HomeMy WebLinkAboutLL-1976 #02A Local Law to amend Chapter 97 of the Code
of the To~rn of $outhold in relation to the regulation
of Freshwater Wetlands m the Town of $outhold.
Be it enacted by the To~rn Board of the Town of Southold as follows:
I. Section 97-13 of Article I of Chapter 97 of the Code of the Town of Southold
is hereby amended as follows:
The definition of "Wetlands" as contained in Section 97-13
of said Code is hereby amended by adding thereto a new para-
graph go read as follows:
Freshwater wetlands as defined in Article 24. Title I,
Section 24-0107, Subdivisions l(a) to l(d) inclusive~ of the
Enviror~rnental Conservation Law of the State of Neb, York.
II. This local lay,' shall take effect immediately.
MARLO M. CUOMO
Secre[ar¥ of State
STATE OF NEW YORK
DEPARTMENT OF STATE
162 WASHINGTQN AVENUE
ALBANY. NEW YORK 12231
August 31, 1976
Robert W. Tasker, Esq.
Town Attorney
Town of Southold
425 Main Street
Greenport, New York 11944
Dear Sir / Madam:
Please be advised that Local Law(s) No.
of 1976 of the Town of Southold
was/were received and filed on August 30~ 1976
2&3
We enclose herewith additional forms for the filing of
local laws for your future use.
Very truly yours,
Stat ecords and Law Bureau
cc: State Comptroller
Division of Municipal Affairs
G120-(~36
DEPARTMENT OF AUDIT AND CONTROL
September ~0, 1976
Robert W. Tasker, Esq.
Town Attorney
Town of Southold
425 Main Street
Greenport, New York 119~4
Dear Sir:
I hereby acknowledge receipt as of
of certified cody of Local Law Mo.
of 1976
which cooy is
August 30, 1976
2&3
for the Town of Southold
being filed in this office.
~ Ve~.v~_t~.lv yours ,x~~.
Associate Attorney
KPP: gj
~lease Use this Form for Filing your Local Law with the Secretary of S~to)
Text of law should be given as amended. Do not use brackets for matter to be eliminated 'and do not
use italics for new matter.
~ita- Southold
Town
Local Law No ......................... ..2. ......................... of the yeur 19 _..7...6. ....
(L~er~ ~i~le}
the regulation of Freshwater Wetlands in the Town of Southotd.
Be it enacted by the ................................... .£.?.~..,,m-,q~..~Lu- ...................................................................
the
C/'Bx Southold
of .......................................................................................................................................................... as follows:
Town
I. Section 97-13 of Article I of Chapter 97 of the Code of the Town of Southold
is hereby amended as follows: '~
The definition of "Wetlands" as contained in Section 97-13
of said Code is hereby amended by adding thereto a new para-
graph to read as follows:
Freshwater wetlands as defined in Article 24, Title I,
Section 24-0107, Subdivisions l(a) to l(d) inclusive, of the
]Environmental Conservation Law of the State of New York
Il. This local law shall take effect immediately.
~(if addit;onM space is needed please attach shee~s of t~e s~-me size as zhis mid number
(Complete the certi[icahon in the paragraph which applies to the filing of this local taw and strik~ out the
matter therein which is not applicable.)
(Final adoption by local iegisia;ive body only.)
1. I hereby certify that the local law annexed hereto, designated aslocal law No .... ..2. ............ of 19....7..6..
of the ~'*~¥ of.....S...o.~.t...h..o_.l...d. ............... was duly passed by . .t...h..e. Town t3oard
Town ...........................................
~ (N .... f Legislative Body)
on ........ ..A...u..g.u..p..t...2..6.: ............... 19.:.7...6.. in accordance with the applicable provisions of law.
(Passage by local legislative bodv with approval or no disapproval by Elective Chief Executive Officer
or repassage after disapproval,)
2. I hereby certify that the local law annexed hereto, designatedas local law No .................... of 19 ........
County
City
of the Town of ...................................... was duly passed by ............................................................................................
Village (~ .... f Legislative Body)
not disapproved
on .................................................. 19 ........ and was approved by the .......................................................
repassed after disapproval Elective Chief Executive Officer
and was deemed duly adopted on ........................................................ 19 ........ , in accordance with the applicable
provisions of law.
(Final adoption by referendum.)
3. I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 ..........
County
of the City of ...................................... was duly passed by the ......................................................................................
