HomeMy WebLinkAboutLL-1984 #06LOCAL LAW NO. 6 , 1984
A Local /aw in relation to authorizing the issuance
of Wetland Permits by the Board of Trustees
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets]).
Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby
amended as follows:
I. Section 97-13 [Definitions) is amended by adding thereto the following:
TRUSTEES - The Board of Trustees of the Town of Southold.
BOARD - Unless otherwise indicated shall mean the Board of Trustees of
the Town of Southold.
CLERK - Unless otherwise indicated shall mean the Clerk of the Board of
Trustees.
II. Section 97-20 (Permits Required) is amended to read as follows:
III.
IV.
Vo
Notwithstanding any prior course of conduct or permission granted, no
person shall conduct operations on any wetlands in the Town of Southold
unless he shall first obtain a written permit therefor issued by authority
of the [Town Board] Trustees as hereinafter provided, and only while
such permit remains in e]~ect.
The first paragraph of Section 97-21 (Application) is amended to read as
follows:
A permit may be issued upon the written, verified application of the
person proposing to perform operations on wetlands. The application
shall be submitted to the [Town] Clerk in quadruplicate. Such
application shall contain the following information:
Section 97-22 (Waiver of Certain Requirements) is amended to read as
follows:
The [Town Board] Trustees, upon request of the applicant for a permit,
may waive, in whol~'-~'~--~-~n part, the provisions of Article II, Section
97-21 D and G, where it finds that the nature of the proposed
operations is such that the requirements of such provisions are not
necessary for a proper consideration of a permit application.
Subdivision A and B of Section 97-23 (Fees) are amended to read as
follows:
Every application for a permit filed with the [Town] Clerk shall be
accompanied by a filing fee of fifty dollars ($50.), no portion
of which shall be refundable.
In addition to the filing fee, the [Town Board] Trustees, upon the
adoption of a resolution authorizing the issuance of a permit, shall
determine the amount of the inspection fees to be paid by the
applicant to the [Town] Clerk upon the issuance of a permit, in
accordance with Section 97-25C hereof.
VI.
Subdivisions A, B and C of Section 97-2~I (Processing of Applications)
are amended to read as follows:
Investigation. Upon receipt of the application, the (Town] Clerk
shall forward one (1) copy thereof to the Conservation Advisory
Council and one (1] copy to the [Town] Trustees [and one (1)
copy to ~Town Board]. The Conservation Advisory Council [and
the Town Trustees] shall [each] review said application and the
effect, if any, on the wetlands and tidal waters of the town that
may result from the proposed operations, and shall, within twenty
[20) days of receipt of the same, forward its written report of
findings and recommendations with respect to such application to
the [Town Board] Trustees. If the Conservation Advisory Council
[or the Town Trustees-~T--~all recommend that such application be
disapproved, the reasons for such disapproval shall be set forth in
such report.
B. Hearing. Upon receipt by the [Town Board] Trustees of the
report[s] of the Conservation Advisory Council--[-~-~-'d'-~e Town
Trustees], [the Town Board] the Trustees shall hold a public
hearing on such application upon not less than ten (10) days'
notice, to be published in one (1) or more newspapers having a
general circulation in the town.
C. Action. Within thirty (30) days after the public hearing on such
applicatioo, the ]Town Board] Trustees shall either adopt a
resolution directing the issuance or a permit or adopt a resolution
denying the application therefor. A resolution directing the
issuance of a permit may be adopted only if the [Town Board]
Trustees find[s] that the proposed operations will conform to the
standards set forth in Section 97-28 hereof. If the [Town Board]
Trustees adopt[s] a resolution denying an application for a permit,
~ns for such denial shall be set forth in such resolution.
In the event that the [Town Board] Trustees shall fail to act on
such application within the time prescr~ein' such application
shall be deemed to have been approved and the [Town] Clerk shall
issue a permit authorizing the operations applied for.
first paragraph of Section 97-25 (Issuance of Permit; conditions;
inspection fees] is hereby amended to read as follows:
The [Town Board] Trustees may, upon the adoption of a resolution
directing the issuance of a permit:
Section 97-26 (Liability insurance) is hereby amended to read as
follows:
VII. The
VIII.
The applicant for a permit hereunder shall, before the issuance of said
permit by the [Town] Clerk, file with the [Town] Clerk a certificate
that the applicant has public liability insurance policies insuring against
any liability which may arise in the performance of the operations
pursuant to such permit in such amount as shall be fixed by the [Town
Board] Trustees, which said policies shall name the town as a named
insured.
IX.
The first unlettered paragraph and subdivisions C and E of Section
97-27 (Contents of permit] are amended to read as follows:
Each permit issued hereunder by the [Town] Clerk pursuant a
[Town Board] resolution of the Trustees shall state the following: to
C. The conditions imposed by the [Town Board] Trustees on the
issuance of the permit.
A statement that "The validity of this permit is or may be subject
to the approval of other governmental or municipal authorities. The
town accepts no responsibility in applying for or obtaining such
approval. In the event that such approval is necessary, the holder
of this permit shall not commence operations hereunder until such
approval has been obtained in writing. The failure to obtain such
other approval when required shall subject this permit to immediate
revocation by the [Town] Clerk upon receipt by the [Town] Clerk
of written notice from such other governmental or municipal
authorities of its refusal or disapproval." Acceptance of the permit
is acceptance of this condition.
The first paragraph of Section 97-28 (Standards) is amended to read as
follows:
The [Town Board] Trustees may adopt a resolution directing the
issuance of a permit to perform operations applied for only if it
determines that such operations will not substantially:
XI. Section 97-29 (Transferability) is amended to read as follows:
A permit issued pursuant hereto shall not be transferred or assigned
without the prior approval of the [Town Board[ Trustees.
