HomeMy WebLinkAboutLL 2005 #08ELIZABETH A. NEVILLE
TO.tN CLERK
Town Hall. 5309,5 Mmn
P O. Box 1179
,qouthold, New York 11971
Fax ,63D 765 6[45
Telephone ~ 6B 1 ~ 765
soul holdt o~ n.n~,rt hfbrk.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 369 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JUNE 7, 2005:
WHEREAS, there has been presented to the Town Board of the Toxvn of Southold on the 10th
day of May, 2005, a Local Law entitled, "A Local iLaw in relation to Violations of an
Approved Site Plan"~ 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 the opportunity to be heard, now
therelbre be it
RESOLVED that the Town Board of the Town of Southald hereby enacts the following Local
Law:
LOCAL LAW NO. 8 OF 2005
A Local Lax,,, entitled "A Local Law in relation to Violations of an Approved Site Plan"
BE IT ENACTED by the Town Board of the Town of Southokt. as follows:
I. Purpose The intent of this change is to better enforce the Site Plan law, thereby creating a
violalion of an approved site plan.
1I. Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§ /00-253. Approval of site plan required.
F. Failure to obtain site plan approval shall be a violation of this article
and shall be subject to such penalties as are set forth in § 100-285 of this chapter.
G. Failure to comply with a term or condition of an approved site plan
shall be a violation of this article and shall be subiect to such penalties as are set
forth in § 100-285 of this chapter.
It G. Upon recommendation of the Planning Board and approval of the
Town Attorney, the Building Inspector may revoke an existing certificate of
occupancy upon a showing that the subject premises is being occupied or used in
violation of an approved site plan and may direct that such occupancy or use be
discontinued. The Town Attorney is authorized to commence proceedings in a court
of appropriate jurisdiction to restrain said use or occupancy.
III. Severability.
If any clause, senteoce, paragraph, section, or part of this Local l~aw shall be adjudged by any
court ofcompeteot 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.
IV. Effective date
This Local Law shall take effect immediately upon filing with the Secretary. of State as provided
by law.
Elizabeth A. Neviille
Southold Town Clerk
ELIZABETH A. NEVILLE
TOWN CLERK
Town Hall, 5;t095 Main Road
P.O. Bt,x 1179
Southold. New York 11971
Fax , 6;J 1 ~ 765-6145
Telephone ~ 631 ~ 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTII~r THAT THE FOLLOWING RESOLUTION NO. 364 OF 2005
WAS ADOPTED AT THE REGULAR MEETING O]? THE SOUTHOLD TOWN BOARD
ON JUNE 7, 2005:
RESOLVED that the Town Board of the Town of Southold hereby determines that the
proposed Local Law entitled "A Local Law in Relation to Violations of an Approved Site
Plan" is classified as a Type II action pursuant to SEQ[LA rules and regulations, and is not
subject to fi~rther review under SEQRA.
Elizabeth A. Neville
Southold Town Clerk
STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREFFF
ALBANY NY I P-~3 I ~OO i
GEORCE E PATAKI
June 30,2005
RANDY A DANIELS
Elizabeth A Neville
Town Clerk
Town Hall1 53095 Main Road
PO Box 1179
Southold NY 11971
RE: Town of Southold, Local Law 8, 9, 10 & 11, 2005, filed on June 22,
2005
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,
Lin¢la Lasch
Principal Clerk
Stale Records & Law Bureau
(518) 474-2755
LL:cb
NE%~. YORK STATE DEPARTMENT OF STATE
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 bcing eliminated and do not use
italics or underhning to indicate new matter.
Town of
SOUTHOLD
LOCAL I.AW NO. 8 OF 2005
A Local Law entitled "A Local Law in relation to Violations of an Approved Site Plan"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose The intent of this change is to better enforce the Site Plan law, thereby creating a violation of an
approved site plan.
II. Chapter 100 of the Code of the Town of Southold is hereby amended as lbllows:
§ I00-253. Approval of site plan required.
F. Failure to obtain site plan approval shall be a violation or'this article and shall be subject to such
penalties as are set forth in § 100-285 of this chapter.
