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Home My WebLink AboutLL 2006 #12STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 GEORGE E. PATAKI GOVERNOR CHRISTOPHER L. JACOBS SECRETARY Of: STATE September 1,2006 R~-C~IV~D Elizabeth A Neville Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 So,z~;~(.~.j Tc~.n Clerk RE: Town of Southold, Local Law 12, 2006, filed on August 24, 2006 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 WWW.DOS.STATE.NY.US · E-MAIL: INFO,DOS.STATE.NY.US #8007 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald 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 has been regularly published in said Newspaper once each week for copy,1 week(s), successively, comme c~ng o.n~l~,~~(,~~the 24th day of Au.qust, 2006. Principal Clerk Sworn to before me this ~ dayof ~~ NOTARY PUS/lC-STATE OF NEW YORK NO. 01-VO61060~0 GU(311flI~ I~ Iluffolk County ~llil~ll~ebruory 28, 2008 LEGAL NOTICES LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN that the Town Board has hereby ENACTED the Local Law entitled, ~ 280" on August 8, 2006, which reads as follows: LOCAL LAW NO. 12 of 20~6 A Local Law entitled,"A Local Law BE 1T ENACTED by the Town Board of the Town of Southold as fol- lows: I. Pml~ose - In order to provide for violations with respect to land clearfug, storage of unregistered vehicles, and.thy discharge of water onto highways, ~t ~s the Town Code. IL Chapter 280 of the Code of the Town of Southdid is hereby amended as follows: §280-136. Land clearing. No person shall undertake or carry out land clearing, including gxading, clearing, cutting and filling, excavating or tree removal associated therewith, without first having obtained any ap- propriate approvals or Perlmts where required. Weeding, gardening, mowing and the selective pruning of vegeta- tion or selective cutting of diseased or dead trees shall not be hicludgd berlin. Any person in violation of this section shall be subject to a fmc not to exceed $5,000. § 280-110. Open storage. No unenclosed debris, vehicles, ve- hicle parts or refuse may be kept on property in a residential district, except registered motor vehici~, recreation ve- hicles, boats and commercial vehicles as set forth la §280-78, and except where located in an agriaultural district and kept in comaecfion%fth bonafide agfi- culi~r al operation~ §280-111. prohibited uses in all dis- tricts. L Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right of way or sidewalk caus- ing a public nuisance, hazardous condi- tion, or resulting in flooding or pooling in or around the public area including neighboring propertie~ (2) No person shall place or cause to be placed obstcactions of any kind, except the lawful parking of registered vehicles, upon a public highway, road- way, right of way or sidewalk that unrea- sonably interferes with the public's use of the public highway, roadway, right of way or sidewalk. III. SEVERABILITY ff 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 unconstitu- tional or invalid. IV. EFFECIIVE DATE This Local Law shall take effect im- mediately upon filing with the Secretary of State as provided by law. Dated: August 8, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 8~007-1T 8t24 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE August 21, 2006 THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: Local Law 12 of 2006 "A Local Law in Relation to Amendments to Chapter 280" SCPC File No.: SD-06-LD Dear Ms. Neville: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Thomas Isles Director~o f Planning Chief Planner APF:cc RECEI~,~D AUG 2 5 2006 Southojd l'e~'n Clerk LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 · (631} 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER 631) 853-4044 Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 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 of 2006 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the better enforcement of Town Code violations with respect to land clearing, storage of unregistered vehicles, and the discharge of water onto highways, it is necessary to make these amendments to the Town Code. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-136. Land clearing. No person shall undertake or carry out land clearing, including grading, cleating, cutting and filling, excavating or tree removal associated therewith, without first having obtained any appropriate approvals or permits where required. Weeding, gardening, mowing and the selective pruning of vegetation or selective cutting of diseased or dead trees shall not be included herein. Any person in violation of this section shall be subject to a fine not to exceed $5,000. § 280-110. Open storage. No unenclosed debris, vehicles, vehicle parts or refuse may be kept on property in a residential district, except registered motor vehicles, recreation vehicles, boats and commercial vehicles as set forth in §280-78, and except where located in an agricultural district and kept in connection with bonafide agricultural operations. §280-111. Prohibited uses in all districts. