HomeMy WebLinkAboutLL 2004 #27.~tAte Of NEW YOrK
DEPARTHENT OF STATE
4 I STATE STREEt
ALBANY, NY 1223 I -O001
March 3, 2005
RANDY A. DANIELS
Town of Southold
Office of the Town Clerk
Town Hall 53095 Main Road
PO Box 1179
Southold, NY 11971
RE: Town of Southold, Local Law 27, 2004, filed on 1/2412005
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
COUNTY OF SUFFOLK
STL~/E LEVY
SUFFOLK COUNTY EXECLmVE
DEPARTMENT Of PLANNING
THOMAS ISLES, AICP
February2,2005
Ms. Elizabeth Neville, Town Clerk
Toxvn of Southold
53095 Main Road - P.O. Box 1179
Southold, NY 11971
Gentlemen:
Re:
Local Law 27-2004
Section 83-5, 7, 14 & 15
FEB
Southold Town Clerk
Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above
referenced Code amendments are not within the jurisdiction of the Suffolk County Planning
Commission.
Very truly yours,
GGN:cc
Thomas Isles
Director of Plannina.~-x~ ...... ~
Principal Planner
LOCA~ON MAILING ADDRESS
h LEEOENNISON BLDG -4TH FLOOR · P.O. BOX6100 · 163;)S53-5190
I O0 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER 63 I ) SS3-4044
SOUTHOLD TOWN BOARD
PUBLIC HEARING
December 28, 2004
8:00 P.M.
HEARING ON "A LOCAL LAW TO AMEND THE STREET EXCAVATIONS CHAPTER OF
THE TOWN CODE OF 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 tbe Town of Southold, Suffolk County, New York on the 14th day of December, 2004 a
Local Law entitled "A Local Law to amend the Street Excavations chapter of the Town Code of
the Town of Southold', and
NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public
hearing on the aforesaid Local Law at the Southold Town Hall~ 53095 Main Road~ Southold New
York on the 28"' day of December~ 2004 at 8:00 p.m., at which time all interested persons will be
given an opportunity to be heard.
This proposed "Local Law to amend the Street Excavations chapter of the Town Code of the
Town of Southold,' reads as follows:
Local Law No.
Purpose- The purpose of this Local Law is to update and increase the insurance coverage required;
revise tbe fee schedule and allow fees to be set by Town Board resolution; and increase the penalties
for violations of the chapter relating to excavations of streets within the town.
I. Amendments.
§ 83-5. Insurance coverage.
No pemfit slmll be issned until the applicant shall have filed with the Superintendent evidence that the
town has been named as a primary insured under any insurance pohcy ........... ~ ..... ., -er .......
v,,,v~,,: ...... =~, ....... j .............................. v ........... ~ ..... re ....... , extending
coverage for any losses including bodily, property or commercial injury cansed by or attributable to the
work performed by the applicant, in tbe amount of one million dollars ($1,000,000.) per occurrence
and two million dollars ($2,000,000.) general aggregate. Policy to include coverage for explosion,
December 28, 2004
Public Hearing - Street Excavations
collapse and underground hazards (XCU coverage),and such insurance coverage to be written by an
insurance company authorized to do business in the State of New York._
§ 83-7. Fees.
A. Each application for a permit hereunder shall be accompanied by a fee Ac ...... *-' five
~.~'e~< ~ ,~.~,r-~,,.~,~,~., to be paid to the Town Clerk of the Town of Southold. Application fees and
fees for pemfits issued pursuant to this chapter shall be set by Town Board resolution, and ~
· ~ n x c~- ~ .... add: ......... ca
( .... , .or tI ....... one .........(loO) ~:-~ c .......... ~ ~u .... ,-.c
B. The :ferement~ened ~ee, shall be paid to the Town Clerk prior to the issuance of
the permit.
~ 83-14. Penalties for offenses.
