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HomeMy WebLinkAboutLL-1978 #03 LOCAL LAW NO. - 1977 A Local Law pursuant to Article 8 of the New York Environmental Conservation Law providing for environmenLal qualiLy review of actions which may ha~e a significant effecL on ~he environment. ]BE IT ENACTED by the Town Board of the Town of Southold as follows: The Code of the Town of Sou~hold is hereby amended by adding a new .Chapter thereto to be Chapter 44, to read as follows: Section 44-1 - Title This Chapter shall be known and may be cited as the "Environmental Quality Review Law of the Tovrn of Southold." §44-2 - Definitions (a) "Rules" mean Part 617 of Title 6 ~f the Codes, Rules and Regulations of the SLate of l~ew York; adopted by the Co~nnfis'si0h~r Environmental Conservation. (b)~ !'Toivn" means ~he To~n-of Southold. (c) "Town Agency". means any department, board, csmmission, officer or employee· of the Town of Southold. (d) Except as otherwise provided in this section, or unles's ~he context o~herwise requires, the words and phrases used in this Chapter shall, for the purposes of this Chapter, hame the meanings respectively ascribed to · them by Article 8 of the Envirorm~enta] Conservation Law and Part 617 of Title 6 of the Codes. Rules and Regulations of the SLate of l~ew York (NYCRB). ~44-3 - Compliance No decisidn to carry out or approve an action, other than an ao~ion'listed in Section 44-~ (b) hereof or Section 617.12 of the Rules as Type II Action, shall be made by a Town Agency until there has been fnll compliance wi~h all requirements of this Chapter and the l~ules, provided, howe%~er, that noLhing herein shall be construed as prohibiting: (a) the conducting of contemporaneous environmental~ engineerLng, economic fessibility or other studies and preliminary ·planning and budgetary processes necessary to the forrnulation of a proposal f0~ actiQn which do not commit the Town [o approve, commence or engage in s~{ch actionj or lb) the granting of any part of an application which relates only to technical specifications and req}~irements, provided [ha.t no such partial approval shall entitle or permit the applicant to commence ihe action until all requirements of this Chapter and the Rules have been fulfilled. ~44-4 - Types of Actions (a) Consistent with the Rules and the criteria therein, the actions listed in Section 617.12 of the Rules as Type I acti'ons, are likely to have a significant effect on the:environment. (b) Consistent with the Rules and the criteria therein, the actions listed in Section 617.12' o~ the Rules as Type II actions, are deemed not to have a significant effect on the environmer{t. 544-5 - Sta[eme2t of Environmental Significance For t~he purpose of assisting in the determination of whether an ac[ion may or will not have a significant effect on the environment, applicants for permits or other approvals shall file a written statement with the 'Town Agency having jurisdiction sc[ting forth the name of the applicant, the location of the real property affected, if any; a description of the nature of [he proposed action; and [he effect it may have o~f the environment. In add[Lion, the applicant may include a detailed statement of the reasons why; in applicant's view, a proposed action may or will no[have a significant effect on ~he environment. If ~h~ action involves an at'pi[catiOn, the stalement shall be filed simultaneously with [he application for the action. The statement reqh. ired herein shall be upon a form prescribed by the To~,-n and shall contain such additional relevant information as may be required. Such statement shall be accompanied by dra~vings, sketches and maps, if mny~ together ~'ith any other relevant explanatory materi~l required by the Town Agency. 2 §44-6 - Notice of Completion of Statement Upon receipt of a complete application and a statement, the Town Agency shall cause a notice thereof to be posted on the Town Clerk's signboard and may also cause such notice to be published in the official Town newspaper describing the nature of the. proposed.action a~d'stating that writte~ views thereon of any person shall be received by the Town Agency no later than a date specified in such notice. ~44-7' - Determination of Environmental Significance (a) The Town Agency shall render a written determination on such app]ication within 15 days following receipt 0f'a complete application and statement, provided, however, that such period may be extended by mutual agreemenL of the applicant and the Toven Agency. The determination shall slate whether such proposed action may or will not have a significant effect on the environment. The Town. Agency may hold informal meetings with the applicant and may meet with and consult any other person ~or the purpose of aiding it in making a determination on the