HomeMy WebLinkAboutLL 2005 #12STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY, NY J ::>23 J -OOO I
GEORGE E. PATAKI
(~OVERNOR
September 2, 2005
RANDY A. DANIELS
RECEIVED
Town of Southold
Office of the Town Clerk
Town Hall 53095 Main Road
PO Box 1179
Southold, NY 11971
8EP - 8 2005
Southold Town Clerk
RE: Town of Southold, Local Law 12, 2005, filed on 811812005
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
NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of
SOUTHOLD
LOCAL LAW NO. 12 -2005
A Local Law entitled, "A Local Law in Relation to the Architectural Review Committee".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose- The purpose of this Local Law is to require that all residential site plan applications be referred to
the Architectural Review Committee for their recommendations. Further, this Local Law will eliminate the
requirement that members of the committee be appointed ficom each hamlet, and require that members be
appointed from the Town of Southold at large. This Local Law creates the position of Fishers Island liaison to
the committee, to assist with Fishers Island matters. These changes in the composition of the committee are
intended to enable the committee to function more effectively.
II. Code Amendment
§ 100-258. Architectural Review Committee.
A. The Architectural Review Committee shall consist of nine members appointed by the Town Board to
serve at the pleasure of the Board without compensation. Two members of the committee shall be architects or
landscape architects, one member shall be from the Historic Preservation Commission, and the remaining
members shall be appointed from the Town at large. In addition, there shall be a Fishers Island resident
appointed as a liaison to the committee to assist with Fishers Island applications
B. The term of office of the Architect and Historic Preservation Commission members of the Committee
shall be three years, provided that those members first appointed shall be appointed for one-, two- and three-
year terms, respectively. The ham~ at large members shall be appointed for two-year terms, with the first
appointments to be appointed for a one- and two-year term, respectively.
§ 100-257. Architectural review standards.
Site plans, including Residential Site Plans, shall be reviewed for conformance with the following criteria:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev.11/99)
§ 100-259.1. Standards for residential site plans.
B. SEQRA Review. The Planning Board shall comply with the provisions of the New York State
Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law, 6 NYCRR
Part 617.
C. Within ten (10) days after completion of the SEQRA review, the Planning Board shall forward the
application to the Architectural Review Committee for review. The Architectural Review Committee shall make
a written recommendation to the Planning Board on the site plan within ten (10) business days of receipt of the
referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to
the Planning Board for consideration without Committee view.
D. Preliminary hearing requirement. Prior to and in addition to the public heating required by § 100-254H, the
Planning Board shall hold a separate preliminary heating on the application with notice provided pursuant to
Chapter 58.
E. Affordable housing requirement. Every new residential site plan involving the creation of five or more
dwelling units shall comply with the requirements of § Al06-11B(2)(c) of the Code of the Town of Southold,
Subdivision of Land, pertaining to the provision of affordable housing. The requirements applicable to lots
within subdivision in that subsection shall apply equally to dwelling units in affected residential site plans.
F. Park and recreation requirement. The provisions of § A106-60 of the Code of the Town of Southold,
Subdivision of Land, pertaining to the reservation of parkland in subdivisions, shall apply equally to residential
site plans approved under this chapter, except the fee per lot therein shall herein be applicable to each dwelling
unit.
G. Performance bond requirement. The provisions of Article IX, Bonds and Other Security, and Article X,
Required Public Improvements; Inspections; Fees, of Chapter A106, Subdivision of Land, of the Code of the
Town of Southold, shall apply equally to residential site plans approved under this chapter. Pursuant to
Municipal Home Rule Law § 10, § 100-259.1B, C and D herein supersede and amend New York State Town
Law § 274-a regarding site plan review to the extent that the Planning Board is empowered to impose affordable
housing, park and recreation and performance bond requirements in the residential site plan review process.
H. Phased development. The Planning Board shall permit the phased development of residential properties that
meet all other applicable standards, but shall condition the approval of the development of any permitted phase
upon the maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all clearing
and site preparation on such undeveloped phases until such time as development is permitted.
I. Planning Board authority to vary requirements for setbacks, building length and separation and courts.
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 certific~n in the paragraph that applies to the ~hg 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. 12 of 20 05 . of the
(Cz'.x:tf)(Ci.~')(Town) (Vi'.'~g:) of SOUTHOLD was duly passed by the
TOWN BOARD on Augsut 2 ,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 certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 ., and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason ofa (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.
· 5. (City local law concerning Char evision 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 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.