G. Failure to comply with a term or condition ,)fan approved site plan shall be a violation of this article and
shall be subject to such penalties as are set forth in § 100-285 of this chapter.
H. Upon recommendation of the Plamfing Board and approval of the Town Attorney, the Building
Inspector lnay revoke an existing certificate of occupancy upon a showing that the subject premises is being
occupied or used in violation of an approved site plan and may direct that such occupancy or use be
discontinued. The Town Attorney is authorized to commence proceedings in a cottrt of appropriate jurisdiction
to restrain said use or occupancy.
III. Severability.
lfany clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any' court of
competent jurisdiction to be invalid, the judgmel~t 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.
IV. Effectixe date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by' law.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(Complete the 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.)
hereby certify that the local law annexed hereto, designated as local law No. 8 of 20 05 . of the
iCc::::.T)',C!.'.:'~(Town) 0.'r!!!:G:) of SOUTHOLD was duly passed by thc
TOWN BOARD on June 7 ,20 05 , 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 certit'y that the local law annexed hereto, designated as local law No. of 20____
ot' the (CounpD(City)(Town)(Village) of was duly passed by the
on 20 , and was (approvcd)(not approved)(repassed after
disapproval) hy 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
Io the people hy reason ora (mandatory)(permissive) referendum, and received the affirmative vote ora majori .ty of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in
accordaoce with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
[ hereby certily that the local la~ annexed hereto, designatcd as local lax,,, No. of 20 of the
(County)(City){Town)(Village)_ of was duly passed by the
oo 20 _, and was (approved)(not approved) (repassed after
disapproval) hy the on 20__ Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20__. in
accordaoce with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes thc chief executi~'e officer of a counD' elected on a count).'- wide
basis or. [f there be none, the chairperson of the count), 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 laxx s or ordinances.
(2)
5. (City loca~ laxv concerning Charter revision proposed by petitinn.)
I hereby certify that the local law annexed hereto, desi~mated as local lax,,' No. of 20 __
of the CJt3' of having been submitted to refkrendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, an,] 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 Count)' of __State of New York, having been submitted to the electors
at thc Genera]' Election or'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 majori .ty of the qualified electors of the cities of
said count3, 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 an)' other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certil? 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.
t r olUcer designated by local Icglslati~ e bod2,
Elizabeth A. Neville, Town Clerk
[Send Date: June 15, 2005
(Certification to be executed by County Attorney, Cnrporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NE W YORK
COUNTY OF SUFFOLK
1, the undersigned, hereb3 certify that the/bregoing local la~)c.~ontains the correct text and that all proper proceedings
have been had or taken tbr the enacmrent of the local law ~n~.~t~o. // C~~
/Si~nat~re ~ [ ~ [ ) --
eatrlcla A. Flnnega~'~sqk Towj~Attorney
l'itle
Town of
SOUTHOLD
Date:
(3)
June 15, 2005
LEGAL NOTICE
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN
that there has been presented to
the Town Board of the Town of
Southold, Suffolk County, New
York. on thc 10th day of May
2005 a Local Law entitled "_AA
Local Law in relation to
Violations of an Annroved Site
~lan" and
NOTICE IS HEREBY FUR-
THER GIVEN that thc Town
Board of the Town of Southold
will hold a public hearing on thc
aforesaid Local Law at the
Southold Town Hall 53095
Main Road, Southold, New
York, on the~
~ at which time
all interested persons will be
iven an opportunity to be
~eard.
The proposed loca. l law e.ntt-
tied, "~A I w ' r a '
tO Violations of an Annroved
~ite Plan" reads as follows:
LOCAL LAW NO, 2005
A Local Law entitled "A Local
Law in relation to Violations of
an nnroved Site Plan"
B'~r IT ENACTED by the
Town Board of the Town of
Southold, as follows:
I. Purpose The intent of this
change ts to bener enforce the
Site Plan law. thereby creating a
violation of an approved stte
plan.
I1. Chapter 100 of the Code of
the Town of Southold is hereby
amended as follows:
§ 100-253. Approval of site
plan required.
F. Failure to obtain site plan
approval shall be a violation of
tills article and shall be subject
to such penalties as are set forth
n § 100-285 of this chapter.