application. (b) The time limitations provided herein sh~ll be coordinated with, to the extent practicable, or regulation of the Town. other time limitations provided by law, rule §44-8 - Procedure After Determination (a) If the Town Agency determines that the proposed action will not have a significant .effect on the e~{vironment, the Town Agency shall prepar% file and circulate such determination as .required bY Section 617.7(b) of the Rules and thereafter the proposed action may be pro.cessed without further regard to this Chapter. (b) If the Town Agency determines that the proposed action may have a signifieant effect on the envirop~nent, it shall prepare, file and circulate such determination as required by Section 617.7(b) of the Rules and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this Chapter and the Rules. §44-9 -Preparstion of Draft Environmental Impact Staternent Following a determination that a proposed ~ction may have a significant effect on the environment, the Town Agency shall, in accordance with the p~ovisions of the Rules: (a) In the case of an action involving an applicant, immediately notify the applicant of the determination and request the applicant to prepare a draft environmental impact statement. (b) In the case of an action not involving an applicant, prepare or cause to be prepared a. draft environrnental.impsct statement. ' (c) If the applida~t decides not to submit a draft environ- mental impact statementj the Town Agency shall prepare or cause such statement to be prepared, or in its discretion, notify ~he applicant that by reason of applicant's decision not to submit such staternent, that his application is deemed to be withdrawn and no further action will be taken thereon. The Town Agency may require applicant to submit a fee to defray the expense of the preparation and/or review of such statement. §44-10 - Notice of Completion of Draft Environmental Impact Statement (a) upon completion of a draft environmental irnpsct statement · prepared by or at ~he request of the Town Agencyj a Notice of Completion containing the information specified in Section 617.7(d) of the Rules shall be prepared, fi]ed and circulsted ss provided in Section 617.7(e) and (f) of the Rules. In addition', such notice shall be published in the official Town newspaper and a copy thereof posted or~ the Town Clerk's signboard~ Copies of the draft environmental impact statement and the Notice of Completion shall be filed, sent and made available as required by Section 617.7(e) and (f) of the Rules. (b) In the event tlc_at the Town Agency determines that a public bearing _shall be held on a draft environmental impact statement, notice thereof shall be filed, circulated and sent in ~he same manner ss the Notice of Completion and shall be published in the official Town newspaper at least Ten days prior to such public hearing. Such notice shall also state the place where substantive written comments on the draft environmental impact statement may be sent and the date before which suc~ comments shallbe received. The hearing shall commence no tess than 15 calendar days, nor more than 60 calendar days of the filing of the draft environmental impact statement, unless the ~own Agency determines that additional time is necessary for the public or other agency review of. the draft environmental impact staternel{t or where a differenl'hearing date is required as appropriate under other applicable law. §44-11 - Determination on Draft Environmental Impact Statement If on the basis of a draft environmental irnpac~ statement or a public hearing thereon the Town Agency determines that an action ~rill not have a significant effect on the envirormuent, the proposed action may .be.pro- cessed without further regard to this Chapter. §44-12 : Preparation of Final-Environmental Impact Stat'~rnent The Town Agency shall prepare or cause to be prepared, or direct the applicant to prepare the final environmental impact statement. Such final enviroriz~ental ifnpact statement shall be prepared within 45 days afte.r the close of any hearing or within 60 days after the filing of the draft environ- mental impact statement] whichever last occurs. Notwithstanding the foregoipg, . the Town Agency may extend such ti~ne when necessary to adequately complete the statenzent, or where pz?ob]ems identified with the proposed action require material reconsideration or modification. §44-13 - Notice of Completion of Final Envirorn-aental Impsgt Statement A Notice of Completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in Section 44-10 hereof and shall be sent to all persons to whom the Notice of Completion of the draft environmental impact statement was sent. Copies of the final environn~_ental impact statement shall be filed and made available for review in the same manner