A. ~y person who shall violate any of the provisions of this chapter or shall hil to
comply with any condition imposed by the pemfit or shall hil to comply with any lawful order
of the Superintendent or to discharge ~y duty imposed by this chapter shall, upon conviction,
be deemed to have committed an offense against this chapter and shall be punished by a fine
not exceeding ........ nd,~ ~o[lars ($599.). one thousand dollars-($1000.) Each day ~y such
violation shall continue shall constitute a separate and distinct offense.
....... o .........bj ..... name cf the* .....r ~,.
S ..... v ..... t) bc .. thc ....... or ..... d~/th ..... h
~B~ In addition to the above-provided penalties and punishment, the Town board may also
maintain ~ action or proceeding in the name of the town, in a coug of competent jurisdiction,
....... v ....... v ........................... ~ ,,,j .............................. chapter, for any and
all civil remedies available at law, including injunctive relief and monetary sanctions for any
violation of this chapter.
~ 83-15. Waiver of insurance ~d bond requirements.
Upon special application made to it by ~y applicant for a pe~Jt required under this chapter
and for good cause shown, the Town Board may, in its discretion, waive any of the provisions
set forth under ~ ~3 5 a~ 83-6 insofar as it may accept such other
indemnification documents as it deems appropriate under the circumstances.
December 28. 2004 3
Public Heating - Street Excavations
III. Severability. If any section or subsection, paragraph, clause, phrase or provision of this
law shall be adjudged invalid or held unconstitutional by any court of competent
jurisdiction, any judgment made thereby shall not affect the validity of this law as a
whole or any part thereof other than the part or provision so adjudged to be invalid or
unconstitutional.
IV. This Local Law shall take effect innnediately upon filing with the Secretary of State.
COUNCILMAN WICKHAM: Excavations means when some agency needs to open up a street in
order to bury cables or pipes or something like that and the key change is in para~aph 83.5, to extend
coverage for any losses, including bodily, property, etc, in the amount of $1,000,000 per occurrence
and 52,000,000 in the general aggregate. There are a number of other changes but as is said in the
purpose, a primary purpose of this is to enable new fees to be set whenever an agency wishes to break
into a road and those fees would be set by a Town Board resolution, rather than being established in
the legislation itself. I have a letter here that certifies that this has appeared as a legal in the Suffolk
Times newspaper and it has also appeared out on the Town Clerk's bulletin board outside. There are
no further communications on this local law.
SUPERVISOR HORTON: Okay, thank you Councilman Wickham. Would anyone care to address the
Board on this public hearing? (No response) Alright. That pretty much does it for this public heating.
Would the Board like to add anything to this? ( No response) Then we xvill close the hearing.
Elizabeth A. N~~
Southold Towll Clerk
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET~ ALBANY~ NY 12231
(Use this form to file a local la~v 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 Laxv No. 27 2004
A Local Law entitled, '"'A Local Law to amend the Street Excavations chapter of the Town Code of the
Town of Southold".
BE IT ENACTED by the town Board of the Town of Southold as follows:
II.
Purpose- The purpose of this Local Law is to update and increase the insurance coverage required; revise
the fee schedule and allow fees to be set by Town Board resolution; and increase the penalties for
violations of the chapter relating to excavations of streets within the town.
Amendments.
§ 83-5. Insurance coverage.
No permit shall be issued tmtil the applicant shall have filed with the Superintendent evidence that the town has
been named as a primary insured under an insurance policy extending coverage for any losses including bodily,
property or commemial injury caused by or attributable to the xvork performed by the applicant, in the amount
of one million dollars ($1,000,000.) per occurrence and two million dollars ($2,000,000.) general aggregate.
Policy to include coverage for explosion, collapse and underground hazards (XCU coverage),and such
insurance coverage to be written by an insurance company authorized to do business in the State of Nexv York.
§ 83-7. Fees.
A. Each application for a permit hereunder shall be accompanied by a fee, to be paid to the Town Clerk of
the Town of Southold. Application fees and fees for permits issued pursuant to this chapter shall be set by Town
Board resolution, and shall be paid to the Town Clerk prior to the issuance of the permit.
