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HomeMy WebLinkAboutLL 2011 #05EIJ~,ABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD EM390736616US May 17, 2011 Express Mail Local Law No. 4 & 5 of 2011 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231-001 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 4 & 5 of 2011 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney SOUTHOLD TOWN CLERK PUBLIC HEAR~G May 10, 2011 7:37 PM Present: Deputy Supervisor Philip Beltz Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Finnegan Absent: Supervisor Scott Russell This hearing was opened at 7:44 PM COUNCILMAN TALBOT: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, th on the 12 day of April, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees." 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 10ft' day of May, 2011 at 7:37 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 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. May 10, 2011 2 Amendments to Chapter 144 Public Hearing The Town Board has reviewed the building permit renewal fee associated with the Town's Fire Prevention and Building Code Administration (Chapter 144) and has determined that charging the same fee for the original building permit and a renewal of a building permit is not in the best interest of the Town. As such, the Town Board is decreasing the fee for the renewal of a building permit to 50% of the fee paid for the original building permit. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: §144-8. Building permit required; application for permit. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a new renewal permit shall be required. § 144-11. Building permit fees. Upon filing of an application for a building permit, fees shall be paid in accordance with §144-8 of the Town Code. In the event that a building permit expires as set forth in §144-8(I), the applicant shall remit an additional fee in an amount equal to 50% of the fee paid in connection with the original application to renew the building permit. In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded. IlL 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. There is a notice here that it was posted in the Suffolk Times on May 3. It was posted on the Town Clerk's bulletin board outside on April 15. We have a letter from the Suffolk May 10, 2011 3 Amendments to Chapter 144 Public Hearing County Department of Planning, "Pursuant to the requirements of section A 14-14 thru-A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county wide or inter-community impact. The decision of local determination should not be construed as either an approval or a disapproval." That is from Andrew Freleng, Chief Planner. A letter from Martin Sidor, Chairman of the Planning Board, "Thank you for the opportunity to provide comments on the proposed amendment to the Town Code referenced above. The Planning Board has reviewed the amendments to Chapter 144 to change the renewal fees for building permits and supports this change." We have a copy of the letter from LWRP coordinator Mark Terry, "The proposed local law has been reviewed to Chapter 268 Waterfront Consistency Review of the Town of Southold Town Code and the LWRP policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards, therefore is consistent with the LWRP." And that is it. DEPUTY SUPERVISOR BELTZ: Does anyone have any comments they would like to make regarding the building renewal fees? (No comment) This heating was closed at 7:46 PM Southold Town Clerk NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing (Use this form t~ 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. ALBANY, NY 12231 [~ County Cl City [] Town of rn Village SOUTHOLD Local Law No. 5 of the year 2011. A Local Law entitled, A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, in connection with Building Permit Renewal Fees Be it enacted the Town Board of the: Ci County Cl City [] Town of Cl Village SOUTHOLD I. Purpose. The Town Board has reviewed the building permit renewal fee associated with the Town's Fire Prevention and Building Code Administration (Chapter 144) and has determined that charging the same fee for the original building permit and a renewal ora building permit is not in the best interest of the Town. As such, the Town Board is decreasing the fee for the renewal of a building permit to 50% of the fee paid for the original building permit. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: §144-8. Building permit required; application for permit. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a renewal permit shall be required. § 144-11. Building permit fees. Upon filing of an application for a building permit, fees shall be paid in accordance with §144-8 of the Town Code. In the event that a building permit expires as set forth in § 144-8(I), the applicant shall remit an additional fee in an amount equal to 50% of the fee paid in connection with the original application to renew the building permit. In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded. 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. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) 2 (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. 5 of 20 11 . of the (C::~n.~')(C[.~')(Town) (..~klag~) of SOUTHOLD was duly passed by the TOWN BOARD on May 10 ,20 11 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage 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)(re-passed 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 approvedXrepassed after disapproval) by the on 20 . Such local law was submitted to the people by reason ora (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)(TownXVillage). of was duly passed by the on 20 , and was (approvedXnot 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 there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. (Seal) Cle~ oft~ County legislative body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: May 16~ 2011 (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 contain~rrect text and that all proper proceedings have been had or taken for the enactment of the local law annexed~h~.