Xll. Subdivision B of Section 97-31 (Notice of violation) is amended to read
as follows: ,
Such notice shall be in writing, shall specify the violation and
shall state the conditions which must be complied with and the time
within which compliance must be completed before operations may
be resumed. Such notice shall also inform the person to whom it is
directed of his right to apply for a hearing before the [Town
Board] Trustees, as hereinafter provided.
Xlll. Section 97-32 (Hearing on violation) is amended to read as follows:
Any person affected by a notice of violation issued pursuant to the
preceding section hereof may request and shall be granted a
hearing before the [Town Board] Trustees, provided that such
person shall file a written request tl:~'~i~'~--with the [Town[ Clerk
within ten (10) days after service of the notice of violation. Such
request shall have annexed thereto a copy of the notice of
violation upon which a hearing is requested and shall set forth the
reasons why such notice of violation should be modified or
rescinded.
The [Town] Clerk shall present such request to the [Town Board]
Trustees at its next regular meeting. The [Town Board] Trustees
s~ a time and place for such hearing and shall give t-'~-e
person requesting the same at least five (5) days' notice of the
time and place thereof.
At such hearing, the person requesting the same, or his
representative, shall be given an opportunity to show cause why
such notice of violation should be modified or rescinded. After
such hearing, the [Town Board] Trustees may sustain, modify or
rescind such notice of violation, or revoke any permit previously
issued, and shall specify the reasons therefor.
The notice of violation for which a hearing is requested shall
continue in effect pending the hearing and determination of the
[Town Board] Trustees,
-3-
XlV. Subdivision A of Section 97-33 (Penalties for offenses) is repealed and
the following is substituted in its place.
A. For each offense acjainst any of the provisions of this chapter or
any rec~ulations made pursuant thereto, or failure to comply wit.h a
written notice or order of any Bulldin~l Inspector within the time
fixed for compliance therewith, the owner, occupant, builder,
architect, contractor or thei.'r acjents or any other person who
commits, takes part or assists in the commission of any such
offense or who shall .fail. to comply with a written order or notice'
of an~. BuildinC. I Insp. ector, shall, upon a first conviction thereof,'
be c. lul ty of a violation punishable .by a .fine of not exceedinc, I fi;v'e
hundred .dollars or imprisonment for a period' not to exceed fiftee,.
(15) days, or both.. Each day on which such violation shall occur,
shall constitute a separate, additional offenset For a second and
subsequent convicti.o.n wi{[~i'n eighteen months therreafter, such
person shall be cjudty of a vioTation 'ipunishable by a fine n(~t~'
exceedincj 'one thousand five hundred dollars, or imprisonment for'
a period not to exceed fifteen (15) days, or both such fine and
imprisonment.
XV. Subdivision B of Section 97-33 {Penalties for offenses) is amended to
read as follows:
XVI.
In addition to the above-provided penalties, the [Town Board]
Trustees may also ,if authorized by ~he Town Board, maintain an
action or',proceeding in the name of the town in a court of
competent jurisdiction to compel compliance with or to restrain by
injunction the violation of this chapter.
This Local Law shall take effect upon its filing with the Secretary of
State, except that the provisions of this chapter, as amended by this
Local Law, shall take effect on and after the first day of the second
month after the effective date of this Local Law, and shall be applicable
to all applications for wetland permits filed on and after such date.
All applications for wetland permits filed prior to the first day of the
second month after the effective date of this Local Law shall be
governed by the provisions of this chapter in effect immediately prior
to the effective date of this Local Law.
Date: July 6, !98~+
Dear Sir/Madam:
6
Please be advised that Local Law(s} No.
of 1984 of the '~QWICl of Scnltbo]d
was/were received and filed on
Additional forms for filing local laws with this office will be forwarded upon
request.
NYS Department of State
Bureau of State Records
383602-004 (12/82)
RECEIVED
JUL 1 0 1984
'Iown Clerk' $outhold
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do ,tot include matter being
eliminated and do not use italics or underlining to indicate new matter.
~'"'-' SoUthb!d
Towli ·
Local Law '
'No .............. ~. ......................................... of th~ y~ar 19 .P. it .....
of Trustees
_
;' Be it enacted blt the ...............o.~.Xl.J~itr.~[....; ............... ,._, ........................ 2 ........................... i..; ......... of th~
[oulhold ............... . .'.' ....................... i .................................. as follows:
(additions indicated by underline; deletions by {brackets] ).
Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby
amended as follows:
I. Section 97-1 3 (Definitions} is amended by adding thereto the following:
TRUSTEES - Th~ Board of Tru~toe, of th~ Town of Southold.
BOARD - Hnless otherwise indicated ~h~ll mean tho ~oard of Tru,teo~ of
the Town of Southold. "
CLfiRK - Unless otherwise indicated ~hall mean tho Clerk of the Board of
Trustees. '
!1. Section 97-20 (Permits Required) is amended to read as follows:
Notwithstanding any prior course of conduct Or permission granted, no
person shall conduct operations on any wetlands in the Town of-Southold
unless he shall first obtain a written permit therefor issued by authority
of ~he [Town Board] Trustees as hereinafter provided, and only while
such permit remains in effect.
