑Yes If YES,enter delivery address below: °Jp No S. C. Depart of Economic 0 T Develo,pment& Planning H. Lee,,Dennison Building-4th Floor P.O.•Box'6100, 100 Vets Mem Hwy > Hauppauge,N-Y-11788-0099- 3. Service Type ❑Priority Mail Express@ II I IIII'I I'II I'I I II II II III I III II I I I II I IIII I III ❑Adult Signature ❑Registered Mail ❑Adult Signature Restricted Delivery ❑Registered Mail Restricte Certified Mail@ Delivery 9590 9402 7131 1251 6920 02 ❑Certified Mall Restricted Delivery ❑Signature ConflrmationTM ❑Collect on Delivery 0 Signature Confirmation 2Icle-Number-(.Transfar-frDm-servicajbi-j a ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 2 2 2 412 0001 2 5 3 7 2 2 6 6 ❑Insured Mall Restricted Delivery (over$500) 3S Form 3811.July 2020 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACIUNG# first- ass Mail P'oste�=fees Paid USPS Permit No.G-10 I 9590 9402 7131 1251 6920 02 United States •Sender:Please,print your name,address,and ZIP+4®in this box• Postal Service -- ----------__--.-...-- .............-------_ Southold Town Clerk PO Box 1179 53095 Main Road Southold,NY 11971 iENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete iterrls 1,2,and 3. A. Signature X ■ Print your name and address on the reverse ❑Agent 1�lLS ❑Addressee so that we can return the card to you. '- ■ Attach this card to the back of the mailpiece, B. Received by rin ame) C. Date f Delivery or on the front if space permits. LL 1/�GS (� O 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes If YES,enter delivery address below: ❑No LI State Park Commission ,,Belmont Lake State Park TO Box 247 Babylon,NY 117.02 3. Service Type ❑Priority Mail Express@ IIIIIII'I('II I'IIIIiI II IIIIIII III IIIII'IIIIIII ❑Adult Signature ❑Registered MailrM ❑Adult Signature Restricted Delivery ❑Registered Mall Restricts Certified Mail@ Delivery 9590 9402 7131 1251 6919 99 Certified Mail Restricted Delivery ❑Signature Confirmation* ❑Collect on Delivery ❑Signature Confirmation 2 Articlesltlmber(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 7022 2 410 0 0 0-1 0537 0 2 5 9 i� ❑Insured Mail Restricted Delivery (over$500 7R I+nrm i4R11 jl dt�I7rt9�n PU,7hgn nq_nWdnkn I I Dnmastin Return RBCP.int USPS TRACK NG# First-Class Mail Postage&Fees Paid USPS Permit No.G-10 9590 9402 7131 1251 L919 99 United States •Sender:Please print your name,address,and ZIP+4®in this box• Postal Service __--_----- ---------- Southold Town Clerk PO Box 1179 53095 Main Road Southold,NY 11971 j i i 11i if � � r I it ;� i iil 1 ill li i llu I Ili