~ereto. '",N Signature~"~?'--------" " Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq.~ Assistant Town Attorney Title Town of SOUTHOLD Date: May 16~ 2011 4 RESOLUTION 2011-374 ADOPTED DOC ID: 6861 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-374 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 10, 2011: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of April, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees." 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 proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees" reads as follows: LOCAL LAW NO. 5 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the building permit renewal fee associated with the Town's Fire Prevention and Building Code Administration (Chapter 144) and has determined that charging the same fee for the original building permit and a renewal of a building permit is not in the best interest of the Town. As such, the Town Board is decreasing the fee for the renewal of a building permit to 50% of the fee paid for the original building permit. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: {}144-8. Building permit required; application for permit. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of Resolution 2011-374 Board Meeting of May 10, 2011 the permit for an additional six months. Thereafter, a new renewal permit shall be required. § 144-11. Building permit fees. Upon filing of an application for a building permit, fees shall be paid in accordance with § 144-8 of the Town Code. In the event that a building permit expires as set forth in § 144-8(I), the applicant shall remit an additional fee in an amount equal to 50% of the fee paid in connection with the original application to renew the building permit. In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded. 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: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans ABSENT: Scott Russell Updated: 5/11/2011 8:23 AM by Lynda Rudder Page 2 RESOLUTION 2011-372 ADOPTED DOC ID: 6854 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-372 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 10, 2011: 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 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees" is classified as a Type II 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr. Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans ABSENT: Scott Russell RESOLUTION 2011-372 ADOPTED DOC ID: 6854 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-372 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 10, 2011: 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 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees" is classified as a Type II 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans ABSENT: Scott Russell RESOLUTION 2011-374 ADOPTED DOC ID: 6861 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-374 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 10, 2011: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12t" day of April, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, in connection with Building Permit Renewal Fees." and VOtEREAS 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 proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, in connection with Building Permit Renewal Fees" reads as follows: LOCAL LAW NO. 5 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the building permit renewal fee associated with the Town's Fire Prevention and Building Code Administration (Chapter 144) and has determined that charging the same fee for the original building permit and a renewal of a building permit is not in the best interest of the Town. As such, the Town Board is decreasing the fee for the renewal of a building permit to 50% of the fee paid for the original building permit. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: §144-8. Building permit required; application for permit. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of Resolution 2011-374 Board Meeting of May 10, 2011 the permit for an additional six months. Thereafter, a ~ renewal permit shall be required. § 144-11. Building permit fees. Upon filing of an application for a building permit, fees shall be paid in accordance with {}144-8 of the Town Code. In the event that a building permit expires as set forth in §144-8(I), the applicant shall remit an additional fee in an amount equal to 50% of the fee paid in connection with the original application to renew the building permit. In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded. 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 IUNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans ABSENT: Scott Russell Updated: 5/11/2011 8:23 AM by Lynda Rudder Page 2 LL - AMENDMENT TO CHAPTER 144/BUILDING PERMIT RENEWAL FEES SUMMARY OF PROPOSED CHANGES THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING AMENDS CHAPTER 144 TO DECREASE THE FEE FOR THE RENEWAL OF A BUILDING PERMIT TO 50% OF THE FEE PAID FOR THE ORIGINAL BUILDING PERMIT. 10212 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 28th day of April, 2011. ' ~ Principal Clerk Sworn to before me this 2011. LEGAL NOTICIC NOTICE OF PUBLIC HEARING Wit~R~AS, there has been pre- Mnted to the Town Board of the Town of Southold, Suffolk County, New York, ea the 12th day of April, 2011, a Local Law entitled ', · foliowa: §144-8. B~liding pe~nit required; ap- plication for permit. I. Every building permit shall expire if the work authorized has not commenced within 12 months aRer the date of issu- ance or has not been completed within 18 months ~rom such date. If no zoning amendments or other regulations affect- ing the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six month& Thereafter, a ~ renew~ permit shall be required~ § 144.11. Budding penait fe~. RESOLVED that the Town Board of A. Upon filing of an application for a the Town of Southold wffi hold a pub- building pe~'~it, fees shall be paid in ac* lic hearing on the