!11. The first paragraph of Section 97-21 (Application) is amended to read as
follows:
A -permit may be issued upon the written, verified application of the
person proposing to perform operations on wetlands, The application
shall be submitted to the [Town] Clerk in quadruplicate. Such
.............. application shall contain the following information:
additional suace is needed! please
the same size as this and number
IV. Section 97-22 (Waiver of Certain Requirements)
follows:
Is amended to read as
The [Town Board] Trustees, upon request of the applicant 'for a permit,
may waive, in whole or in part, the provisions of Article II, Section
97-21 D and G, where it finds that the nature of the proposed
operations is such that the requirements of such provisions are not
necessary for a proper consideration of a permit application,
V. Subdivision A and B of Section 97-23 (Fees) are amended to read as
' follov~s:
A. Every application for a permit filed with the [Town] Clerk shall be -,'
~accompanied by a filing fee of ' fifty dollars ($50.), no portion ,i?..,,~,
. ' of which shall be ~efundable.
~,~,~.~. B. In addition to the filing fee, the [Town Board] Trustees, upon the
',, '~. :,.,.~ adoption of a resolution authorizing the issuance of a permit, shall
~iiii~"-':-~-'~.~ 'i ,' determine the amount .of the inspection fees to be paid by the
./.-~?~'~:?~';~'~, '.,'~-~ applicant to the [Town] Clerk 'upon the issuance of a,Permit,
VI. Subdivisions A,~ B and C of Section 97-24 (Processing of App!ications '. are amended to read as follows:
· ',' A. . Investigation. Upon receipt of the application, the [Town] clerk
shall forward one (1) copy thereof to the Conservation Advisory
Council and one (1) copy to the [Town] Trustees [and one (1)
,~:~ , copy to ~Town Board]. The. Conservation Advisory Council [and
......... '_~'" ~' the Town TrUsteesI shall '[each] review said application and the
effect, if any, on the wetlands and tidal waters of the town that
may result from the proposed operations, and shall, within
[20) days of receipt of the same, forward its written report of
findings and recommendations with respect to such application to
the [Town Board] Trustees. If the Conservation Advisory Council
[or the Town Trustees] shall recommend that such application be
disapproved, the reasons for such disapproval shall be set forth in:
such report. ' .:.',,' ;'~ "
'B. Hearing. Upon receipt by the [Town Board] Trustees 'of
report[s] of the Conservation Advisory Council [and the Town
Trustees], [the-Town Board] the Trustees shall hold a public
hearing on such application upon not less than ten (10) days'
notice, to be' published in one (1) or more newspapers having a
general circulation in the town.
C. Action. Within thirty (30) days after the public hearing on such
--?,~,application, the [Town Board] Trustees shall either adopt a
resolution directing the issuance of a permit or adopt a resolution
denying the application therefor. A resolution directing
issuance of a permit may be adopted only if .the [Town Board]
Trustees find[s] that the proposed operations will conform to the
standards set forth in Section 97-28 hereof. If the [Town Board]
Trustees adopt[s] a resolution denying an application for a
the reasons for such denial shall 'be set forth in such resolution.
In the event that the [Town Board] Trustees shall fail to act on
such application withi~ the time prescribed herein, such application
shall be deemed to have been approved and the [Town] Clerk shall
issue a permit authorizing the operations applied for.
Vll. The first paragraph of Section 97-25 [Issuance of Permit; conditions;
inspection fees) is hereby amended to read as follows:
The [Town Board] Trustees may, upon the adoption of a resolution
directing the issuance~f a permit:
VIII. Section 97-26 [Liability insurance) is hereby amended to read as
follows:
The applicant for a permit hereunder shall, before the issuance of said
permit by the [Town] Clerk,' 'file with the [Town] Clerk 'a certificate
that. the applicant has public liability insurance policies insuring against
any liability which may arise in the performance of the operations '-
pursuant to such permit in such amount as shall be fixed, by the [Town .- ~-
Board] Trustees, w.hlch said policies shall name the town as a named
insured. -% ~
" IX. The first unlettered paragraph and subdivisions C and E of Section
.~=~_~ ~:~.~ ...... . 97-27 .[Contents of permit) are amended to read as follows:
Each permit issued hereunder by the [Town] Clerk pursuant to a
"} ~'-. [Town Board] resolution of the Trustees shall state the following:
C. The conditions imposed by the [Town Board] Trustees on the
. ' ,.;.i,'!i' issuance of the permit.
-., E. A sta[ement that "The validity of this permit is or' may be subject
.~, to the approval of other governmental or municipal authorities. The
town accepts no responsibility in applying for or obtaining such
'-'-' - approval. In the event that such approval is necessary, the holder
of this permit shall not commence operations hereunder until such
-- approval has been obtained in writing. The failure to obtain such
-~'~'"*":'~': '~ .... other approval when required shall subject this permit to immedial
revocation by the [Town] C~erk upon receipt by the [Town] Clerk
of written notice from such other . governmental or municipal
· authorities of its refusal or Acceptance of the permit
is acceptance of this conditiondisappr°val'''
· X. The first paragraph of Section 97-28 [Standards) is amended to read follows: -
The [Town Board] Trustees may adopt a resolution directing the
issuance of a permit to perform operations applied for only if it
determines that such operations will not substantially:
XI. Section 97-29 [Transferability) is amended to read as follows:
A permit issued pursuant hereto shall no~ be transferred or assigned
- without the prior approval of the [Town Board] Trustees.
'::'::::~"?xi'i;~ Subdivision B of Section 97-31 [Notice 0i violation) is amended to read
as follows:
B. Such notice shall be in writing, shall specify the violation and
shall state the conditions which must be complied with and_ the time
within which compliance must be completed before operations may
be resumed. Such notice shall also inform the person to whom it is
directed o.f .his right to apply for a hearing before the [Town
Board l Trustees, as hereinafter provided.