as the draft environmental impact statement. action which may have a significant effecL on the enviror~nent, [44-14 - Determination on Final Environmental Impact Statement No decision to carry out or approve an action which has been the subject of a final enviromnental impact statement by a Town ~gency or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. ~rhere ~he Tovm Agency has been the lead agency for an action, it shall make a decision whether or hot to approve· the action within 30 days of the filing of the final environmental impact statemen{. . , §44-15 - Preparation of Findings -- When the Town Agepcy decides to carry out or approve an it shall make the follov¢ing findings in a written determination: (s) consistent with social~ economic and o/her essential 'considerations of state policy, to the maximum exten/ practicable, from among the reasonable alternatives thereto, the action to be carried out or ~pproved is one which minimizes or avoids adverse envirormaen/al effects, including /he effects disclosed in the relevant environmental impact state- raents, and (b) all practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects° §44-16 -' Filing Findings For public information purposes, a copy of the determination shall be filed and made available as provided by the Rules. §44-17 - Public Inspection of Files The Tovm shall maintain files open for public inspection of all Notices of Con~pletion, draft and final environmental impact statements and written determinations prepared or caused to be prepared ~y'a Town Agency. action, fo]lowed. §44-18 - Actions Involving More Than One Agency Where more than one agency or department is involved in an the procedures of Sections 617.4 snd 617.8 of the Rules shall be §44-19 - Actions Exempt Actions undertaken or approved prior to the dates specified in Article 8 of the Environmental ~onservation Law for 16cal agencies'shall be exempt from this local !aw and the provisions of Article 8 of the Environ~r~ental Conservation Law and the Rules, provided, however, that if after7 such dates a Toxvn Agency modifies ~n action undertaken or approued prior to that date and such agency determines that the modificat'ion may have a significant adverse effect on the environment, such modification shall be an acLion subject Lo this local law and Part 617 of Title 6 N.~-.C.R.R. ~44-20 ~ Fees %Vhe~e an action subject to this Chapter involves an applicant° · a fee shall be paid to the Town to defray the costs of preparing and reviewing environmental impact statements. Such fee should be in the amount of the actual costs to the Town as determined by the Town Agency having jurisdiction, provided, however, that such fees shall not exceed on'-half of one percent of the action's total cost to the applicagt. This local law shall take effect immediately. 7 MARLO M. CUOMO Secretary of State STATE OF NEW YORK DE:PARTMENT OF STATE: 162 WASHINGTON AVENUE ALBANY, NEW YORK 12231 May 23~ 1978 Robert W. Tasker, Esq. T6wn of Southold 425 Main Street Green~ort, Li, NY 11944 Dear Sir / Madam: Please of 1978 of the was~e received and filed Wa ara enclosing usa when filing local laws. be advised that Lo.cal Law(s) No. Town of Southold on May 15, 1978 additional forms for your future Very truly yours ~!ARI0 Y-. CIIOI~O Secretary of State J Chief Clerk State Records & Law B,areau cc: State Comptroller Division of Municipal Affairs O~'PART'~,,I£NT OF AUDIT AND- CONTROL Ro~er~ W. TasEer, Esq. ~ of Southold b~.5 M~ia Street Greenpo~, Y~o=g Islam,, Ne~ York Da~r I hereby acknowledge receipt as of ~? 15~ ~978 of certified copy of Local Law No. of 1978 for the ~own of ~1~ which, copy is being filed in this office~ Ve~ truly yours, Associate Attorney cc: Secreta~ of Sta~e ii'lease Use dfis Form for Filing your 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. of Southold . . Vi}l~g;e Local Law No ..................... .3. .................................. of the year 19 ..7..8. ..... pursuant to Article 8 of the New York Environmental Conservation Law A local law ......................................................................................................................... ........................................................ (In,sm tiff*) providing for environmental quality review of actions which may have a significant effect on the environment. Town Board - . .......... of the Be it enacted by the ......................................................................................................................... xi~it-~x of Southold ...................... as £ollows: Town The Code of the Town of Southold is hereby amended by adding a new Chapter therete to be Chapter-44, to read as follows: Section 44-1 - Title Environmental This Chapter shall be known and may be cited as the" ' Quality Review Law of the Town of Southold". §44-2 - Definitions (a) "Rules' mean Part 617 of Title 6 of the Codes, Rules and Regulations of the State of New York, adopted by the Commissioner of Environmental Conservation. (b) ."Town" means the Town of Southold. (c) "Town Agency" means any department, board, commission, officer or employee of the Town of Southold. (d) Except as otherwise provided in this section, or unless the context otherwise requires, the words and phrases used in this Chapter shall, for the pur- poses of this Chapter, have the meariings respectively ascribed to them by Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of the Codes, Rules and Regulations of the State of New York (NYCRR). ~.'~(1£ add,tmnM space is needed, please attac~ sneers or the same Pa ge i §44-3 - Compliance action listed in Section 44-4 (b) he~eof or Section 617,12 of the Rules as Type,ii Action, shall be made by a Town Agency until there has been full compliance with all requirements of this Chapter and the Rules; provided, however, that nothing herein shall be construed as prohibiting: (a) the conducting of contemporaneons enviromental, engineering, economic feasibility or other studies and p~eliminary planning and budgetary processes necessary to the fdrmulation of a proposal for ~ction which do not commit the Town to approve, commence or engage in such action, or (b) the granting of any part of an application which relates only to technical specifications and requirements, provided that no such partial approval shall entitle or permit the applicant to commence the action until all requirements of this Chapter and the Rules have been fulfilled. ~44-4 - Types of Actions (a) Consistent with the Rules and the criteria therein, the actions listed in Section 617.12 of the Rules as Type I actions, are l~ely to have a significant effect on the environment. (b) Consistent with the Rules and the criteria therein, the actions listed in Section 617.12 of the Rules as Type II actions, are deemed not to have a significant effect on the environment. ~44-5 - Statement of Environmental Significance' For the purpose of assisting in the determination of whether an action may or will not have a significant effect on the environment, applicants for permits or other approvals shall file a written statement ~th the Town Agency having jurisdiction setting forth the name of the applicant, the location of the real property affected, if any; a description of the nature of the proposed action; and the effect it may have on the environment. In addition, the applicant may include a detailed statement of the reasons why, in applicant's v~ew, a proposed action may or ~itt not have a significant effect on the environment. If the action involves an application, the statement shall be filed simultaneously with the application for the action. The statement required herein shall be upon a form prescribed by the Town and shall contain such a(iditiona! relevant i~iformation as may be reoui?ed. Sucll statement sb_a!i be accompanied by drawings, sketches and maps, if any, together wi[In any o~ner i relevant explanatory material required by the Town Agency. 544-6 - Notice of Complction of Statement. Upon receipt of a complete application and a statement, the Town Agency shall cause a notice ~hereof ~o be posted on the To~ clerk's signboard and may also cause such notice to be published in the official Town newspaper describing the nature of the.proposed action and sta~ing that written views thereon of any person shall be received by ~he Town Agency no later than a date specified in such no,ice. 544-7 - Determination of Environmental Significance (a) The Town Agency shall render a written determination on such application within 15 nays following receipt of a complete application and s~atement, provided, however, that such period may be extended by mutual agreement of the applicant and the Town Agency. The determination shalt state whether such proposed action may or Mll not have a significant effect on the environment. The To~ Agency may hold informal meetings with the applicant and may meet with and consult any other person for the purpose of aiding it in making a determination' on the application. (b) The time limitations provided herein shalt be coordinated with, to the extent practicable, other time limitations provided by law, rule or regulation of the Town. ~44-8 - Procedure After Determination (a) If the'Town Agency determines that the proposed action will not have a significant effect on ~he environment, the Town Agency shall prepare, file and circulate such determination as required by Section 617.7(b) of the Rules and thereafter the proposed action may be processed without further regard to this Chapter. (b) If the Town Agency determines that the proposed action may have a significant effect on the