§ 83-14. Penalties for offenses.
A. Any person xvho shall violate any of the provisions of this chapter or shall fail to comply xvith any
condition imposed by the permit or shall fail to comply xvith any lawful order of the Superintendent or to
discharge any duty imposed by this chapter shall, upon conviction, be deemed to have committed an offense
against this chapter and shall be punished by a fine not exceeding one thousand dollars-($1000.) Each day any
such violation shall continue shall constitute a separate and distinct offense.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239t Re,,. 11/99) ( l )
B. In addition to the above-pl~lfided penalties and punishment, the To~ffboard may also maintain an
action or proceeding in the name of the town, in a court of competent jurisdiction, for any and all civil remedies
available at laxv, including injunctive relief and monetary sanctions for any violation of this chapter.
§ 83- l 5. Waiver of insurance and bond requirements.
Upon special application made to it by any applicant for a permit required under this chapter and for good cause
shown, the Town Board may, in its discretion, waive any of the provisions set forth under §83-6 insofar as it
may accept such other indemnification documents as it deems appropriate under the circumstances.
III.
Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be
adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made
thereby shall not affect the validity of this law as a whole or any part thereof other than the part or
provision so adjudged to be invalid or unconstitutional.
IV. This Local Law shall take effect immediately upon filing with the Secretary of State.
(Complete the certifi011bn in the paragraph that applies to the ~lllig of this local la~v 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 laxv No. 27 of 20 04 . of the
(Cz'zr..%')(C:..%')(To~vn) (V~11agz) of SOUTHOLD was duly passed by the
TOWN BOARD on December 28 , 20 04 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 __., and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20
in accordance xvith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local laxv 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 duty 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.
(2)
5. (City local law concerning Char~l~evision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 __
of the City of ha'¢ing been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule La,v, 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 affn'mative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
Clerk ot the ~unty leg~slauve b' ~' "~ "ody. Ct(tY To~.[3~ Village Clerk
or officer designated by local legisla~ ye body
Elizabeth A. Neville, Town Clerk
(Seal) Date: __January 20, 2005
(Certification to be executed by Coun~ Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locally.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law coSl~}ms the correct text and that all proper proceedings
have been had or taken for the enactment of the local law anne~djhereto ~
Patricia A. Finne~an, l~so, L 1/own]Attorney
Title ~ ~
Town of
SOUTHOLD
Date: January 20, 2005
(3)
ELIZABETH A. NEVILLE
TOWN CLERK
REOISTR.~R OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS M~NAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
$outhold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
sout holdtown.nor t hfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 931 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 28, 2004:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York on thel4th day of December, a Local Law entitled "A Local Law to amend
the Street Excavations chapter of the Town Code of the Town of Southold," and
WHEREAS the Town Board of the Town of Southold held a public heating 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 following Local
Law:
Local Law No. 27 2004
k
Purpose- The purpose of this Local Laxv is to update and increase the insurance coverage
required; revise the fee schedule and allow fees to be set by Town Board resolution; and
increase the penalties for violations of the chapter relating to excavations of streets within
the town.
II. Amendments.
§ 83-5. Insurance coverage.
No permit shall be issued until the applicant shall have filed with the Superintendent evidence
that the town has been named as a primary insured ' - ~ ..... Al---- 1.~,4;1,,
under any insurance policy ..........~, .....
th ............... ~ ........................ to
v ........... j ..... vv ....... , extendina coverage for any losses includin~ bodily, prope~y or
co~nercial injury caused by or attributable to the work perfo~ed by the applicant, in the
amount of one million dollars ($1,000,000.) per occurrence and two million dollars ($2,000,000.)
general aggregate. Policy to include coverage for explosion, collapse and underground hazards
(XCU coverage),and such insurance coverage to be written by an insurance company authorized
to do business in the State of New York.
