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HomeMy WebLinkAboutLL 2004 #20 ELIZABETH A. NEVILLE TOWN CLERK REGISTR:ER OF VITAL STATISTICS M-~.RRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOR~LiTION OFFICER To~vn Hall, 53095 Main Road P.O. Box 1179 Southold, Ne~v York 11971 Fax (631) 765-6145 Telephone (631 ~ 765-1800 southoldtown.nor t hfork,net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 744A OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 5, 2004: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed Local Law entitled '"'A Local Law In Relation to a Conservation Subdivision exclusion in the Moratorium on Processing, Review of, and making Decisions on applications for Maior Subdivisions~ Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold'"' is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subiect to review under SEQRA. Elizabeth A. Neville Southold Tosvn Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS ~,~_RRIAGE OFFICER RECORDS ~£~',IAGEMENT OFFICER FREEDOM OF INFOR~L~T[ON OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (63lj 765-6145 Telephone (631) 765-1800 sout holdt own.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 744B OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 5, 2004: WHEREAS there has been presented to the Town Board of the To~vn of Southold, Suffolk County, New York, on the 21 st day of September, 2004, a Local Law entitled, "A Local Law In Relation to a Conservation Subdivision exclusion in the Moratorium on Processing, Review of, and making Decisions on applications for Ma[or Subdivisions~ Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold"; and WHEREAS that the Town Board of the Toxvn of Southold held a public hearing on the aforesaid Local Law, at xvhich time all interested persons will be given an opportunity to be heard, Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: A Local Law entitled "A Local Law In Relation to a Conservation Subdivision exclusion in the Moratorium on Processing~ Reviesv oft and making Decisions on applications for Maior Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold' reads as follows: LOCAdL LAW NO. ~0 2004 A Local Law In Relation to a Conservation Subdivision exclusion in the Moratorium on Processing, Review of, and making Decisions on applications for Major Subdivisions. Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE The Town Board has enacted new subdivision regulations that incorporate a "Conservation Subdivision", ~vhich creates the opportunity for the landowner to reduce the potential yield ora site xvhile protecting and preserving agricultural land and/or open space. The "Conservation Subdivision" was previously defined as an exclusion under the moratorium, and the nexv subdivision regulations have expanded the definition of the conservation subdivision. This law will allow any conservation subdivision as defined in the new subdivision regulations to be excluded from thc terms of the moratorium. Section 2. AMENDMENTS. A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold Section 4. EXCLUSIONS This Local Law shall not apply to: (12) New subdivision applications for a "Conservation Subdivision" pursuant to Chapter Al06 of the Southold Town Code (as amended August 24, 2004); Section 3. 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 effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. EFFECTIVE DATE This Local Laxv shall take effect inunediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk STATE OF NEW YORK DEPARTH~'NT OF STATE 4 I STATE STREET ALBANY, NY I ~3 I -ooo I OEORGE E. PATAKI October 25, 2004 RANDY A DANIELS RECEIVED Town of Southold Office of the Town Clerk Town Hall 53095 Main Road PO Box 1179 Southold, NY 11971 OCT 2 8 Z004 Southold Town Clerk RE: Town of Southold, Local Law 20, 2004, filed on 10/21/2004 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 Local Law Filine NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET~ ALBANY~ NV 12231 (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. Town of SOUTHOLD LOCAL LAW NO. 20 2004 A Local Law In Relation to a Conservation Subdivision exclusion in the Moratorium on Processing, Reviexv of, and making Decisions on applications for IVlajor Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE The Town Board has enacted nexv subdivision regulations that incorporate a "Conservation Subdivision", which creates the opportunity for the landowner to reduce the potential yield ora site while protecting and preserving agricultural land and/or open space. The "Conservation Subdivision" was previously defined as an exclusion under the moratorium, and the new subdivision regulations have expanded the definition of the conservation subdivision. This lax,,' will allow any conservation subdivision as defined in the new subdivision regulations to be excluded from the terms of the moratorium. Section 2. AMENDMENTS. A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing, Review or; and making Decisions on applications tbr Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold Section 4. EXCLUSIONS This Local Law shall not apply to: (12) New subdivision applications for a "Conservation Subdivision" pursuant to Chapter Al06 of the Southold Town Code (as amended August 24, 2004); Section 3. 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 effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. EFFECTIVE DATE This Local [,aw 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.) DOS-2391Re~. 1 [ 0% ( 1 ) (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. 20 of 20 04 . of the ~(Town) ~) of SOUTHOLD was duly passed by the TOWN BOARD on October 5 ..: 20 04 , in accordance with the applicable provisions of law. 2. (Passage by local leg/slative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law mmexed hereto, designated as local law No. of 20__ of the (Com~ty)(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 atter disapproval) by the on 20____. Such local law was subnfitted to the people by reason ora (mandatory)(pernfissive) referendum, and received the affirmative ,,rote of a majority of the qualified electors voting thereon at the (general)(special)(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 filed requesting referendum.) I hereby certify that the local law am~exed 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 tile applicable provisions of law. * Elective Chief Executive Officer means or hlcludes the chief executive officer ofa couuty 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. (2) 5. (CiW 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. (Count' 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 final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph I , above. Clerk of the C(~aty legislative body Cit~Iown or Village Clerk or officer designated by local legislati~ e bo-d> Elizabeth A. Neville, Town Clerk (Sea[j Date: October 7, 2004 (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 L the undersigned, hereby certify that the foregoing local ] ~v contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law mexed hereto. S gnamre Patricia A. Finnegatl~ Ef&l. ~ Attorney Title Town of SOUTHOLD Date: October 7, 2004 SOUTHOLD TOWN BOARD PUBLIC HEARING October 5, 2004 8:00 P.M. HEARING ON "A LOCAL LAW IN RELATION TO A CONSERVATION SUBDIVISION EXCLUSION IN THE MORATORIUM ON PROCESSING~ REVIEW OFt AND MAKING DECISIONS ON APPLICATIONS FOR MAJOR SUBDIVISIONS~ MINOR SUBDIVISIONS AND SPECIAL EXCEPTION USE PERMIT AND SITE PLANS CONTAINING DWELLING UNIT(S) IN THE TOWN OF SOUTHOLD.' Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21 st day of September, 2004, a Local Law entitled, "A Local Law In Relation to a Conservation Subdivision exclusion in the Moratorium on Processinll~ Review oft and making Decisions on applications for Major Subdivisions~ Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s} in the Town of Southold"; and NOTICE IS HEREBY FURTIIER 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, Southold, New York, on the 5th day of October at 8:00 p.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 a Conservation Subdivision exclusion in the Moratorium on Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" reads as follows: LOCAL LAW NO. 2004 A Local Law In Relation to a Conservation Subdivision exclusion in the Moratorium on Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Pt]blic Hearing - Conservationlnln~ubdMsion Code 2 October 5, 2004 Section 1. PURPOSE The Town Board has enacted new subdivision regulations that incorporate a "Conservation Subdivision", which creates the opportuni~' for the landowner to reduce the potential yield of a site while protecting and preserving agricultural land and/or open space. The "Conservation Subdivision" was previously defined as an exclusion under the moratoriunh and the new subdivision regulations have expanded the definition of the conservation subdivision. This law will allow any conservation subdivision as defined in the new subdivision regulations to he excluded from the terms of the moratorium. Section 2. AMENDMENTS. A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications tbr Major Subdivisions, Minor Subdivisions aud Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold Section 4. EXCLUSIONS This Local Law shall not apply to: (12) New subdivision applications for a "Conservation Subdivision" pursuant to Chapter Al06 of the Southold Town Code (as amended August 24, 2004); Section 3. 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 effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. COUNCILMAN W[CKHAM: I would like to just summarize this law very briefly by sa35ng, the moratorium on subdivisions etc., has within it an escape clause. For people who want to subdivide their property through a conservation subdivision, that is not subject to the moratorium. Those subdivisions can be heard and processed and moved along even during the time of this moratorium. The moratorium law has one definition of what constitutes a conservation subdivision. Recently the Town Board passed a new definition of the conservation subdivisions in connection with the new subdivision code, the subdivision ordinance, that has recently been passed. The purpose of this law is to bring these two together, so the new definition that is in our subdivision ordinance will apply to those people who would like to move their projects ahead during the time of the moratorium. 1 hope 1 didn't confuse the issue. SUPERVISOR HORTON: No, I think you explained that well, thank you. COUNCILMAN WICKHAM: I have before me a notice that this has appeared in the local newspaper, that is the Suffolk Times. It has also appeared on the Town Clerk's bulletin board outside. I have a letter from the County of Suffolk saying: "Pursuant to the requirements here, this is considered to be a matter of local determination and it should not be construed as either an approval or a disapproval." Memorandum received here on September 29th from the Town's Planning Board Office says "The purpose of this proposed law is to expand the exemptions permitted under this law to enable conservation applications as defined by the new subdivision law to proceed before the Planning Board. This amendment will permit applications that came in during the moratorium and that were in Pt~blic Heating - Conservationln~ubdivision Code 3 October 5, 2004 compliance with the moratorium to continue towards final approval, while also allowing new conservation subdivision applications that conform to the newly adopted regulations to be made and processed. The Planning Board supports this proposed amendment to the exemptions list." And that is all the communications I have from this public heating. SUPERVISOR HORTON: Thank you, Councilman Wickham. Would anybody from the public care to address the Board on this specific public heating? (No response) Comments from the Board? (No response.) We will close the heating. Southold Toxvn Board #7122 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 23rd day of September ,2004. Sworn to before me this 2004 CHRISIINA VOLINSKI NOTARY pUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Qualified In Suffolk County Commission Expires February 28, 2008 Principal Clerk day o NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York. on the 21st day of September. 2004~ a Local Law entitled. "A Local Law In Relation to a Conservation Subdivision exclusion in the Moratorium on Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans Local Law tn Relation to a Conservation Subdivision exclusion in the Moratorium on Processing, Review of. and making Decisions on applica- tions for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" reads as follows: LOCAL LAW NO. 2004 A Local Law In Relation to a Conservation Subdivision exclusion in the Moratorium on Processing, Revie~ of. and making Decisions on applica- tions for Major Subdivisions. Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unitts) in the Town of Southold BE IT ENACTED BY. Ihe Town Board of the To~n of Southold as roi- a "Conservation Subdivision", which creates the opportunity for the landown- er to reduce the potential yield of a site while protecting and preserving agricul- lural land and/or open space. The "Conservation Subdivision" was previ- ously defined as an exclusion under the moratorium, and the new subdivision regulations have expanded the del'tui- tion of the conservation subdivision. This law will allow any conservation subdi* ision as defined in the new subdi- Section 4. EXCLUSIONS This Local Law shall not apply to: 1121 New subdivision applications for a "Conservation Subdivision" pur- suant to Chapter A 106 of the Southold Town Code {as amended August 24, Section 3. SEVERABILITY [f any clause, sentence, paragraph, section, or part of this Local Lay. shall be ad'edged by an', court of competem juris~ction to be ihvalid, the jedgment shall not effect the validity of this law as a whole or any part thereof other, than the part so decided to be unconst~mnon- al or invalid. Section 4. EFFECTIVE DATE This Local La'~ shah take effect immediately upon filing with the Secretar5 of State as provided by law. Dated: September 21, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Tov~ n Clerk