environment, it shall prepare, file and circulate such determination as required by Section 617.7lb) of the Rutes and thereafter the proposed action shall be reviewed and pyoeessed in §44-9 - t~reparation of Draft Environmental tmpact S~aternent Following ~ determination that a proposed action may have a significant effect on the environment, the Town, Agency shall, in accordance with the provisions of the Rules: (a) In the case of an action involving an applicant, immediately notify the applicant of the determination and request the applicant to prepare a draft environmental impac.t statement. (bt In the case of an act.ion not involving an applicant, prepare or cause to be prepared a draft environmental impact statement. (c) If the applicant, decides not to submit ~a draft environ- mental impact statement~ the Town Agency shall prepare or cause such statamen~ to be prepared~ or in its discretion, notify the applicant ~hat by reason of applicant's decision not to submit such statement, tha~ his application is deemed to be withdrawn and no further action will be taken thereon. The Town Agency may require applicant to submit afee to defray the expense of the preparation and/or review of such s~atement. §44-10 - No~ice of Completion of Draft ~nvironmental Impact Statement (a) Upon completion of a draft environmental impact statement prepared by or at the request of the Town A~ency~ a Notice of Completion containing the information specified in Section 817.7(d) of the Rules shall be prepared, filed and circulated as pr'ovided in Section 817.7(e) and (f) of the Rules. In addition, such. notice shall be published in the official Town newspaper and a copy thereof posted on the To~v-n Clerk's signboard. Copies of the draft environmental impact s~a~ement and the Notice of Comple~ion shall be filed, sen~ and made available as required by Section 817.7(e) and (f) of the Rules. (b) In the event ~hat the Town Agency determines that a public hearing shall be held on a draft environmental impact statement, notice thereof shall be filed, circulated and sent in the same manner as the Notice 6f ~o~p~=~lon~ ~ ~-'~' and $~iai~ ~ be p~_o~,~$~:e~,~' ~: ~ -~ in the o~fic~a~ ..... Town ne%vspaper at !esst Ten days prior to such public hearing~ Such notice shall also s~ate the place where substantive written comments on the draft environmental impact statement may be sent and the date before which such comments shall be received. The hearing shall commence no less than 15 calendar days. nor more than 80 calendar days of the filing of the draft environmental impact statement, unless the Town Agency determines that additional time is necessary for the public or other agency review of the draft environmental impact statement or where a different hearing date is required as appropriate under other applicable law. §44-11 - Determination on Draft Environmental Impact Statement If on the basis of a draft environmental impact statement or a public hearing thereon the Town Agency determines that an action will not have a significant effect on the environment, the proposed action may be pro- cessed without further regard to this Chapter. §44-12 - Preparation of Final Environmental Impact Statemen~ The Town Agency shall prepare or cause to-be prepared, or direct the applicant to prepare the final environmental impact statement. Such final environmental impact statement shall be prepared within 45 days after the close of any hearing or within 60 days after the filing of the draft environ- mental in3pact statement, whichever last occurs. Notwithstanding the foregoing, the Town Agency may ex~end such time when necessary to adequately complete the statement, or where problems identified with the proposed action require material reconsideration or modification. 544-13 - Notice of Completion of Final Environmental Impact Statement A Notice of Completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in Section 44-10 hereof and shall be sent to all persons to whom the Notice of Completion of the draft environmental impact statement was sent. Copies of the final environmental impact statement shall be filed and made available for review in the same manner §44-14 - Determination on Final ~,nwronmenta] Impact Statement No decision to carry out or approve an action which has been the subject of a final environmental impact stat. ement by a Town Agency or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. Where the To~n Agency has been the lead agency for an action, it shall make a decision whether or not to approve the action within 30 days of the filing of the final environmental impact statement. §44-15 - Preparation of Findings YVhen the To~vn Agency decides to carry out or approve an action which may have a significant effect on the environment~ it shall make the following findings