Section 97-32 {Hearing on violation) is amended to read as follows:
A. Any person affected by a notice of violation issued pursuant to the
preceding section hereof may request and shall be 9ranted a
hearing before the [Town Board] Trustees, provided that suc'h
person shall file a written request t~eref~)r with the [Town] Clerk
within ten (10] days after service of the notice of violation. Such
request shall have annexed thereto a copy of the notice of
violation upon which a hearing is requested and shall set forth the
reasons why such notice of violation should be modified or
rescinded.
9. The [Town] Clerk shall present such request to the [Town Board]
Trustees at its next regular meeting. The [Town Board] Trustees
Shall' set a time and place for such hearing and shall give the
person requesting the same at least five (5) days' notice of the
time and place thereof.
C. At such hearing, the person requesting the same, or his
representative, shall be given an opportunity to show. cause why
such notice of violation should be modified or rescinded. After
such hearing, the [Town Board] Trustees may sustain, modify or
rescind such notice of violation, or revoke any permit previously
issued, and shall specify the reasons therefor.
............... D. The notice of violation for; which a hearing is requested shall
continue in effect.pend,~ng the hearing and determination of the
[Town Board] Trustees.
-.XIV, Subdivision A of Section 97-33 (Penalties for offenses) is repealed and
the following is substituted in its place. :;..~.~. ~.~ .....
~':~-"'~:?~ 'A. For each offense against any of the provisions of this chapter or
any -regulations' made pursuant..thereto, or faiJ.ure .to. comply with a
- written .notice or order'.of.any Buildin9 Inspector .within the time.
· fixed for compliance' therewith,, the. owner, occupant, builder,'
'.: L":': ' architect., .contractor.'or. their', agents or. any other person who
commits,, takes, pa'rt or.. assists, in- .the. commission .of.any..such
offense or who shall. '.fail..to..comply with a writt&n .order or. notice
-. of any Building Inspect(Jr,. shall,' .'upon .a f r~t conviction' thereof,
' be 9uilt¥ .of. a violation, punishable .by. a .fine of.not exceeding, five
hundred.dollars or imprisonment'.for a. per~od, not .to exceed'.fifteen
[15) days, br .both,. Each -day. on which such .violation. shall occur
~ ....... shah consti[ute_ a separate,, additional -bffAnse..For a .second and'
subsequent conviction_ .. withinl eighteen months, thereafter, such
person shall be ,guilty. of a violation, punishable by a fine not
exceedin~l one thousand five huhdred .dollars,. or imprisonment for
a period not to exceed fi(teen ~15) days, Or both such fine and
.imPrisonment,
XV. Subdivision B of Section 97-33 [Penalties for offenses) is amended to
read as follows:
B. In-addition to the .above-provided penalties, the [Town Board]
Trustees may also ,If authorized by the Town Board, maintain an
action or proceedii-i~l-' in the name of the town in a court of
competent jurisdiction to compel compliance with or to restrain by
injunction the violation of this chapter.
XVI. This Local Law shall take .effect upon its filing with the Secretary of
":~?"~:'~"~:'~ '~'.'~';'State, except that the provisions of this chapter, as amended by this
Local Law, 'shall take effect on and after the first day of the second
month after the effective date of. this Local Law, and shall 'be applicable
to ail applications for wetland permits filed on and after such date.
All applications for wetland permits filed prior to the first day. of the
second month after .ti~.e .effective date of this Local Law shall be
governed by the provisions of this chapter in effect immediately prior
to the effective date of this Local Law.
(Comph.te the certification in the paragraph which applies to the filing of thi. local law and strike out tl,~,
matter there, ia ~'hich is not uppticabh'~.)
1. (Final adoption by lin:al legislative, body only.)
I hereby certify that the local law annexed hereto, desig anted as local law No ...... ~ ........... ~r 19..B.l.
Cit~ , Soul'old Iown Board ..........................
of the Town o~ ...................................... was duly passed by the .........................................................
(Name of L~i~l~tive Body)
o ..... .UOe...5 ............................ 19.8~.. in accordance with the applicable provisions of law. '
"" 2[ (Passage hy local legislative body with approval or no disapproval'by Elective Chief Executive Officer
or repassage aEter disapproval.) . . .,
I hereby certify that the local law annexed hereto, desi~mtedas local law No ................... ~.of [9.....~k2
County ?~ .. . .. .
City -e " . ~;'
of the Town of ...................................... was duly passed b~ tn ...................................................... ] ................. :.:~'
(N~me of Le~isl~tlve Body) '."
.... ~.~::-'~." ~ 'Vtllage not disapproved ~..
on ................................................. 19 ........ and was approved by the ...................................................... ; ::-
repassed after disapproval gleetfve Chic[ Executive Officer ~-.' 7~'
- . ,~ ~--'~.~,:~ ~ .....
was deemed duly adopted on.~ ............................ ~ ......................... 19 ...... ;., in accordance with the applicable) ~''
provisions of law.
Final adoption by referendum.)
' I },ereby certlfy that [he local law annexed hereto, designated as local law No ...................
County
City of ¢~T..,~ of Lelli,~lati~e Body) -
'of the Town ............" ......................... was duly passed by the ................................................................. .'.......~..~]....,.
Village · · '
not &sapproved . ': . -.
on .............. : ......... 19 ........ and was approved by the ...................................................................
· .......................... a arte_ d. sa.~r~vaI Elective Chid ~xecutlw Of[ieee ~ '
2~'~'~;:; ........................ ' ............................... :19. ........ Such local la~ was submitted to the people by reason ~[~
· · referendum,and received the affirmative vote of a majority of the ~aIified electors
permissive
general
thereon at the special e!ectiog held on ...................................................... 19 ........ , in accordance with the app
cable provisions of law.
re[erendum.) -
I h~r~bV certify that the local law annexed h~reto, designated as local law ~o ........ : .......... or 19. .........