~ Failure to comrdv with a
term or condition of an_ annroved
~e nlan shall be a violhiioq of
ins article and shall be suNcct
io such nenalties as are set forth
in $ 109-285 of this chanter.
H ~Upon recommendation
of Re Phnning Board and
approval of the Town Attorney,
the Building Inspector may
revoke an extsting certificate of
occupancy upon a showine that
thc subject premises is 'being
occupied or uscd in violation of
an approved site plan and may
direct that such occupancy or
use be discontinued- The Town
Auomey is authorized to com-
mence proceedings in a court of
appropriate jurisdiction to
restram said use or occupancy.
IlL SeverabiliW.
If any clause, sentence, .para-
araph, section, or part otthis
l~ocal Law shall be adjudged by
any court of competent jurisdic-
tio'n to be invalid, the judgmem
shall not effect the validtty of
this law as a whole or any part
thereof other than the part so
decided to be unconstitunonal or
invalid.
I'C Effective date
This Local Law shall take
effect immediately upon filing
with thc Secretary o~' State as
provided by law.
Strike-through represents dele-
tion.
Underline represents insertion.
Dated: May 10, 2005
BY ORDER OF THE
ToWN BOARD OF THE
TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
IX 5/19/05 (791)
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Nancy M. Mclaughlim being duly
sworn, says that she is the Legal
Advertising Coordinator, of the Traveler
Watchman, a public nexvspaper printed
at Southold, in Suffolk County; and that
the notice of which the annexed is a
printed copy, has been published in said
D'aveler Watchman once each week
for ..... ./......week(s) . successively,
comme,n, cing ~n the ................. day of
....... ./..':/.::.'.. ........... ,..., 2005.
..... ......
Sworn ~9 bRfore me this. .."'. . ;'.. .day of
.......... ':..P..~..; ...... ,2005.
Notary Public
Emily Hamill
NOTARY PUBLIC. Slate of New York
No. 01 HA5059984
Qualified in Suffolk County
Commission expires blay 06, 2006
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the
Toxvn of Southold, Suffolk County, New York, on the 10th day of May 2005 a Local
Law entitled "A Local Law in relation to Violations of an Approved Site Plan" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 7TM day of June 2005 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 Violations of an
Approved Site Plan" reads as follows:
LOCAL LAW NO. 2005
A Local La~v entitled "A Local Law in relation to Violations of an Approved Site Plan"
BE IT ENACTED by the Town Board of the Town of Southold, as folloxvs:
I. Purpose The intent of this change is to better enforce the Site Plan law, thereby
creating a violation of an approved site plan.
II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§ 100-253. Approval of site plan required.
F. Failure to obtain site plan approval shall be a violation of this article and
shall be subject to such penalties as are set forth in § 100-285 of this chapter.
G. Failure to comply with a term or condition of an approved site plan shall
be a violation of this article and shall be subject to such penalties as are set forth in § 100-
285 of this chapter.
H G. Upon recommendation of the Planning Board and approval of the Town
Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a
showing that the subject premises is being occupied or used in violation of an approved
site plan and may direct that such occupancy or use be discontinued. The Town Attorney
is authorized to commence proceedings in a court of appropriate jurisdiction to restrain
said use or occupancy.
III. Severabilit3.,.
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.
IV. Effective date
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by laxv.
Strike-through represents deletion.
Underline represents insertion.
Dated: May 10, 2005
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH IN MAY 19~ 2005~ AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO
BOX 1179, SOUTHOLD, NY 1197 l.
Copies to the following:
Town Board Members
Toxvn Attorney
Building Dept
Zoning Board of Appeals
Traveler Watchman
Town Clerk's Bulletin Board
Planning Board
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, Nexv York being
duly sworn, says that on the ~ day of ~ ~1 ,2005, she affixed a
notice of which the annexed printed notice is a tree copy, in a proper and substantial
manner, in a most public place in the To~vn of Southold, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Public Hearing June 7, 2005 8:00 pm
~izabeth'A. N~vill'i~ ......
Southold Town Clerk
Sxvom before me this
15 dayof .~. g~.'? ,2005.
~otary Public