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right of way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area including neighboring properties. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev. 1 b99) (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right of way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right of way or sidewalk. III. 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. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (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. 12 of 20 06 . of the (Cz-~.ty)(CL~')(Town) ~.':.'.'.~g:) of SOUTHOLD was duly passed by the TOWN BOARD on August 8 ,20 06 , 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 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. 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 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 f'mally adopted in the manner indicated in paragraph 1 , above. Elizabeth A. Neville, Town Clerk (Seal) Date: August 17, 2006 (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 I, the undersigned, hereby certify that the foregoing local law have been had or taken for the enactment of the local law ~ Titl contains the correct text and that all proper proceedings d~, ret . t Corcoran, Esq.~ Assistant Town Attorney Town of SOUTHOLD Date: August 17, 2006 4 NOTICE OF ENACTMEN £ NOTICE IS HEREBY GIVEN that the Town Board has hereby ENACTED the Local Law entitled, "A Local Law in relation to Amendments to Chapter 280" on August 8, 2006, which reads as follows: LOCAL LAW NO. 12 of 2006 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the better enforcement of Town Code violations with respect to land clearing, storage of unregistered vehicles, and the discharge of water onto highways, it is necessary to make these amendments to the Town Code. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-136. Land clearing. No person shall undertake or carry out land clearing, including grading, clearing, cutting and filling, excavating or tree removal associated therewith, without first having obtained any appropriate approvals or permits where required. Weeding, gardening, mowing and the selective pruning of vegetation or selective cutting of diseased or dead trees shall not be included herein. Any person in violation of this section shall be subject to a fine not to exceed $5,000. § 280-110. Open storage. No unenclosed debris, vehicles, vehicle parts or refuse may be kept on property in a residential district, except registered motor vehicles, recreation vehicles, boats and commercial vehicles as set forth in §280-78, and except where located in an agricultural district and kept in connection with bonafide agricultural operations. §280-111. Prohibited uses in all districts. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, fight of way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right of way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right of way or sidewalk. III. SEV~L~kBILITY 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. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: August 8, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON AUGUST 24, 2006~ 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 Suffolk Times Town Board Members Town Clerk's Bulletin Board Planning Board Zoning Board of Appeals Town Attorney Building Department STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 1 '~ day of O .t ~ ,2006, she affixed a notice of which the annexed printed notice is a true c~py, 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. Enactment of Local Law 12 of 2006 ~ (~lizabe'th A. Nevi~e Southold Town Clerk LYNDA M. BOHN NOI'AR¥ PUBLIC, State of New York No. Ot 806020932 Qualified in Suffolk Court Term EXpires March 8, 20 ~ C Town of Southold - Letter Board Meeting of August 8, 2006 RESOLUTION 2006-681 ADOPTED Item # 33 DOC ID: 2086 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-681 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 8, 2006: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 11th day of July, 2006 a Local Law entitled "A Local Law in relation to Amendments to Chapter 280" 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 VOtEREAS, the proposed action has been reviewed pursuant to Chapter 95 of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; now therefore 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" reads as follows: LOCAL LAW NO. 12 of 2006 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the better enforcement of Town Code violations with respect to land clearing, storage of unregistered vehicles, and the discharge of water onto highways, it is necessary to make these amendments to the Town Code. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-136. Land clearing. Generated August 9, 2006 Page 43 Town of Southold - Lett~) BoQ Meeting of August 8, 2006 No person shall undertake or carry out land clearing, including grading, clearing, cutting and filling, excavating or tree removal associated therewith, without first having obtained any appropriate approvals or permits where required. ";*~ -~ .......... ~ .... r .... rr ..... Weeding, gardening, mowing and thc selective pruning of vegetation or selective cutting of diseased or dead trees shall not be included herein. Any ................ ~.....~ ........... ~, person m wolat~on of this section shall be f:m~l-ap-t~ subject to a fine not to exceed $5,000. m,~ _~ .......... ~ ~.~, ~.~ § 280-110. Open storage. No unenclosed debris, vehicles, vehicle pans or refuse may be kept on property in a residential district ..... ~,e, except ~....._.~, .... ~ ....... registered motor vehicles o~ recreation vehicles, ~ boats and eommercml vehicles as set forth in §280-78, and except where located in an agricultural district and kept in connection with bona e a cu operations ........ v §280-111. Prohibited uses in all districts. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right of way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area including neiehboring t>ronerties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right of way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right of way or sidewalk. III. SEVERABILITY If any clause, sentence, paragraph, section, or pan 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 pan thereof other than the part so decided to be unconstitutional or invalid. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Generated August 9, 2006 Page 44 Town of Southold - Letter C Board Meeting of August 8, 2006 Southold Town Clerk RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated August 9, 2006 Page 45 Town of Southold - Letter Board Meeting of August 8, 2006 RESOLUTION 2006-680 ADOPTED Item # 32 DOC ID: 2087 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-680 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 8, 2006: RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in relation to amendments to Chapter 280" is classified as a Type H Action pursuant to SEQRA Rules and Regulation,. 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated August 9, 2006 Page 42 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Town of Southold Town Board ,,~ Kieran Corcoran, Assistant Town Attorney From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: August 8, 2006 Re~ LOCAL LAW NO. 12 of 2006 A Local Law in relation to Amendments to Chapter 280 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfi'ont Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my determination that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 95, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE July 21, 2006 RECEIVED JUL 2 8 2006 Southo~d Tc,~-n Clerk THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road- P.O. Box 1179 Southold, NY 11971 Re: "A Local Law in relation to Amendments to Chapter 280" Dear Ms. Neville: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Ti~ ihr°2toaSr IoSl;Sp ~lam~~~ Chief Planner APF:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 · (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER 631) 853-4044 #7970 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Bonald of Maffituck, 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 I week(s), successively, commencing on the 20th day of July , 2006, Principal Clerk Sworn to before me this (~) day of ~ 2006 RECETV;~D JUL 2 4 2005 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 1 lth day of July, 2006 a Local Law entitled "A Local Law in relation to Amendments to Chapter 280" 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 HaH~ 53095 Main Road, Southold~ New York~ on the 8th day of August~ 2006 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 Amendments to Chapter 280" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the better enforcement of Town Code violations with respect to land clearing, storage of unregistered vehicles, and the discharge of water onto highways, it is necessary to make these amendments to the Town Code. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-136. Land clearing. No person shall undertake or carry out land clearing, including grading, cleating, cutting and filling, excavating or tree removal associated therewith, without first having obtained any appropriate approvals or permits where required, site plan ........ ~ Weeding, gardening, mowing and the selective pruning of vegetation or selective cutting of diseased or dead trees shall not be included herein. Any ,~ person ~n wolat~on of this section shall be ~ -v .v su ect to a fine not to excee ,000 ..... v ....vv ........................... § 280-110. Open storage. No unenclosed debris, vehicles, vehicle parts or refuse may be kept on prope in a resldentl lstnct ..... o~, exce ....... ~ '~- '~v ...... v ...... ~, ;'~ ......... v ...... v ...... t, ---or ....... registered motor vehicles ov~ recreation vehicles, ov ~ats and commercial vehicles as set fortl'Ylh §280-78, and except where located in an agricultural district, shall be pe~tte~ in a re~ider~a! di~ct. §280-111. Prohibited uses in all districts. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right of way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right of way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, fight of way or sidewalk. III. 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. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: JUNE 6, 2006 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JULY 20, 2006 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the T?}vn of Southold, New York being duly sworn, says that on the I._.~ day of /~r/ ,2006, she affixed a notice of which the annexed printed notice is ta~ue cgy, 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. Public Heating: 8/8/06 8:00 p.m. - Chapter 280 -(~ E~ab~th $outhold Town Clerk Swom before r ablic LYND^ M. BOHN NOTARY PUBLIC, 8tate of New Yo~ No. 01B06020932 Qualified in Suffolk County Term Expires March 8, 20 ~ Town of $outhold - Lette Meeting of July 11, 2006 RESOLUTION 2006-613 ADOPTED Item # 37 DOC ID: 2018 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-613 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 11, 2006: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1 lth day of July, 2006 a Local Law entitled "A Local Law in relation to Amendments to Chapter 280" now, therefore, be it RESOLVED 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 8th day of August, 2006 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 Amendments to Chapter 280" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the better enforcement of Town Code violations with respect to land clearing, storage of unregistered vehicles, and the discharge of water onto highways, it is necessary to make these amendments to the Town Code. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-136. Land cleating. No person shall undertake or carry out land clearing, including grading, cleating, cutting and filling, excavating or tree removal associated therewith, without first having obtained any appropriate approvals or permits where required, sile-plma-appmv~. Weeding, gardening, mowing and the selective pruning of vegetation or selective cutting of diseased or dead trees shall not be included herein. Any ................. ~,...,2 ........... ~ person in violation of this Generated July 12, 2006 Page 46 Town of Southold - Lettl~ Bl~rd Meeting of .luly 11, 2006 section shall be 5ned up to subject to a fine not to exceed $5,000 ..... v ....vv ..........bo § 280-110. Open storage. No unenclosed debris, vehicles, vehicle parts or refuse may be kept on property in a residential district storage, except ~arking cf cperaS!e ~aggenger vek~c!es ca~aS!e cf pag~ing ~pec~o~ registered motor vehicles o~ recreation vehicles, o~ boats and commercial vehicles as set forth in §280-78, and except where located in an agricultural district, shall bc Fe..%.!tted in a residemi~ district. §280-111. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, fight of way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right of way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right of way or sidewalk. III. 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. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated July 12, 2006 Page 47 SOUTHOLD TOWN BOARD PUBLIC HEARING August 8, 2006 8:00 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1 lth day of July, 2006 a Local Law entitled "A Local Law in relation to Amendments to Chapter 280" 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 8th day of AngusL 2006 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 Amendments to Chapter 280" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280". BE IT ENACTED by the Town Board of the Town of Southold as follows: i. Purpose - In order to provide for the better enforcement of Town Code violations with respect to land cleating, storage of unregistered vehicles, and the discharge of water onto highways, it is necessary to make these amendments to the Town Code. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-136. Land cleating. No person shall undertake or carry out land cleating, including grading, clearing, cutting and filling, excavating or tree removal associated therewith, without first having obtained any appropriate approvals or permits where required. Weeding, gardening, mowing and the selective pruning of vegetation or selective cutting of diseased or dead trees shall not be included herein. Any ..:^1~,:_~, *-,*-'.*-~ person in violation of this section shall be~,,,,~"-~a --~v '~,~ subject to a fine not to § 280-110. Open storage. No unenclosed debris, vehicles, vehicle parts or refuse may be kept on property in a residential district storage,except v ~.1.;~ v-oo-~o:~- _~ow~_: ..... ':~ registered motor vehicles oh recreation vehicles, o~ boats and commercial vehicles as set forth in §280-78, and except where located in an agricultural §280-111. Prohibited uses in all districts. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged an,/water of any kind onto a public highway, roadway, right of way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right of way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right of way or sidewalk. III. 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. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by taw. COUNCILMAN WICKHAM: I have a notice here from Mark Terry, the Senior Environmental Planner and the LWRP coordinator. "The proposed action has been reviewed to Chapter 95, the Waterfront Consistency Review LWRP policy standards and based upon the information provided on this consistency assessment form, submitted to the department as well as the records available to me, it is my determination that this proposed action is consistent with the policy standards and therefore is consistent with the LWRP." From Thomas Isles and Andy Freiling, the Chief Planner of the Suffolk County Department of Planning, "Pursuant to sections of the Suffolk Administrative code, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission." I have a notice that it has appeared as a legal in the local newspaper, it has appeared out there on the Town Clerk's bulletin board and that is all the communications in the file. SUPERVISOR RUSSELL: Would anybody like to comment? Kathy. KATHY TOLE: Good evening, Kathy Tole, East Marion. I just have a few questions but one in particular. Has does this affect the situation such as we had this past winter where we had the winter rain storm and the only place for people to remove water from their dwellings was on to the public roadway? SUPERVISOR RUSSELL: The unfortunate aspect of that is, if you are creating a situation where it is going to pool and freeze, it is a public nuisance and we have no choice but to stop the property owner from doing that. I understand that the water volume, particularly in the wintertime when the ground is still frozen is very difficult to deal with but the public right-of-way that poses a public hazard is not the appropriate location for the water. MS. TOLE: Well, sometimes there is absolutely no other location for the water and perhaps it would be a public safety service to require that where there is no other place to remove the water to, that the people be required to notify the Highway Department so that they can put up the barriers or something else because you are dooming homeowners to sit in basements for a month, full basements for a month and that does not seem to serve the public interest in any way whatsoever because it affects their ability to heat, have electricity, everything else. It may be an unintended consequence or an intended consequence but it will put such an extreme burden where as simple barriers in the street might serve both purposes. COUNCILMAN WICKHAM: I think you have a good point and I think there is the possibility of people being ultimately found in violation of a law like this but ! also think the Town has some latitude in how it enfomes its laws and the example you gave, I just can't believe that this Town would prosecute people under those circumstances. MS. TOLE: Uncomfortable in that that is on the record that it is not the intention of this legislation. COUNCILMAN WICKHAM: That would certainly not be my intent... SUPERVISOR RUSSELL: I would hope that we would show better discretion than that. There are circumstances where people have flooded basements who feel all of the freedom in the world to discharge that water on a public fight-of-way, only to end up in someone else's basement or people discharging pools for the winter into the public right- of-way. So, again, no law is perfect but we needed to address it at least by stepping in the direction of approaching some measure of enfomement, of which fight now there is none. MS. TOLE: Thank you. ASSISTANT TOWN ATTORNEY CORCORAN: It is directed at people who intentionally create a hazardous situation or are aware of it and told, please stop, this is creating a hazardous situation that we can't control, it is harming you neighbors and they continue to do it. So we do have a lot of discretion in when and where to enforce it. MS. TOLE: Thank you. Now, under another section, 280-110, open storage. I believe I understand what this is intended to address. Again but I think that there may have been some gaps or some unintended consequences that are quick fixes. Under the amendment, it seems to be possible for a junkyard or auto surplus yard etc. to be placed on agricultural land. The way that I read the atg-icultural exemption, it permits that and more in fact. Furthermore, if it isn't changed, it does appear to conflict somehow with Chapter 54, which governs junkyards. So, presenting the problem can offer two possible solutions, perhaps it would better serve the public if this amendment required that the agricultural owner or the agricultural tenant actually hold New York State title to the vehicles that are on their land. Or that unregistered vehicles be used for active farming in some way. Otherwise, there is a blanket exemption for storage of unregistered