in a written determination: (a) consistent with social, economic and other essential considerations of state policy, to the maximum extent practicable, from among the reasonable alternatives theretoj the action to be carried out or approved is one which minimizes or avoids adverse environmental effects~- including the effects disclosed in the relevant environmental impact sts~e- ments~ and (b) all practicable means w~ll be taken in carrying out or approving the action to minimize or avoid adverse environmental effects° §44-16 - Filing Findings For public information purposes, a copy of the determination shall be filed and made available as provided by the Rules. § 44-17 - Public Inspection of Files The Town shall maintain files open for public inspection of all Notices of Completion, draft and final environmental impact statements and written determinations prepared or caused to be prepared by a Town Agency. T , _: .... -n One Age~cy ~44-18 - Actions invo!vll~g ?viore ±hah Where more than one agency or department is involved in an action, the procedures of Sections 617.4 and 617.8 of [he Rules shall be followed. §44-19 - Actions ]Exempt Actions undertaken or approved prior to the dates specified in Article 8 of the Environmental Conservation Law for local agencfes shall be exempt from this local law and the p. rovisions of Article 8 of the Environmental Conservation Law and the Rules, provided, however, that if sfter such dates a Town Agency modifies an action undertaken or approved prior to that date and such agency determines that the modification may have a significant adverse effect on the environment~ such modification shall be an action subject to this local law and Part 617 of Title 6 §44-20 - l~ees Where an action subject to this Chapter involves an applicant, a fee shall be paid to the Town to defray the costs of preparing and reviewing environmental impact statements. Such fee should be in the amount of the- actual costs to the Town as determined by the Town Agency having jurisdiction, provided, however~ that such fees shall not exceed one-half of one percent of the action's total cost to the applicant. §44-21 This local law shall take effect immediately. ,b 'filing of this local law and strike out tb,'~ (Final adoptina b~ hwal legislative bod.~ onl'y./ I hereby certify tbnt the local law annexed h~,reto, designated aslc, cal law No ........ ..3. ........ of 19...7.~.. of the >Ot~zx of. $outhold was du!v trussed by the Town Board Town ..................................... ' ' " ................................................................................. (Nan,o of Legislative Body) on ....... .M....a. 55..9.. .......................... 19...7.~.] in accordance with the applicable provisions of law. 2. (Passage bv local legislative body with approval or no disapproval by Elective Chief Executive Officer or repassage after disapproval.) I hereby certify that the local law annexed hereto, designatedas local law No ..................... of 19 ........ County City . of the Towu of ...... : ............................... was duly passed by the (Narac of Legislative Body). Village not disapproved on .................................................. 19 ........ and was approved by the ...................................................... repassed after disapproval z~,~ti,,~ Chief E×ecutlve Officer" and was decme,l dilly adopted on ........................................................ 19 ........ , in accordance with the applicable provisions of !aw. 3. (Final adoption hy referendum.} I herebycertifythat the local law annexed hereto, designatedaslocal law No ................... of 19 .......... Cotinty of the City of ...................................... as duly passed by the (Narn~ of Legislative Body) Village not disapproved on ................................................... 19 ........ and was approved by the ............................................................... repassed after disapproval Elective Chief ~xecutive Offi~e~ * on ..................................................................... 1.9. ........ Such local law was submitted to the people by reason of a mandatoD, 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 appH- annual ' cable provisions of law. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 .......... County City of thc Town of ...................................... was duly passed by the ................................................................................ on (Name of Legislative Body) Village not disapproved ...................................................... 19 ........ and was approved by the ......................................................... on repassed after disapproval l';tective Chief Executive Offic,'r ~r ............................................................. t9 ......