County
City
of the Town o~ ...................................... was duly passed by the ........................................... : ............ ~': ................ ;.....on
(Name oi Legislative Body) :
Village not disapproved . ~ _...-.
...................................................... 19 ........ and was approved by the .............................................. ~ .......
repassed after disapl)roval Ele,qive (:hi,'[ Exet-t,tiw ({[[iu,.t
.............................................................. D ......... Such local law being subject m a permiss~e'ref~rendam and no
valid petifiou rcqm,sting such referendum having been filed, said local law was deemed duly adopted on
............. ;. ....................................................... 19 ........ , in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or include~ the chid executive officer of · county elected on
or, ff there be none, the chairm&n of the county legj.dative body, thc mayor of a city or village or the supervisor of · town,
where such of£a:er i~ vested with power to ·pprove or veto loc. al lawn or ordinances.
(Cit) Ioc'-,l law com:er,..L: Charter r,'~i~mn proposed by petition.)
of the City of ......................................................................... [t.~[llg been submitted to refereudum pursuant to the
~36 ,.av.~g received the affirmative vote of a majority
provisions of 37 of tit~ ~,;unit:ip.l l l,.me ~ute Law.mid I
special
of the qualified electors of such city voting thereon at the gent. fsi election held on
................ 19 ............ ~came Operative.
I hereby certify that the local law annexed l~¢reto, designated as Leda[ Law No ....... of 19 ...... of the
County of ......................................... State of New York, having been submitted to the Electoa at th~'
'General Election of November ........... 19 .......... , pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule ~w, and having received the affirmative vote of a majority of the qualified electo~ of the' *?~?::
cities of said county as a unit a ~d oF a majority of the qualified electors of the towns of said county
'~:~/:~ (it any other authorized form of final adoption has been follow'd, 'please provida' an
~:~?L? ~ I further certify that I have compared ~he preceding local law with the 0rigi~al on file in this
that the same is a coxect transcript therefrom and of the whole of such original local law, and was
really adopted in the manner indicated in paragraph .......... J ................ aMve, "
June 6, 1984
of fha County
officer designated by Io¢~ l~slativ¢ body
Judith T. Terry, .Town. Clerk
L-~tk or
-.=>~= y...~ or other authorized Attorney of locality,)
(Certification to be executed by County Attorney, Corporahon Leu mci, Town Attorney, Village Attorne,
STATE OF NEW YORK ..........
COUNTY OF ........... 5.U. EEO. LK .................... - .: '::":~'~'~.'
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.. , "-'~: ;u~';?;?"ii~i"
$1inatut~
[}ate:
June 6, 1984
...... Page 3 -
... g.o~.qr.t, W... ,T.~.~ker.,..T.o,,,~.
TI
r.: ... .
.... ~ of Southold .............
Town ............................. "
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JUNE 5, 1984
3:00 P.M.
IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED "A LOCAL LAW IN
RELATION TO AUTHORIZING THE ISSUANCE OF WETLAND PERMITS BY THE
BOARD OF TRUSTEES."
Present:
Supervisor Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: This is a public hearing on a proposed Local Law
authorizing the Town Trustees to issue Wetland Permits. The notice will be
read by Councilman Stoutenburgh.
COUNCILMAN STOUTENBURGH: "Public Notice is hereby given that there has
been presented to the Town Board of the Town of Southold, Suffolk County, New
York, on the 8th day of May, 1984, a Local Law entitled, "A Local Law in relation
to authorizing the issuance of Wetland Permits by the Board of Trustees," which
reads as follows, to wit:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets]).
Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby
amended as follows:
Section 97-13 (Definitions) is amended by adding thereto the following:
TRUSTEES - The Board of Trustees of the Town of Southold,
BOARD - Unless otherwise indicated shall mean the Board of Trustees o1'
the Town of Southold. '
CLERK - Unless otherwise indicated shall mean the Clerk of the Board of
Trustees.
I1.
Section 97-20 (Permits Required) is amended to read as follows:
Notwithstanding any prior course of conduct or permission granted, no
person shall conduct operations on any wetlands in the Town of Southold
unless he shall first obtain a written permit therefor issued by authority
of the [Town Board] Trustees as hereinafter provided, and only while
such permit remains in e ec-'trf"~~.
Page 2 - Public Hearing
Loca! Law - Wetlands - ~l'rustees
III.
IV.
VI.
The first paragraph of Section 97-21 (Application) is amended to read as
follows:
A permit may be issued upon the written, verified application of the
person proposing to perform operations on wetlands. The application
shall be submitted to the [Town] Clerk in quadruplicate. Such
application shall contain the following information: ,~
Section 97-22 (Waiver of Certain Requirements) is amended to read as
follows:
The [Town Board] Trustees, upon request of the applicant for a permit,
may waive, in whoe o~-~'~--~- part, the provisions of Article II, Section
97-21 D and G, where it finds that the nature of the proposed
operations is such that the requirements of such provisions are not
necessary for a proper consideration of a permit application.
Subdivision A and B of Section 97-23 (Fees) are amended to read as
follows:
Every application for a permit filed with the [Town] Clerk shall be
accompanied by a filing fee of fifty dollars ($50.), no portion
of which shall be refundable.
In addition to the filing fee, the [Town Board] Trustees,. upon the
adoption of a resolution authorizing the issuance of a permit, shall
determine the amount of the inspection fees to be paid by the
applicant to the [Town] Clerk upon the issuance of a permit, in
accordance with Section 97-25C hereof.