Elizabeth A. Neville, Town Clerk
(Seal) Date: __.August 10, 2005
(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
the undersigned, hereby certify that the foregoing local lt~ contains the corr~,~ext and that all proper proceedings
I,
have been had or taken for the enactment of the local law ~.~/~
SIPS; A. Finn;~[n,X~sq., ~o~n Attorney
Title ~ k.~
Town of
SOUTHOLD
Date:
August 10, 2005
ELIZABETH NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF iNFORMATION OFFICER
~Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Fax (631) 765-6145
Telephone: (631) 765-1800
southoldtown.northfork.net
RESOLUTION # 2005-489
Resolution ID: 1055
Meeting: 08/02/05 07:30 PM
Department: Town Attorney
Category: Enact Local Law
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-489 OF 2005 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON 08/02/05:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the
12th day of July, 2005, a Local Law entitled "A Local Law in Relation to the Architectural Review Committee", 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 following Local Law:
LOCAL LAWNO. \ ~ -2005
A Local Law entitled, "A Local Law in Relation to the Architectural Review Committee".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose- The purpose of this Local Law is to require that all residential site plan applications be referred to the
Architectural Review Committee for their recommendations. Further, this Local Law will eliminate the requirement that
members of the committee be appointed from each hamlet, and require that members be appointed from the Town of
Southold at large. This Local Law creates the position of Fishers Island liaison to the committee, to assist with Fishers
Island matters. These changes in the composition of the committee are intended to enable the committee to function more
effectively.
II. Code Amendment
§ 100-258. Architectural Review Committee.
A. The Architectural Review Committee shall consist of five nine members appointed by the Town Board to serve at
the pleasure of the Board without compensation. ,c .... :~.,~ +~ .... ~. .... c.~.~ ,~__: .... ~'~" ~'~ app~:~ntc~ e.~_ ~
.......... ~ .... ~ ...... ~wo members of the commi~ee shall be architects or landscape ~chitec~, one member shall be
from ~e ~an~m~.: Historic Prese~ation Commission, and the remaining members shall be appointed ~om ~e Town at
l~ge. In addition~ there shall be a Fishers Island resident appointed as a liaison to the commi~ee to assist with Fishers
Isled applications, and ~ ~-~ .... ~ll ~ ..... :~.~ c~ ~ ~1~ ~C* m ..... ~ ~ ~* ~ .... ~11 .....
~O m ................. re .......... m t ............... xhe .............~1 ..................... ~
B. The term of office of the Architect and L=na-.mark Historic Preservation Commission members of the Committee
shall be three years, provided that those members first appointed shall be appointed for one-, two- and three-year terms,
respectively. The ~amlzt at large members shall be appointed for two-year terms, with the first appointments to be
appointed for a one- and two-year term, respectively.
§ 100-257. Architectural review standards.
Site plans, including Residential Site Plans, shall be reviewed for conformance with the following criteria:
§ 100-259.1. Standards for residential site plans.
B. SEQRA Review. The Planning Board shall comply with the provisions of the New York State Environmental Quality
Review Act (SEQRA), Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617.
C. Within ten (10) days after completion of the SEQRA review, the Planning Board shall forward the
application to the Architectural Review Committee for review. The Architectural Review Committee shall make
a written recommendation to the Planning Board on the site plan within ten (10) business days of receipt of the
referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to
the Planning Board for consideration without Committee view.
t~D. Preliminary hearing requirement. Prior to and in addition to the public hearing required by § 100o254H, the
Planning Board shall hold a separate preliminary hearing on the application with notice provided pursuant to Chapter 58.
G.E. Affordable housing requirement. Every new residential site plan involving the creation of five or more dwelling
units shall comply with the requirements of § A106-11B(2)(c) of the Code of the Town of Southold, Subdivision of Land,
pertaining to the provision of affordable housing. The requirements applicable to lots within subdivision in that subsection
shall apply equally to dwelling units in affected residential site plans.
t~.F. Park and recreation requirement. The provisions of § A106-60 of the Code of the Town of Southold, Subdivision
of Land, pertaining to the reservation of parkland in subdivisions, shall apply equally to residential site plans approved
under this chapter, except the fee per lot therein shall herein be applicable to each dwelling unit.
~G. Performance bond requirement. The provisions of Article IX, Bonds and Other Security, and Article X, Required
Public Improvements; Inspections; Fees, of Chapter A106, Subdivision of Land, of the Code of the Town of Southold,
shall apply equally to residential site plans approved under this chapter. Pursuant to Municipal Home Rule Law § 10, §
100-259.1B, C and D herein supersede and amend New York State Town Law § 274-a regarding site plan review to the
extent that the Planning Board is empowered to impose affordable housing, park and recreation and performance bond
requirements in the residential site plan review process.
t:. H_~. Phased development. The Planning Board shall permit the phased development of residential properties that meet
all other applicable standards, but shall condition the approval of the development of any permitted phase upon the
maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all clearing and site preparation
on such undeveloped phases until such time as development is permitted.
G.I~ Planning Board authority to vary requirements for setbacks, building length and
separation and courts.
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
Page 2
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.
Elizabeth A. Neville
Southold Town Clerk
Page 3
ELIZABETH NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Fax (631) 765-6145
Telephone: (631) 765-1800
southoldtown.northfork.net
RESOLUTION # 2005-467
Resolution ID: 1033
Meeting: 08/02/05 07:30 PM
Department: Town Attorney
Category: Seqra
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-467 OF 2005 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON 08/02/05:
RESOLVED that the Town Board oft he Town of Southold hereby finds that the adoption of the local law entitled "A
Local Law in Relation to the Architectural Review Committee" is classified as a Type H Action pursuant to
SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA.