Town (Name of Legislative Body)
Village
not disapproved
on ................................................... 19 ........ and was approved by the ...............................................................
repassed after disapproval Elective Chief ~xecutlve Officer
on ..................................................................... 19. ........ 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
general
thereon at the special election held on ...................................................... 19 ......... in accordance with the appli-
annual
cable provisions of law.
(Subject to permissive referendum and final adoption because no valid petition filed requesting
referendum.)
4. I hereby certify that the local law annexed hereto, designated as local law No ................... of 19. .........
County
City -
of the Town c.f ...................................... was duly passed by the ................................................................................ on
(Name of Legislative Body)
Village not disapproved
...................................................... 19 ........ and was approved by the ......................................................... on
repassed after disapproval Elective Chief Executive Officer
.............................................................. 19 ......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
...................................................................... 19 ........ , in accordance with the applicable provisions of taw.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected
on a county°wide basis or if there bc none the chairman of the board of supervisors, the mayor of a
eft,- or village or the supervisor of a town, where such officer is vested with power to approve or
veto local laws or ordinances.
(City local lab concerning Charter revision proposed by petition.)
5. t hereb-cerdfy that thc local law annexed hereto, designaredasiocal law No ..................... of 19 ........
of the City of .......................................................................... having been submitted to referendum pursuant to the
provisions of ~ ~76 of the Municipal Home Rule Law and having received the affirmative vote ora majority
special
of the qualified electors o£ such city voting thereon at the general election held on ..................................
................ 19 ............ became operative.
(County local law concerning adoption of Charter.)
6. I hereby certify that the local law annexed hereto, designated as Local Law No ....... of 197 ....of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November ........... 19 .......... , pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal 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 of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
I further certify that I have compared the preceding local law with the original_ on file .in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph ........ .o...n..e.. ............ above.
~erk of the Board of Superol o · C' Y· '~fl~r ' ge Clerk or O{/icer
designated by Local Legisla~ve Body
Judith T. Terry, Town Clerk
Date: August 26, 1976
(SeMi
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, ¥ilIage Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF .....S..U....F...F....Q..L....K.. ........................
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
(Title of officer) Robert W. Tasker, TownAttorney
of ................... .........................
Town
Dated: August 26, 1976
LOCAL LAW #2 FRESHWATER WETLANDS PUBLIC HEARING
The public hearing was opened at 8:05 p.m. Present were:
Supervisor Albert M. Martocchia
Councilman James H. Rich, Jr.
Councilman James F. Homart
Justice Martin Surer
Town Clerk Judith T. Terry
Town Attorney Robert Tasker, Esq.
Supervisor: I would like to open the hearing for the proposed
Local Law to amend one of our present ordinanoes. Councilman
Homan will read the legal notice.
PLEASE TA~E NOTICE that a proposed Local Law entitled "A
Local Law to amend Chapter 97 of the Code of the Town of Southold
in relation to the regulation of Freshwater Wetlands in the Town
of Southold" was introduced at a meeting of the Town Board of the
Town of Southold held on the 18th day of August, 1976. Said local
Law amends Section 97-13 of Chapter 97 of the Code of the Town
of Southold (Wetlands Ordinance of the Town of Southold) to include
"Freshwater Wetlands" as defined by Section 24-0107 of the
Environmental Conservation Law of the State of New York, within
the definition of wetlands as presently contaLued in said ordinance.
Copies of said proposed Local Law are available £or inspection
and distribution at the Town Clerk's Office to any interested
person during business hours.
PLEASE TAKE FURTHER NOTICE that a public hearing with respect
to said Local Law will be held at the Supervisor's Office, 16
South Street, Greenport, New York on the 26th day of August,
1976 at 8:00 o'clock p.m., at which time and place all interested
persons will be given an opportunity to be heard.
Dated:
August 18, 1976
BY ORDER OF THE SOUTHOLD TOWN
BOARD
JUDITH T. TERRY, TOWN CLERK
Councilman Homart: I have proof of publication in the Suffolk
Weekly Times. I have proof of publication in the Long Island
Traveler. I have an affidavit that this was posted on the Town
Clerk's Bulletin Board.
Supervisor: You have heard the notice read, proof of publication
in the official paper and the alternate paper, the posting on the
Town Clerk's Bulletin Board. At this time, is there anyone that
would like to speak on behalf of this proposed amendment.