Subdivisions A, B and C of Section 97-24 (Processing of Applications)
are amended to read as follows:
Investigation. Upon receipt of the application, the [Town] Clerk
shall forward one (1) copy thereof to the Conservation Advisory
Council and one (1) copy to the [Town] Trustees [and one (1)
copy to t-h-~-Town Board]. The Conservation Advisory Council [and
the Town Trustees] shall [each] review said application and the
effect, if any, on the wetlands and tidal waters of the town that
may result from the proposed operations, and shall, within twenty
[20) days of receipt of the same, forward its written report of
findings and recommendations with respect to such application to
the [Town Board] Trustees. If the Conservation Advisory Council
[or the Town Trustees--~-~]~all recommend that such application be
disapproved, the reasons for such disapproval shall be set forth in
such report.
Hearing. Upon receipt by the [Town Board] Trustees of the
report[s] of the Conservation Advisory Council~e Town
Trustees], [the Town Board] the Trustees shall hold a public
hearing on such application upon not less than ten (10) days'
notice, to be published in one (1) or more newspapers having a
general circulation in the town.
.Page 3 - Public Hearin~j
Local Law - Wetlands - Trustees
VII. The
VIII.
IX.
Action. Within thirty (30) days after the public hearing on such
applicatioo, the [Town Board] Trustees shall either adopt a
resolution directing the issuance of a permit or adopt a resolution
denying the application therefor. A resolution directing the
issuance of a permit may be adopted only if the [Town Board]
Trustees find[s] that the proposed operations will conform to the
standards set forth in Section 97-28 hereof. If the [Town Board]
Trustees adopt[s] a resolution denying an application for a permit,
the reasons for such denial shall be set forth in such resolution.
In the event that the [Town Board] Trustees shall fail to act on
such application within the time prescribed herein, such application
shall be deemed to have been approved and the [Town] Clerk shall
issue a permit authorizing the operations applied for.
first paragraph of Section 97-25 (Issuance of Permit; conditions;
inspection fees) is hereby amended to read as follows:
The [Town Board] Trustees may, upon the adoption of a resolution
directing the issuance of a permit:
Section 97-26 (Liability insurance) is hereby amended to read as
follows:
The applicant for a permit hereunder shall, before the issuance of said
permit by the [Town] Clerk, file with the [Town] Clerk a certificate
that the applicant has public liability insurance policies insuring against
any liability which may arise in the performance of the operations
pursuant to such permit in such amount as shall be fixed by the [Town
Board] Trusteesl which said policies shall name the town as a named
insured.
The first unlettered paragraph and subdivisions C and E of Section
97-27 (Contents of permit) are amended to read as follows:
Each permit issued hereunder by the [Town] Clerk pursuant to a
[Town Board] resolution of the Trustees shall state the following:
C. The conditions imposed by the [Town Board] Trustees on the
issuance of the permit.
A statement that "The validity of this permit is or may be subject
to the approval of other governmental or municipal authorities. The
town accepts no responsibility in applying for or obtaining such
approval. In the event that such approval is necessary, the holder
of this permit shall not commence operations hereunder until such
approval has been obtained in writing. The failure to obtain such
other approval when required shall subject this permit to immediate
revocation by the [Town] Clerk upon receipt by the [Town) Clerk
of written notice from such other governmental or municipal
authorities of its refusal or disapproval." Acceptance of the permit
is acceptance of this condition.
The first paragraph of Section 97-28 (Standards) is amended to read as
follows:
Page 4- Public Hearing
Local Law - Wetlands - Trustees
The [Town Board] Trustees may adopt a resolution directing the
issuance of a permit to perform operations applied ' for only if it
determines that such operations will not substantially:
XI. Section 97-29 (Transferability) is amended to read as follows:
A permit issued pursuant hereto shall not be transferred or assigned
without the prior approval of the [Town Board] Trustees.
XII. Subdivision B of Section 97-31 (Notice of violation) is amended to read
as follows:
B. Such notice shall be in writing, shall specify the violation and
shall state the conditions which must be complied with and the time
within which compliance must be completed before operations may
be resumed. Such notice shall also inform the person to whom it is
directed of his right to apply for a hearing before the [Town
Board] Trustees, as hereinafter provided.
XIII. Section 97-32 [Hearing on violation) is amended to read as follows:
Any person affected by a notice of violation issued pursuant to the
preceding section hereof may request and shall be granted a
hearing before the [Town Board] Trustees, provided that such
person shall file a written request t~--~'~-f~-with the [Town] Clerk
within ten (10) days after service of the notice of violation. Such
request shall have annexed thereto a copy of the notice of
violation upon which a hearing is requested and shall set forth the
reasons why such notice of violation should be modified or
rescinded.
Be
The [Town] Clerk shall present such request to the [Town Board]
Trustees at its next regular meeting. The [Town Board] Trustees
~ set a time and place for such hearing and shall give the
person requesting the same at least five (5) days' notice of the
time and place thereof.
At such hearing, the person requesting the same, or his
representative, shall be given an opportunity to show cause why
such notice of violation should be modified or rescinded. After
such hearing, the [Town Board] Trustees may sustain, modify or
rescind such notice of violation, or revo--~e any permit previously
issued, and shall specify the reasons therefor.
The notice of violation for which a hearing is requested shall
continue in effect pending the hearing and determination of the
[Town Board] Trustees,
.Page 5 - Public Hearing
Local Law - Wetlands - Trustees
XlV. Subdivision A of Section 97-33 (Penalties for offenses) is repealed and
the following is substituted in its place.