vehicles on agricultural land and I don't think that was intentional blanket exemption. Perhaps the agricultural land should not receive the wholesale exemption from debris collection, unless it is required in the course of agricultural activity and I think that is the intention of both, that it be connected to the aghcultural activity and I think it would better serve the intention to state that, unless it is the intention to just wholesalely exempt them from storage of anything on farmland. Could I hear any read of the intention on this? COUNCILMAN KRUPSKI: I think the intention was to protect some of the historic farmers out here. I think Tom would agree that during the course of your operation, which spans the generations, you are accumulating a good deal of equipment that can generally be termed old and at times your, sometimes you can pick up different pieces of equipment from other farmers or other locations that can be used as parts to keep everything wired together and keep farming. And then those things have to get stored somewhere and they don't always title to them and sometimes they look like garbage but when you go to find, you try to find a part this big and it is going to cost you $150 and you are lucky to find it in Iowa or Texas or somewhere, you know, it is handy to have those things around to keep the operation in business. So, you know, what looks like junk could actually be very valuable in parts and you don't want to, I think you are going to hobble the agricultural industry if you can't keep equipment .... MS. TOLE: I understand that... COUNCILMAN KRUPSKI: That you are not currently using. MS. TOLE: ...problem, which would present other people, be presented by other people who might only be able to afford their 1986 Honda Accord and somebody gave them a spare Honda Accord and they know they are going to use the parts from that and they equally have a burden to bear. I don't think we hobble them, I think that what we are doing is absolute discretion and if you don't title them, they certainly should not be out in the public view. You have barns to put them in or barns to put them behind and maybe there should be some respect for the visual as well, for the population be it visitors or residents. And I think that giving a wholesale exemption because they might have an agricultural vehicle there that they need for some reason or another is giving excessive latitude that is subject to abuse. SUPERVISOR RUSSELL: I would say actually also, to agree with you actually. The use of the Ag district, there is also, I think there should probably be more precise wording as to the bona fide agricultural operation, located in an agricultural district because districts are fixed in time, whereas operations perhaps can come and go and being a participant in the ag district simply requires simply requires someone to electively enroll their land in the district, even if they don't have a bona fide operation. So, there probably should be some more precise wording but I think at the same time, Albert and Tom, where Albert certainly what he had said tonight, it is true that you need to give some latitude to ag operations, they are not always, they simply don't have the time or the room to find, to shield every aspect of their operation from public view. They are an industry, so I think maybe if we can find more precise wording to respect the fact that they are an industry that needs that latitude and at the same time make sure that there aren't abuses, I would be inclined to hold this for more consideration. I don't know how the rest of the Board feels. COUNCILMAN WICKHAM: I would just like to respond. Most farming operations that I know of are large enough that the old equipment that they keep around is not really in public view. MS. TOLE: I would agree with you. COUNCILMAN WICKHAM: It is usually covered up with brush and vines, poison ivy, bushes... MS. TOLE: Or some are displayed and pleasantly displayed. I am not picking on anybody. COUNCILMAN WICKHAM: So consequently, I think from the point of view of visual impact, ! think granting this agricultural exemption here is valid and appropriate. I don't think granting it will really impinge on how the North Fork looks like. And if does and people come to the Board at some future stage and say, look, this has really been terrible, the impact that this loophole has had, I think the Board should take another look at it. But until somebody can make that case, I think this is an appropriate exemption. MS. TOLE: So you feel that farmers should have permission to store as many derelict vehicles on their property that are owned by anybody... COUNCILMAN WICKHAM: No. Of their own operation. And not... MS. TOLE: That is what I am asking to be tightened up. Some connection to the operation. Not... COUNCILMAN WICKHAM: I am open, or previous operation. I mean, operation goes back some years. MS. TOLE: Something like that. COUNCILMAN WICKHAM: We don't want farms to become junkyards for other people and other operations. MS. TOLE: That is exactly my concern. COUNCILMAN WICKHAM: I think the Board probably would... COUNCILMAN EDWARDS: As I read it though, the change in language here doesn't really change the meaning, it only clarifies by instead of saying it won't be permitted in a residential district, it says it will only be permitted in an agricultural district which really means essentially the same thing, just you notice what is crossed out versus the language which is added. It was always permitted in an agricultural district, this is just a different way of saying the same thing. COUNCILMAN ROSS: The way the code reads, Kathy, is any vehicle that is capable of passing inspection is not considered a junked vehicle... MS. TOLE: I read the cross out. COUNCILMAN ROSS: And there are specific places in town that that is preventing the town from cleaning up. So that is the focus here. We are changing that so that and it is not agricultural districts that we are really won/ed about at this time but if one becomes a problem, let's pass this today so we can deal with the issues that are... MS. TOLE: Knowing it will allow a junkyard on an agricultural property because it permits, it specifically permits it. It doesn't exclude something else. It specifically exempts agricultural property from storage of 2,000 derelict vehicles. A simply fix and a later vote. That is just my opinion, we obviously disagree on that. SUPERVISOR RUSSELL: Yeah, I honestly don't know that in the next few weeks we are going to do the Town any harm by pulling this back and clarifying the wording and also tying the bona fide ag operation to afford them the protection without the underlying consequences of somebody who is not part of an ag, bona fide ag operation. Because as Tom pointed out, not every agricultural parcel is used for agricultural purposes either. ASSISTANT TOWN ATTORNEY CORCORAN: We can make the change right now. I can add a phrase on to the end of the law that says 'and kept in connection with bona fide agricultural operations' I don't think it changes the intent of the law. MS. TOLE: (inaudible) everybody's concern, I think. SUPERVISOR RUSSELL: Yeah, that is sufficient. Is that sufficient, Kathy? MS. TOLE: Oh, certainly. SUPERVISOR RUSSELL: And kept in and used in part of a bona fide agricultural operation. COUNCILMAN KRUPSKI: Right. SUPERVISOR RUSSELL: That is good, right? COUNCILMAN KRUPSKI: Absolutely. SUPERVISOR RUSSELL: Okay, we will go with that. MS. TOLE: Because that covers the exact thing that you brought up. COUNCILMAN KRUPSKI: Absolutely. MS. TOLE: Now, on the occasion that somebody has an unregistered vehicle and then pending receipt of new title and so forth, I would like to see perhaps a wait time, a 7 day, 14 day, something like that on the section where unregistered vehicles can't be on property. Think about that. ASSISTANT TOWN ATTORNEY CORCORAN: We always contact people who we are considering giving violations to and giving them a chance to .... MS. TOLE: Okay. Is there a penalty for unauthorized storage? And linking to that, I didn't see a clause in here that allows for debris or vehicles or all of these things that we want to keep off property to be removed by the Town and then billed off to the property owner. Is that supposed to be in here or is it covered by other Town code? Because without penalty... ASSISTANT TOWN ATTORNEY CORCORAN: Well, the penalty is the violation of Town code and they are subject to the penalties, the catch-all penalties of any other violation. There are monetary penalties. I think the first offense, I can't tell you off the top of my head but it is hundreds of dollars. SUPERVISOR RUSSELL: I will tell you, on that issue of penalties, we will hopefully in the near future, I have a code enfomement small working group that has been meeting regularly on how to address the issue of code enfomement and sooner or later, we are going to have to get to the issue of the monetary aspects because the current penalties aren't very, they are really not a disincentive because they are not that substantial and they are very difficult to assign. So, in tl~e near future we are going to get into those issues of what is meaningful enforcement, what is a meaningful penalty on a myriad of code violations. MS. TOLE: Is there are separate code that allows for the removal of debris or vehicles or anything and have it billed off to the property owner, currently? SUPERVISOR RUSSELL: I believe we have that right at any time, provided we go through a due process and assign the cost to the owner. ASSISTANT TOWN ATTORNEY CORCORAN: I am not aware that there is a specific provision as to unregistered vehicles... MS. TOLE: No, I just meant as an enforcement, something that will allow this problem to be corrected in case somebody decides that they are just not going to do anything. That is all. Perhaps that can be knocked around. SUPERVISOR RUSSELL: That is a very good point. ASSISTANT TOWN ATTORNEY CORCORAN: That is a good consideration. MS. TOLE: Anything with that, the ability to correct