§ 83-7. Fees.
A. Each application for a permit hereunder shall be accompanied by a feev.^c
dtg~g~e~,h~'or, to be paid to the Town Clerk of the Town of Southold. Application fees
and Pem,,/4 fees for permits issued pursuant to this chapter shall be set by Town Board resolution,
........... t ......... ar fc .... ~
B. Thc afzremcnt!zned fcc: shall be paid to the Town Clerk prior to the issuance of the
permit.
§ 83-14. Penalties for offenses.
A. Any person who shall violate any of the provisions of this chapter or shall fail to comply
xvith any condition imposed by the permit or shall fail to comply with any lawful order of the
Superintendent or to discharge any duty imposed by this chapter shall, upon conviction, be
deemed to have committed an offense against this chapter and shall be punished by a fine not
exceeding 5ye kundrcd ....... ~ ..... ). one thousand dollars-($1000.) Each day any such
violation shall continue shall constitute a separate and distinct offense.
C-:.B._~. In addition to the above-provided penalties and punishment, the Town board may also
maintain an action or proceeding in the name of the toxvn, in a court of competent jurisdiction,
civil remedies available at law, including iniunctive relief and monetary sanctions for any
violation of this chapter.
§ 83-15. Waiver of insurance and bond requirements.
Upon special application made to it by any applicant for a permit required under this chapter and
for good cause shown, the Town Board may, in its discretion, xvaive any of the provisions set
forth under §8 82 5 an~ 83-6 insofar as it may accept such other insurance an&'cr
indemnification documents as it deems appropriate under the circumstances.
III.
Severability. If any section or subsection, paragraph, clause, phrase or provision of this
law shall be adjudged invalid or held unconstitutional by any court of competent
jurisdiction, any judgment made thereby shall not affect the validity of this laxv as a whole
or any part thereof other than the part or provision so adjudged to be invalid or
unconstitutional.
IV. This Local Laxv shall take effect immediately upon filing xvith the Secretary of State.
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS ~L-kNAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nor thfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 927 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 28, 2004:
RESOLVED that the Town Board of the Town of Southold hereby finds that the local law
entitled~ "A Local Law to amend the Street Excavations Chapter of the Town Code of the
Town of Southold" is classified as a Type II Action pursuant to SEQRA Rules and
Regulations, 6 NWCRR Section 6 l 7.5, and is not subject to review under SEQRA.
Elizabeth A. Neville
Southold Town Clerk
#7266
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
December ,2004.
Principal Clerk
Sworn to before me this
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
NO. 01-VO6105050
Qualified In $uffotk County
commlllion Explre~ ~eDru=ry ~B,
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GI%'EN that
there ha'; been presented to the Tokyo
Board of the Town of Southol& Suffolk
County, N¢~ York on the Id~ da_', of
December. 2004 a Local Law entitled
"A Local Law to amend Ihe Streel
Excavations chapter of the Town
Code of the Town of Southold", and
NOTICE IS FURTHER GIYEN
that the Town Board of the To~n of
Southold will hold a nubile hearine on
the aforesaid Local Law at the
Sonthold Town Hall. 53095 Main
day of December. 2004 at 8:00 n.m.. at
~hich time all interested persons will be
given an opportunity to be heard.
This proposed "Local Law to
amend the Street Excavations chapter
of the To~ Code of the Town of
Southold," rems as follows:
Local Law No.
L Purpose- The purpose of this Local
Law is to update and increase the insur
ance coverage required; revise the fee
schedule and allow fees to be set by
To~n Boaxd resolution; and increase the
penalties for vinlations of the chapter
relating to excavations of streets withLn
the town.
Il. Amerldments.
§ 83-5. Insurance coverage.
No permit shall be issued until the
applicant shall have filed with the
has been named as a primary insured
~c~o,u~f c,o. mpetent.jurisdiction. ~
~uncti~ef
~ameS~neti°ns f r ~fion~
....... ~.~