A. For each offense against any of the provisions of this chapter or
~ny recjulations made pursuant thereto, or failure to comply with L.'
written notice or order of any Buildinc. I Inspector within the tim~
~xed for compliance therewith, the owner, occupant, 'builder,,
~rchitect, contractor or their ac, lents or any other person who
commits, takes part or assists in the commisson of any such
offense or who s~al fail-.to comply with a written order or notice'
of any Bui|dinc, I Inspector, shall, upon a first conviction thereof,'
be guilty of a violation punishable .by. a fine of not exceedin~ five
hundred dollars or imprisonment for a period not .to exceed T.ftee..
{15) days, or both. Each day on which such violation shall .occur.,
Shall constitute, a separate, additional offense. For a secona an~J
subsequent conviction within eic, lhteen months thereafter, such
person shall be guilty of a violation punishable by a fine no'l.'
exceeding one thousand five hundred dollars, or imprisonment for
a period not to exceed fifteen (15) days, or both such fir~ and.
imprisonment.
xv. Subdivision B of Section 97-33 (Penalties for offenses) is amended to
read as follows:
B. In addition to the above-provided penalties, the [Town Board]
Trustees may also ,if authorized by the Town Board, maintain an
action or'-proceeding in the name of the town m a court of
competent jurisdiction to compel compliance with or to restrain by
injunction the violation of this chapter.
XVI. This Local Law shall take effect upon its filing with the Secretary of
State, except that the provisions of this chapter, as amended by this
Local Law, shall take effect on and after the first day of the second
month after the effective date of this Local Law, and shall be applicable
to all applications for wetland permits filed on and after such date.
All applications for wetland permits filed prior to the first day of the
second month after the effective date of this Local Law shall be
governed by the provisions of this chapter in effect immediately prior
to the effective date of this Local Law.
This has been published in the Long Island Traveler-W~tchman, The Euffolk
Times and posted on the Town Clerk's Bulletin Board.
SUPERVISOR MURPHY: You've heard the official reading. Is there anyone
here would like to speak on behalf of this proposed Local Law? Trustees like
to comment?
TRUSTEE PRESIDENT HENRY P. SMITH: The only comment we would have
right now is just to try to clear up some of these grey areas. My only other
concern was if we could have this incorporated with the Trustee permit and
Wetlands Permit to alleviate some of the double applications.
.Page 6- Public Hearin~
Local Law - Wetlands - Trustees
SUPERVISOR MURPHY: Is that possible, Bob?
TOWN ATTORNEY TASKER: We'll have to look into it.
TRUSTEE SMITH: I was told that we'd have to talk to Bob Tasker on that
and work it out, but that was just one of our concerns.
COUNCILMAN SCHONDEBARE: Part of the Town Board and the Trustees met
and we kicked this around.
COUNCILMAN TOWNSEND: Henry, why don't you just run through the grey
areas so that people who are interested might--those specific areas you're
interested in.
TRUSTEE SMITH: Well, the specific areas w~e're interested in is determination
of wetlands. Now, the Trustees make a determination that a certain particular
area is a wetland area and then the Building Department goes down and says,
"No, it is not a wetland area." And somebody is right and somebody is wrong.
We both can't be right and we both can't be wrong. We've got two different
interepretations of it. That's my main concern. I don't think we'll have any
problem taking over the wetlands from the Town Board.
COUNCILMAN TOWNSEND: Is the designation of wetlands incorporated in
this--I mean the description of wetlands--incorporated in this thing. I don't
think it is. Is It?
TOWN ATTORNEY TASKER: No, all you're going---
COUNCILMAN SCHONDEBARE: No, we're iust transferring authority.
TOWN CLERK TERRY: It's not changing the basic ordinance.
TRUSTEE SMITH: You're not changing anything now.
SUPERVISOR MURPHY: That's a different thing, changing the ordinance.
TRUSTEE SMITH: And it was suggested by the Town Board at that work
session that night that we get together with Bob Tasker and so we will have
to do that.
SUPERVISOR MURPHY: Okay, thank you, Henry. We appreciate the comments.
Anyone else like to comment in favor of this proposal? Sir?
MR. BERNIE DEMPSEY, President, Greenport-Southold Chamber of Commerce:
I have a letter from the Board of Directors from the Greenport-Southold Chamber
of Commerce addressed to Supervisor Murphy and Southold Town Board Members:
"Gentlemen: The Board of Directors of the Greenport-Southold Chamber of
Commerce is deeply concerned about the proposed "Local Law in relation to
authorizing the issuance of wetlands permits by the Board of Trustees". We have
grave reservations on how it will effect the residents of the Town of Southold in
general and raise the following questions: 1. Has a "Cost Analysis" been made
to ascertain whether it will result in increased administrative costs? What are
the projected legal costs and consultant fees costs? What is the dollar amount of
the foregoing projections? 2. Will the elimination of an additional government
formum, namely the Southold Town Board, to present your viewpoint to have a
serious detrimental effects on residents applications? 3. What will the potential
Page 7 - Public Hearin~
Local Law - Wetlands - Trustees
impact be on the orderly development of the Town of Southold? We hereby
request that the public hearing on this local law be recessed until such time as
complete answers can be given to the above questions. We make this request
not only in the best interests of the businessman of the Town of Southold, but
for all residents of the Town of Southold."
Primarily I'm concerned what official costs will result from hiring a consultant,
and from a letter that appeared in the local paper there's a request that some
provision be made for legal costs. Our primary concern is cost. Thank you.
SUPERVISOR MURPHY: Okay, is there anyone else would like to speak in favor?