Elizabeth A. Neville
Southold Town Clerk
Updated: 8/2/2005 2:44 PM Page 1
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 12th day of July, 2005, a Local
Law entitled "A Local Law in Relation to the Architectural Review Committee",
now, therefore, be it
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall~ 53095 Main Road~ Southold New York on the 2nd day of August~ 2005 at 8:00
p.m, at which time all interested persons will be given an opportunity to be heard.
This proposed "Local Law in Relation to the Architectural Review Committee",
reads as follows:
Local Law No.
I. Purpose- The purpose of this Local Law is to require that all residential site plan
applications be referred to the Architectural Review Committee for their
recommendations. Further, this Local Law will eliminate the requirement that members
of the committee be appointed from each hamlet, and require that members be appointed
from the Town of Southold at large. This Local Law creates the position of Fishers Island
liaison to the committee, to assist with Fishers Island matters. These changes in the
composition of the committee are intended to enable the committee to function more
effectively.
II. Code Amendment
§ 100-258. Architectural Review Committee.
A. The Architectural Review Committee shall consist of five nine members
appointed by the Town Board to serve at the pleasure of the Board without compensation.
~: ~wo members of~e co~i~ee shall be ~chitects or l~dscape ~chitects,
one member shall be ~om the ~mn~m~.: Historic Prese~ation Commission, ~d the
remaining members shall be appointed ~om the Town at l~ge. h addition, there shall be
a Fishers Isled resident appointed as a liaison to the co~ittee to assist wi~ Fishers
appli ..a 1~ ~ .... ~.11 ~ ..... :-,~A ~ +~ ~.~1~. ~+h~Town
Isled cations ..........................
B. The term of office of the Architect and Landmar!z Historic Preservation
Commission members of the Committee shall be three years, provided that those
members first appointed shall be appointed for one-, two- and three-year terms,
respectively. The hamlet at large members shall be appointed for two-year terms, with the
first appointments to be appointed for a one- and two-year term, respectively.
§ 100-257. Architectural review standards.
Site plans, including Residential Site Plans, shall be reviewed for conformance with the
following criteria:
§ 100-259.1. Standards for residential site plans.
B. SEQRA Review. The Planning Board shall comply with the provisions of the New
York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental
Conservation Law, 6 NYCRR Part 617.
C. Within ten (10) days after completion of the SEQRA review, the Planning Board shall
forward the application to the Architectural Review Committee for review. The
Architectural Review Committee shall make a written recommendation to the Planning
Board on the site plan within ten (10) business days of receipt of the referral. If the
Committee fails to make a recommendation within this time period, the project shall
proceed to the Planning Board for consideration without Committee view.
]~.D. Preliminary heating requirement. Prior to and in addition to the public heating
required by § 100-254H, the Planning Board shall hold a separate preliminary hearing on
the application with notice provided pursuant to Chapter 58.
G.E~ Affordable housing requirement. Every new residential site plan involving the
creation of five or more dwelling units shall comply with the requirements of § A106-
11B(2)(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to the
provision of affordable housing. The requirements applicable to lots within subdivision in
that subsection shall apply equally to dwelling units in affected residential site plans.
~.F. Park and recreation requirement. The provisions of § A106-60 of the Code of the
Town of Southold, Subdivision of Land, pertaining to the reservation of parkland in
subdivisions, shall apply equally to residential site plans approved under this chapter,
except the fee per lot therein shall herein be applicable to each dwelling unit.
~..G~. Performance bond requirement. The provisions of Article IX, Bonds and Other
Security, and Article X, Required Public Improvements; Inspections; Fees, of Chapter
A106, Subdivision of Land, of the Code of the Town of S outhold, shall apply equally to
residential site plans approved under this chapter. Pursuant to Municipal Home Rule Law
§ 10, § 100-259.1B, C and D herein supersede and amend New York State Town Law §
274-a regarding site plan review to the extent that the Planning Board is empowered to
impose affordable housing, park and recreation and performance bond requirements in
the residential site plan review process.
t~. H__:. Phased development. The Plarming Board shall permit the phased development of
residential properties that meet all other applicable standards, but shall condition the
approval of the development of any permitted phase upon the maintenance of the
undeveloped phases in their undeveloped condition, and shall prohibit all clearing and
site preparation on such undeveloped phases until such time as development is permitted.
G.I~ Planning Board authority to vary requirements for setbacks, building length and
separation and courts.
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.
Dated: July 12, 2005
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON JULY 21~ 2005~ AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Traveler Watchman
Town Attorney
Planning Board
Town Board Members
Town Clerk's Bulletin Board
Building Department
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
that on the [ S day of ~ ,2005, she affixed
duly
swoFn,
says
a
notice of which the am~exed printed notice is a tYae copy, 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.
Local Law in Relation to the Architectural Review Committee, 8/2/05 8:00 pm
<~lizab~t~h~. Nev'-~e- - -
Southold Town Clerk
LYNDA M. BOHN
NOTARY PUBLIC, State of New York
No. 01S06020932
Qualified in Suffolk County
Term Expires March 8,