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum haviag been filed, said local law was deemed duly adopted on .................................................................... 19 ....... , in accordance with the applicable provisions of law. *Elective Chief Executive Officer me;nm or includes the chief executive officer of a county elected on a county-wide basis or, ff there be none, the chairman of the county legislative body, the n-Layor of a city or village or the supervisor of a to:an, where such officer is vested with power m approve or veto Iocal law~ or ~rdinmn~. (Cit? !.a,:aI hm co.qc;~:!i%- ('.hat!er n..ision proposed hy petition.) lh~r,'bv~-,:~. ',~, th Io iv, ~ xedhemto, des:tgnatec~as!ocai ~ ~ ........ .............................. h,l~ng { i t8 ..>ee~ submitted ~elerend'am pursuant to i~e of tim City d' ............................ of~ 3736 o: .... ...... utm. l,,,l Il .:e [/ule Law, and ~.aving received the affirmative vote of a majority provisions special of the qualified electozs of such city voting thereon at the general election held on .................................. ................ 19 ............ became operative. 6. (Coanty local law concerning adoption of Charter.'t I hereby certify that the local law annexed hereto, designated as Local Law No ....... of 19 ...... 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. (I£ any other anthori~.ed form of final adoption has been followed, please provide an appropriate certification.} ~ I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph .............. ..1. ........... above. Clerk of the County legislative body, City,t~oown o'r Village Clerk or office~ designated by local legislative body Jui:tith T. Terry, Southold Town Clerk Date: May 10;.. 1978 (Seal) Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, village Attorney or other authorized Attorney of locality.) STATE OF NEW Y0}/K COUNTY OF ......S..UFFO..I<.K. ................ I, the undersigned, hereby certify that the [oregolng 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. Signature ........... Tg.w.n. .A.t.t. qr..n.e. 7 .................. Title Date: May 10, 1978 ~ of .................. .......................... Towa Page 3 ENVIROkqV~NTAL QU~Y REVIEW ACT - LOCAL LAW~. MAY 19, 1977 A public hearing was held by the Town Board of the Tow~ of Southold at the Tow~ Hall, Main Road, Southold, New York on May 19, 1977. Present were: Supervisor Albert M. Martocchia Councilman James H. Rich, Jr. Justice Louis Demarest Justice Martin Surer Town Clerk Judith T. Terry Town Attorney Robert Tasker Corwin Grathwohl, Businessmen's Association Steve Katz, L.I. Traveler-Watchm~n Supervisor Martocchia called the hearing to order at 8:05 p.m. Councilman Rich read the Legal Notice of Hearing and presented proof of publication in the L. I. Traveler-Watchman and the Suffolk Times. He presented proof that it was posted on the Town Clerk's Bulletin Board at the Town Clerk's Office, Main Road, Southold. Supervisor: You have heard Councilman Rich read the legal notice of the local law, that it has been advertised in our local official newspaper, the Suffolk Times, and the alternate paper, the Traveler of Southold and that it has been posted on the Town Clerk's Bulletin Board. Anyone that wishes to be heard on this subject matter, the time is now. Hearing none, has everyone had the opportunity to speak that wishes to speak? At this time we will close the hearing and the board will make a determination in the near future. Respectfully submitted, Murie--i Brus~, Secretary '~ :~z P~JBLIC HEARING ~: : ONLOCALLAW . ~ NOTICE is. hereby given ~hat ~:' there has been presented to ~he Town Board :of Che Town or · ~old J.oo;]l. I~tw prov~de¢ ror . ~, ac~ou sbll ~ made ~dl [tllll I'l~l)~L'l. [J~l) oclJon~ .~.hJ(h .~ J,'o[Jil(~ J'or pubhc Jll~pi%'rlOll nj [aw... L ~v~lable atthe o~fice~ ~e :,~Cterk ' fo~ i~p~[lon :by.-and .!;~ib~on .to'.any ~te~ted ~t the ~ B~rd of [he Town ~WN COUNTY OF SUFFOLk, STATE OF NEW YORK, .... .s.t.~.~..t.. g.... ~.~ .............. ~ing d~ Sworn, ~EKLY TIMES, a newsier pubHsh~ ~ Gr~n~rt, in said county; and ~at the nofi~, of which ~e ~e~ is ~ print~ ~py, ~s ~en published in t'he ~d Suf~lk Week~ T~es on~ in each wee~ suc~siv~ly commencing on ~e ~i~th Ha 77 day of ................... ON id~CALLAW NOTIC.~is hereby given that ttiefi~;has 6een: Presented to~'the {Town: Board of, the Town of South61d 0d the 2nd day of lOffTi:a Local ,Law entitled Local Law pm'suant to ,M'tiele 8 of the,New J'o_rk:Pnvironmental Conse~ation~P.a~ providing for act ohs whtel~, may have a L~sigr~icaut. eff,_eet on the ,on- I ,vi~onmenl." :~ · .~Said Local,~provide~: for :of .~et:i0n~ ~ti'~y have ~ 'significant fhe ~n- ' ..~deciai'on -made until of en- o[ ~)' )d~ ~ thereon, pFe'paratiou. ~=' fLliug, -¢'kreulat.i,dn,-~ouee' b~ and~al .env~on~ntM ~pact ~.