John Wickham, Planning Board, Town of Southold: About a month
ago, the Planning Board wrote to the New York State DEC Marine
District at Stony Brook and suggested that the Town of Southold
should amend its wetlands ordinance to include freshwater wetlands
and we submitted at that time a copy of our Town of Southold
LOCAL LAW #2 -2- ~ugust 26, 1976
Wetlands Ordinance. The Plar~ning Board strongly favors this
amendment. I would like to say, however, that there are a couple
of points at which I think the Town might either make another
amendment or if counsel feels it could be done without, it could
be noted. The Planning Board has in its files letters from the
former commissioner of the Department of Encironmental Conserva-
tion, from the Governor of the State, the Honorable Hugh Carey,
both of whom state that the New York State Wetlands Act does not
apply to agriculture and specifically not to agricultural drainage
projects. I think, from what I can read in this handout, these
exceptions are not shown in what is quoted and in the amendment
as presented at this hearing and I think they should be. I
think, further, the code and I am sorry I left my code book in
the car, tunder exceptions excepts and I am talking now about the
Code of the Town of Southold, excepts from the permit requirements
dams, dikes, agricultural structures but does not include canals
and irrigation ponds and I strongly feel in this agricultural town
the exemptions for freshwater ordinance should parallel those,
they are different, they should parallel those of the saltwater
ordinance because I think the ordinary and necessary redredging
of irrigation ponds should not require a formal permit and yet as
I read the code book, this will require either an interpretation
or an additional amendment.
Supervisor: How do you interpret that, Bob? Do you have to get
a permit to redredge something?
Fir. Wickham: It's Section 97-12.
Mr. Tasker: The present wetlands code of the Town of Southold
has a section of exceptions. One of those exceptions is the
ordinary and usual operations relative to agriculture, aquaculture
or horticulture. If dredging of a pond is required for the
irrigation of a farm and it is an ordinary operation, it would
be excepted. Ail that we are doing is amending our wetlands
law to include in the definitions of what wetlands are, fresh
water wetlands as well as tidal wetlands. That would mean that
there would be an exception for agricultural, horticultural and
aquacultural uses.
Mr. Wickham: It still does not except drainage and, frankly,
this came about because some of us do do agricultural drainage
and my own operation is drained and, specifically, we have these
letters from both the former commissioner and the governor to
the Plar~ning Board that specifically excepts agricultural drainage,
even though it is not redreding. I bring this before the hearing
because I want to make very sure that we do all we can to clarify
this at this time.
Mr. Tasker: In addition to the ordinary agricultural, aquacultural
and horticultural, the following things are also excepted. The
ordinary and usual maintenance or repair of a presently existing
building, dock, pier, whart, bulkhead, jetty, groin, dike, dam
or other water control device or structure. It is excepted from
the present wetlands ordinance.
LOCAL LAW #2 -3- o~st 26, 1976
Mr. Wickham: These are existing.
Mr. Ta~ker: Yes.
Mr. Wickham: But, the state also says 'new agricultural drainage
projects'
Mr. Tasker: We don't. There are a couple of oases, perhaps, where
a farm is different from anybody else, might have to apply for a
permit. That's all it amounts to. You can't have everything.
Mr. Wic~am: That's right but another point.
Justice Suter: It will be local, not in Albany.
M~. Wickham: There is one other point where the state says .....
Mr. Tasker:
resolution.
Ours is all inclusive. We only have adopted a
It's all freshwater wetlands.
Mr. Wickham: May I make one other comment? The State DEC has
pending legislation where they say that every farm in the state
must have before, I think it's 1978, a farm plan prepared by the
Soil & Water Conservation District. This, the last I knew, this
legislation had not been signed by the Governor, but the DEC
again is prepared to sat at the State level that, if a farm has
a freshwater wetlands project that is approved and planned by the
Soil Conservation Service, that will not require a hearing. Again,
I bring these to the attention of the hearing feeling that there
there may be times when these matters will become important.
Supervisor: Is there anyone else?
Jean Tiedke, League of Women Voters, Riverhead and Southold:
Five years ago, if you recall, when the salt water wetlands
went in, we suggested then that freshwater should be included
and we are delighted that it is finally being done. We do hope
that all fresh water is included. What about the vernal ponds?
Are they also included under all freshwater wetlands?
Mr. Tasker: The present state freshwater wetlands law defines
wetlands. There is no exception that I can see. We have
excluded that portion of the state law for the purposes of our
definition as to size. It would mean that our law will cover
every single freshwater wetlands regardless of its location,
size or type.
Mrs. Tiedke: Very good.
Mr. Tasker: Ours covers more than theirs does.
Mrs. Tiedke: Then, we heartily endorse it.