seems a problem. And then just one more point... SUPERVISOR RUSSELL: You are going after my 86 Honda, aren't you? I will move it to my backyard. MS. TOLE: The prohibited use in all districts. I am just concerned about things like roll- offs for construction. Should there be a reference to something like that for clarity? It says that you can't put anything on the street that is an obstruction and ..... ASSISTANT TOWN ATTORNEY CORCORAN: Well the clause that sort of qualifies that is 'that unreasonably interferes with the public's use of the public highway' so, if it is a temporary means of doing business .... MS. TOLE: If I don't put it in the middle of the road, I will be okay. ASSISTANT TOWN ATTORNEY CORCORAN: We will be okay with that. MS. TOLE: Okay. Thank you. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment? Mr. Wills? FRANK WILLS: Good evening, Frank Wills, Mattituck. On the clause 'no person shall undertake or carry out land cleating, including grading, clear-cutting and filling without first having obtained appropriate approval where permits are required' How does one know what the rules and regulations are? Basically I am referring, let's take an example, the property on Cox Neck Road, which about a year ago was oh, I would say 50 % wooded, the owner clear cut the whole thing, brought in six to eight foot of fill and put a house on it. Now .... ASSISTANT TOWN ATTORNEY CORCORAN: Well, the set forth and the various provisions of the code, the Trustees code and the site plan code; the reason this change was made was to enable the Town to prosecute people who do clearing, you know, that violates any part of the Town code and not be able to say, well, I don't need site plan so you can't violate me under this provision. MR. WILLS: Or I didn't know. Or the other problem is, that if you are going to build a nice McMansion, $5,000 plus or minus, so what? But I have got my point, do you see what I am getting at? I think the fine should be much more than $5,000 or re-foresting- forced to do it. I mean, go down Cox Neck and look at that place. It is stripped clean. Now this was before any change in the law. SUPERVISOR RUSSELL: Yeah. I .... MR. WILLS: Maybe the law was in effect. But they... SUPERVISOR RUSSELL: I know that property and I have to agree with you on your sentiment but I am not sure that the Town really has a current policy that governs residential cleating. So this law, actually, is only meant to be, the fines for where we do have clearing issues, such as in the commercial sector, presumably waterfront issues but we don't generally govern the residential yard cleating. So that is what had happened there. MR. WILLS: My mistake. But my suggestion would be, we ought to think about putting it in. SUPERVISOR RUSSELL: That is a very good point. MR. WILLS: Thank you. COUNCILMAN WICKHAM: I would like to make that point that this sentence, no person shall undertake or carry out land cleating, including grading, cleating, cutting etc, without first having obtained appropriate permits, where required; this is really intended in the site plan context... SUPERVISOR RUSSELL: That is right. COUNCILMAN WICKHAM: But it doesn't say that. SUPERVISOR RUSSELL: What is says basically if you need permission, you should have gotten permission. ASSISTANT TOWN ATTORNEY CORCORAN: Originally it was limited, if you look at what was crossed out, it was limited to getting site plan approval. But there are circumstances, such as near the wetlands; where we have gone after people for clearing wholesale cleating, and they have made the argument or tried to make the argument unsuccessfully that while this is only in relation to site plan and we didn't need site plan approval so we can do whatever we want. Now, we have persevered against such arguments but we thought it would be prudent to make the change so that people couldn't make that argument in front of a judge in the future. COUNCILMAN WICKHAM: But this sentence, if you take it literally, says no person can ever undertake or carryout any of these things under any conditions, without first having obtained those approvals. ASSISTANT TOWN ATTORNEY CORCORAN: Well, it is only where the approvals are required. SUPERVISOR RUSSELL: Without getting any approvals, presumably as required. ASSISTANT TOWN ATTORNEY CORCORAN: And they are required in relation to wetlands, in relation to site plans .... SUPERVISOR RUSSELL: Conservation easements on open space, next to a homeowners associations, set-offs and things like that. ASSISTANT TOWN ATTORNEY CORCORAN: I think Scott is right that they are not necessarily required on single and separate residential buildings. SUPERVISOR RUSSELL: But it is an issue that we should visit in the near future, according to Mr. Wills and I happen to agree with you on that particular property. Would anybody else like to comment on this issue? (No response) Could I get a motion to close the hearing? JUSTICE EVANS: With the amendments as stated. SUPERVISOR RUSSELL: With the amendments as stated. Southold Town Clerk