aforesaid Local Law cordance with §144-8 Of the Town Co~. at the Southold Town Hall. 53095 Main B. in the event that a buildin~ R°ad' Southold, New York, on the 1~ e~mires M set forth in ~44-8(1/ thump ~ ef ]~ ~0~1~ '/-.y/~ at which olieant shall~'emitan ~M~ai fee time ali interested persons will be given amount eanal to 50% of the fee an opportunity to be heard. The prope~ed Local Law entitled, "A to 50% of the fee paid for the original ~ In the event that an applicatio~ for a building permit is not approved, the applicant shall be entitled th a ~fond ~0% of the fee paid, provided that no constraction has been commenced. conshruedon work bas been started and the application is ~t approved, the paid shall not be rehmded. m. If any clause, sentence, para~ph, be ad]udlied by lmy court Of competeat ~a~urisdi~ion to be invalid, the jadsme~t not ~ OF THE TOWN OF SOUTHOLD Elizabeth Neville 10~212-1T 4/28 Town Clerk STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLF: Town Clerk of the Town of Southold, New York being dulyswom, says that on the : /_Y~_dayoft~'/g~'c , 2011, 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 Town of Southold, Suffolk Coumy, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Bldg Permit fees Sworn before me this ~,/a. day of ~.)~r~.~_ ,2011. - 5loiary P1]blic r LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01CO4822563, Suffolk Cour)t.y Term Expires December 31, 20 ('~- ~Elizab~'th A. Neville Southold Town Clerk COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED DEPARTMENT OF PLANNING MAY 2 201 April 28, 2011 Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Applicant: Zoning Action: Public Hearing Date.: Resolution No.: S.C.P.D. File No.: Town of Southold Amendment Chapter 144, "Fire Prevention and Building Code Administration, in connection with Building Permit Renewal fees" May 11,2011 #2011-328 SD- 11 -LD Dear Ms. Neville: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for Local Determination as there is no apparent significant county wide or inter-community impact. A decision of Local Determination should not be construed as either an approval or disapproval. Chief Planner APF:ds cc: Elizabeth Neville, Clerk LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 ~,ECEIVED MEMORANDUM APB 2 6 20'~1 To: Scott Russell, Town Supervisor Members of the Town Board SoutMld Town Clerk From: Martin Sidor, Chairman, Planning Board ./'~.~ U Date: April 26, 2011 Re: Proposed Amendment to Chapter 144 Fire Prevention and Buildin.q Code Administration Thank you for the opportunity to provide comments on the proposed amendment to the Town Code referenced above. The Planning Board has reviewed the proposed amendment to Chapter 144 to change the renewal fees for Building Permits and supports this change. cc: Town Clerk Town Attorney PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM RECEIVED To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator ,, q 25 2011 Town Cleric Date: April 22, 2011 Re: "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Buildin.q Code Administration, in connection with Building Permit Renewal Fees." The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH Ill DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED To: Scott Russell, Supervisor Members of the Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator April 22, 2011 Re: "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, in connection with Building Permit Renewal Fees." The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5(20), the action, as proposed, is a Type II action and therefore not subject to SEQRA review. Cc; Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fox (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 14, 2011 Re: Resolution Number 2011-328"A Local Law in Relation to Amendments to Chapter 144 Fire Prevention and Building Code Admin Re: Renewal Fees in the Town of Southold. Martin Sidor, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Sidor: The Southold Town Board at their regular meeting held on April 12, 2011 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public heating is 7:37P.M., Tuesday, May 11,2011. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, · Southold Town Clerk Enclosure cc: Town Board ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 14, 2011 Re: Resolution Number 2011-328"A Local Law in Relation to Amendments to Chapter 144 Fire Prevention and Building Code Admin Re: Renewal Fees in the Town of Southold. Andrew P. Freleng, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on April 12, 2011 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning Department for their review. The date and time for this public hearing is 7:37P.M., Tuesday, May 11,2011. Please do not hesitate to contact me, if you have any questions. Thank you. tr~ll, y yours, . ville Southold Town Clerk Enclosure cc: Town Board RESOLUTION 2011-331 ADOPTED DOC ID: 6822 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-331 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 12, 2011: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled~ "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Buildinll Code Administration~ in connect with Building Permit Renewal Fees"~ to the Southold Town Planning Board and the Suffolk Count. Planning Commission for comments and recommendations. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell RESOLUTION 2011-328 ADOPTED DOC ID: 6819 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-328 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 12, 2011: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of April, 2011, a Local Law entitled "A Local Law in _relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees." 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 l0th day of May, 2011 at 7:37 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 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fin. prevention and Building Code Administration~ in connection with Building Permit Renewal Fees". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the building permit renewal fee associated with the Town's Fire Prevention and Building Code Administration (Chapter 144) and has determined that charging the same fee for the original building permit and a renewal ora building permit is not in the best interest of the Town. As such, the Town Board is decreasing the fee for the renewal ora building permit to 50% of the fee paid for the original building permit. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: {}144-8. Building permit required; application for permit. I. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of Resolution 2011-328 Board Meeting of April 12, 2011 the permit for an additional six months. Thereafter, a ne~v renewal permit shall be required. § 144-11. Building permit fees. Upon filing of an application for a building permit, fees shall be paid in accordance with §144-8 of the Town Code. In the event that a building permit expires as set forth in §144-8(I), the applicant shall remit an additional fee in an mount equal to 50% of the fee paid in connection with the original application to renew the building permit. In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded. 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: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 4/12/2011 3:28 PM by Lynda Rudder Page 2 LEGAL NOTICE NOTICE OF PUBLIC HEARING WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of April, 2011, a Local Law entitled "_AA Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees." 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 l0th day of May, 2011 at 7:37 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 144~ Fire Prevention and Building Code Admlnistration~ in connection with Building Permit Renewal Fees" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the building permit renewal fee associated with the Town's Fire Prevention and Building Code Administration (Chapter 144) and has determined that charging the same fee for the original building permit and a renewal of a building permit is not in the best interest of the Town. As such, the Town Board is decreasing the fee for the renewal of a building permit to 50% of the fee paid for the original building permit. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: §144-8. Building permit required; application for permit. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a new renewal permit shall be required. § 144-11. Building permit fees. Upon filing of an application for a building permit, fees shall be paid in accordance with § 144-8 of the Town Code. In the event that a building permit expires as set forth in § 144-8(I), the applicant shall remit an additional fee in an amount equal to 50% of the fee paid in connection with the original application to renew the building permit. In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded. IlL 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: April 12, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON April 28~ 2011, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times TC's Bulletin Board Web site Town Board Members Accounting Dept. Town Attorney Building Dept RESOLUTION 2011-331 ADOPTED DOC ID: 6822 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-331 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 12, 2011: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled~ "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ in connect with Building Permit Renewal Fees"~ to the Southold Town Planning Board and the Suffolk County Planning Commission for comments and recommendations. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Cour/cilman · ~ SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell RESOLUTION 2011-328 ADOPTED DOC ID: 6819 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-328 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 12, 2011: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of April, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees." RESOLVED that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the l0th day of May, 2011 at 7:37 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 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the building permit renewal fee associated with the Town's Fire Prevention and Building Code Administration (Chapter 144) and has determined that charging the same fee for the original building permit and a renewal of a building permit is not in the best interest of the Town. As such, the Town Board is decreasing the fee for the renewal ora building permit to 50% of the fee paid for the original building permit. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: §144-8. Building permit required; application for permit. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of Resolution 2011-328 Board Meeting of April 12,2011 the permit for an additional six months. Thereafter, a new renewal permit shall be required. § 144-11. Building permit fees. Upon filing of an application for a building permit, fees shall be paid in accordance with § 144-8 of the Town Code. In the event that a building permit expires as set forth in §144-80), the applicant shall remit an additional fee in an amount equal to 50% of the fee paid in connection with the original application to renew the building permit. In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded. 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: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 4/12/2011 3:28 PM by Lynda Rudder Page 2 Page I of 1 Cooper, Linda From: Candice Schott [cschott@timesreview.com] Sent: Friday, April 15, 2011 10:59 AM To: Cooper, Linda Subject: RE: Bldg Permit Fees 5-10-11 Hello again! I have received this one as well and we are good to go for the 28th. Thanks! © Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] ~ent: Thursday, April 14, 2011 3:29 PM To: tr-legals Subject: Bldg Permit Fees 5-10-:[1 Hello again, I have another one, Please confirm receipt of this Legal notice of Public Hearing for the April 28, 2011 edition of the Suffolk Times, Thanks again. Icoop 4/15/2011