~.~atements; prey des tot' the d'.~p~p~ati~ ~d fi~ng of ' ~. r~peet to aeneas ~:hieh g4ffh~'e ~a' the ~bjeet ,el. ~pm~Sd~,fod public ,M~ee~pp COUNTY OF SUFFOLR, ] STAT~ OF N'EW YORK, ~ ss: Stuart C. Doz'man sa~rs that h~' ......................... ~ing duly Sworn, ....... is Printer and Publisher of ~e ~UFFOLK ~LY TIMES, a new~per Pab~sh~ ~ Gr~n~rt, in smd County; and ~at the noti~, of which ~e ~PY, ~s been published in the ~d Suf~Ik Wee~ once ~ each w~ ~ one ............................ sue~ssively ~mmencing on ~e . ~% ...... to t i, .... ..... ..... ....... I NANCy 1L DO'ASS ~d im~es fees :lpc.'~e C~ N=. ~-6~;~ :~arat on ~:0c .renew of ~=n E~ ~ ~ 1~ ,~e nv, i f ofim'e n t a l.~ impad~ st~men~ reqm~d by saM.l~al L. C6pi~~ ~ such' l~al aw{~ ~vaU~le at the office of the Town ' for &.,dis~bmion 1o auy._(fit~r~ted ~ kaerson during busines~ _hours. ~? .~IOTICE I$ FLI~T H~R; f.q VEN ~?t~iit ~e Town B~d of the. To~ {,~[:~Soptho d ~d Q ~- a ~ pdbhc ~n ~e I~tb day ~ ~nd' pla~ aU m~t~.~ns ~'~'~ be h~rd ' ~':~NOTICE., OF PIJBL1CHEA'RING r ON .LOCAL LA.W theT~ has be~n presem~d-{o the~ Tot~n B~trd of the T. own of $outhold on the 2nd da~ of May lOg- a l_ocal',[.ax~ -entitled "A £ocdl Law g~uaut-pa Ardcl¢ $ot the New-~e~3~. Efi~qronmental ,. Conservan&n .La'~,.provldmg {'or · environmental o~fiafity rex~ew of ~ acne~..~hich r~a3.-have a signif- ICant e ffetq: on_~ire~emtironment". Smd I_ot~al '].aw pro~'ides for · .prmqde~ that no dea:ts~o[a(zo carry ~ out or ap[yrove au a&i-On ~h-411 be ~ma.:le until {here ha~'beel~ full :c'complianee with said local la~: ~!provides for the ["ding o1' a "nificance of any proposed aetiom and.the making of deter'minat ,thereon p~ov!des for ~h~ prepa:ra- tion: t:ilinp, circulation No ce of Completion and hearings on draft and final environmental impact). .gateme~ ts: provides for the prep- oration aud filine of fiudirlgs ~v~th respect to a~'fions ~hich have been the subiect of environmental public Inspection o1' files: and ~mO,~aes I'ees for the preparan~on ~,impaet statements required by. Col~ie~ 'of such local law ate avaiinbIe at dm office of tile Towr/ Clerk for inspec'ffo~ by and distri- butinn to an3: .h-~tere~ted persgn .durir~g busines~ hours. NOTICE IS FURTHER GIVEN i that the Tmvn Board of th'e Town Cot Som'hod w I hold a public at the ~,authold To',~ n Hall, ~faiu $treeL $ou£hold, on the 19th day.of l~ 7.30 o etock P.M. at wh ch time ~and.place all. interested persons ~atcd: May 2. 1977 ~" ,[:. ' . . -JUDITHT. TERRY ;'; , 'TOWN CLERK : COUNTY OF SUFFOLK ' l ss: STATE OF NEW YORK j Shedey KarT, being duly sworn, §oys that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County;' and that the notic~ of which the annexed is a printed copy, nas been aublished in said Long Island Traveler-Watch- man once each week for ............ /. .......................... weeks successi~,ely, commencing on the ..... .~. .................... i .......... do~ of ...~. .... '::':/l-' ...................... , 19 ...... Sworn to before me this .....uz~... .......... L_.. day or ....... ............... N ~ ubhe ETHEL PALLADINO NOTAP-.Y PUBLIC, 5tare of New Yod( Nc. 52-4628953 Qua]ified i~ SuffoJk County · Commission E.xpire~ March 30, 1978 "~fi~ 1 ON LOCAL LA NOTICE is hereby Wen ~hat ~.there has been ~seOted to ~e Sou{hold ~ the 2nd day of. May Loam Law pursua~ to ~[de 8 of the Ne~ YorR Euvkonmen~ Conse~.ation Law 'provi~g for :eu~ronmeut~ quali~' review of acuo~ which m~' have a ~i~- Said Loc~[ L~ pro,des for environmental qu~itY re~w of actions xs~ich ~v?av~ a si~if- icant effedt On' ~e e~y~on~ent; p~o~qde~x~ no dedgibn~ ~0 c~r~ o~ qr ap~e an a~on s~aR be made un~ ~ere ~as .been ~11 · Fo~phance F'i~ s~id local law; prbvi~s for ~e fling ~ a of ~oposed ac~n, and the making ~' determ~afions ~e~eon: proxqdesfor the prepara- tl.a~, t'fling, cir~lafiom Notre or' Completion and hea~gs oa &~ and final en...~men~ impa~ st~eme-ts: provides for ~e p~ep- ~-afio~ and t~ing of finings been the ~tbject of env~onmemal ~et ~tements: provides [~ ~_ ~blic.iuspec~n of files; ~d ~ mpos~ fees hw xhe preparation~ ~ and/or re~ e~v of en~onm~';. ~::: Copies ~ ~c~ t~al law ~ . .a~aiiabl~ at t~ o~ee of the Town ~?~ 'Clerk fo~ insp~ti6n by and distil-' fha he To~xn Board at' ~ ('~of SouthoM ~411 hold a~p~li} }?:hearing on ~ aforeg~d l~a[ law on the 19~ day 9[ M~. ~ and place ag intere~ed ~rsons , ~ Dated: May 2; [977 .. COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK j Sher[ey Kotz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed gt 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 successively, commer, cing on the ....k~. ................................ / Sworn to before me this ...... ~ .............. day or ...... ............ Notary Public ~?HEL PALLADi NOTARy PUBLIC · NO M~rch 30, 1978