Supervisor: Anyone else? Anyone else wish to speak in favor
of this amendment? In Opposition? Does anyone wish to speak in
opposition? Does anyone wish to make comments in either direction?
LOCAL LAW #2 -4- A ~st 26, 1976
Mrs. Tiedke: I would like to make one other comment. I don't
know whether this would cover something like a natural drainage
pits or whether that's covered under some other regulation
somewhere else so that they don't get filled in by a developer
because we need these natural drainage channels to carry off
excessive storm water.
Justice Suter: The Planning Board has been taking care of
that for several years. We make each subdivision take care of
its own water.
Supervisor: Is there anyone else? Hearing none, I will close
the hearing and the Board will make a decision vet7 soon on this
one.
Respectfully submi$%ed,
Muriel ~Bru~J~, Secretary
NOTICE
PLEASE TAKE NOTICE that a
proposed Local Law entitled "A
Local Law to amend Chapter 97 of
the Code ot the Towfi of Soulhold
in relation.to the~ regalsgion of
Freshwater Wetlands in the Town
of $outhold" was iotroduce.~ at a
meeting of the Town Board of the
Town of Southold held on the lgth
da3 of August. 1976. Said Local
Law amends Section 97-13 of
Chapter 97 of the Code of the
Town of Southold (Wetlands Or-
dinance of the Town of Southold)
to include '~Freshwater Wet-
lands" as defined by Section
24-0107 of the Environmental
Conservation Law of the State of
New York. within the definition of
wetlands as presently contained
in said ordinance.
Copies of said proposed Local
Law are available for inspection
and distribution at the Town
Clerk's Office to any interested
person during business hours.
PLEASE TAKE FURTHER
NOTICE that a public hearing
with respect to said Local Law will
be held at the Supervisor's Office.
16 South Street. Greenport, New
York on the 26th day of August,
1976 at 8:00 o'clock P.M., at
which time and place all inter-
ested persons will be given an
opportunity to be heard.
Dated: August 18. 1976
BY ORDER OF
THE SOUTHOLD
TOWN BOARD
JUDITH T. TERRY.
TOWN CLERK
COUNTY OF SUFFOLK [ ss:
STATE OF NEVV YORK J
Sherley Katz, being duly sworn, says that she is an
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for .......... ~ ........................... weeks
succossively, commencing on the ......................................
day of ..~~..~.. .................. , 19../.'~
Sworn to before me this ..... .~..-..?. .......... auy Or
NOTAIt¥ PUBL[C, State of New york
Na. 52-4628v53
COUNTY OF SUFFOLK, |
STATE OF NEW YORK, ~ ss:
........ ! .t.u_a.F.t' .(~:..I]..o?r0.a.~. .......... being duly Sworn,
s~rys that ....... .he is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county; and thnt the notic~, of which the annexed is u printed
copy, has been published in the su/d Suffolk Weekhr Times
once in each week, ~or ........................... weeks
successively commencing on the .. ;~.iB.e.~e.e.cll:]~. ..........
'~- u.E~..~+ ~"-.,. 76
Sworn to before me this ....~2.~. ....
day of ......~..~.~..~.~2~. 19 ~.~.
......... .... .....
NOTICE
PLEASE TAKE NOTICE that
a proposed l.~csl Law entitled "A
Local Law to amend Chapter 97
of the Code of the Town of
Southold in relation to the
regulation of Freshwater
Wetlands iu the Town o!
Southold" was introduced at a
meeting of the Town Board of the
Town of Soulhold held on the 18th
day of August, 1~76. Said Local
Law amends Section 97-13 of
Chapter 97 of the Code of the
Town of Southold (Wetlands
Ordinance of the Town of
Southold) to include "Freshwater
Wetlands" as defined by Section
24-0107 of the Environmental
Conservation Law of the State of
New York, within the definition of
with reapect to said Local Law
will be held at the Supervisor's
Office, 18 South Street, Green-
pert, New York on the 26th day of
August, 1978 at 8:00 o'clock P.M.,
.at which t/me and place all in-
wetlands as presently contained tm~sind persons wi. Il be given an
in s~i.d ordina?ce. '~' · :..~ ~ .~.~uaity to be heard.
.Coptse of smd propes~ ~ Dated: AuguSt 18, 1976
l.,aw are available for ins~' ~ ' ' BY ORDER-OF THE
and dislribution at the Town TOWN BOARD
Clerk's Office to any interested "JUDITHT. TEP,.HY,
person during business hours. TOWN CLERK
PLEASE TAKE FURTHER 1TA19.2450
NOTICE that a public hearing