TRUSTEE FRANK KUJAWSKI: I believe this is now in favor. It wasn't originally,
but after meeting with the Town Board members the other night some of my concerns
were alleviated. I still regret losing the additional level of, if you want to put it,
protection for the public, but I think we can make up for that by I think a little
more consistent view by the Board of Trustees and more input by the Conservation
Advisory Council and citizens. So I think we can make up for that. And I think
the assurances of the Town Board that legal and professional and environmental
help, when we determine that it is necessary for Type I actions, I think that
assures me that the Wetlands Ordinance will be handled properly. And, third, I
think Paul's idea about designating the creek bottoms as areas of special concern
are possibly the best way of all of immediately assuring that any actions done to
creek bottoms will automatically go into a high point category and be treated as a
serious application is good protection. So, I'm much more in favor of it than I was
originally.
SUPERVISOR MURPHY: Thank you, Frank. Anyone else like to speak in favor?
(No response.) Anyone like to speak in opposition? Mrs. Ruth Oliva.
MRS. RUTH OLIVA, President, North Fork Environmental Council: The Board
of Directors at their May monthly meeting voted to turn this proposal down for
the reason that they felt it was an added protection for the people of the Town
of Southold to go before two boards. A case, for instance, someone missed the
hearing of the Trustees, very often people would pick it up at the Town Board
level. Then again, perhaps at some time you might not have as good a Board
of Trustees as we now enjoy, and there could be perhaps more development
interests there and therefore if you had it going before the Town Board also
it's just one more area of a check system. And visa versa. Perhaps the Trustees--
the Town Board would be more development--but still and all it gives two different
Boards to go before and they felt it was a better protection and that's what they
wanted me to say. Thank you.
SUPERVISOR MURPHY: Thank you. Anyone else like to speak in opposition?
Jean?
MRS. JEAN TIEDKE~ Riverhead-Southold League of Women Voters: Not in
opposition, just to speak.
SUPERVISOR MURPHY: Anyone like to make any comments at all?
MRS. TIEDKE: As Paul and [~ob and Ray Dean will remember, maybe Some of
the rest of you weren't around all those many years ago when it was passed,
the League was very instrumental in getting the original Wetlands Ordinance
passed. We would hate to see anything happen [hat might even possibly water-
~Page 8- Public Hearinq
Local Law - Wetlands - Trustees
down the affects of that ordinance, which as Frank says, was the best we could
get at that time, and I do think that this is something that you should consider
reviewing that Wetlands Ordinance very carefully. The other thing is is that
the Conservation Advisory Council should have, in my opinion, a larger role than
they have had in the Town. Under State Law they are allowed to do quite a number
of things whict~ our CAC has never never attempted, and has never been encouraged
to do. At the time CAC's were started there were state funds available for mapping
and so and so on, and a ~ot of this was never done by our group. I would recommend
that as new appointees are required on the CAC, you try to get people with some
professional background in the areas which they,should be working in.
SI~PERVISOR MLIRPHY: Thank you, Jean. Anyone else like to make any comments?
COUNCILMAN SCHONDEBARE: I'd like to comment that the North Fork Environmenta~
Coundil and the Chamber of Commerce is on the same side.
MRS. OLIVA: Isn't that amazing?
COIJNClLMAN SCHONDEBAR£: We must have done something right.
SUPERVISOR MURPHY: Mr. Tuthill.
MR. LAWRENCE TUTHILL, Greenport: Just recently I had some application I was
somewhat concerned about in an area which our local school teacher who was a
Marine Biologist teacher said this area isn't wet~ands. The Trustees went down
and reviewed it and to a man they said, no, this is wetlands. Under the state-
ment of where the grass will grow~ and I think there should be some restrictions
on the use of where the wetlands--where these grasses will grow. If we want
to use the Tidal Wetlands maps, which a tremendous amount of money was spent
for, to use this in your designation of where the wetlands are, or you have another
choice or so of defining it by e~evation. At the present time of this where it
might grow, seeing that last determination of where it was, the salt grass could
probably grow out in front of this building here outside, and so I think if we
put some limitations it would help out an awful lot of where this grows. You
could say where six inches above high water in the Bays and one foot on the
Sound, which would correspond to what more or less is said in the regulations.
It's always misinterpreted, or where it might go. And it is very definitely
determined normally where it grows is by its being covered by your spring
tides and that is only about six inches above the high water mark, but it seems
to me it's being carried well on beyond the six inch mark. Right now as someone
was saying about the Trustees, many years ago it was more or ~ess a life-time
job. Today we're lucky if someone who's a Trustee lasts six months, and some
of them--I think some of the members, or almost all of them for many years ago
when we had Phil Wyler from Orient, and Emmons Dean from Greenport, and Alvah
Goldsmith from Southold, and Fred Dawson from the New Suffolk-Peconic area,
and John ~lcNulty from Mattituck. Each had their own area and controlled it
very well and each of them had a length of time of service so it would probably
equal more than the total Town Trustees that we have in office to date. Each
man had his own particular area and covered it well. And in line with that I'd
like to suggest that you have five members on the Board, we have one from
Mattituck, we have one from the Cutchogue area, we have one from Southold,
and we have one from Orient. And possibly to round out the Board, someone
from Greenport be chosen and then we'll be back in the system that we had many
years ago where when you were elected a Trustee it was more or less a life-time
job, rather than a stepping stone to join the Town Board, which it has been
~Page 9 - Public Hearin~
Local Law - Wetlands - Trustees
recently. I also would like to make note that there was some mapping done
of the Mattituck Creeks and that was done by the students of Mattituck and
for their knowledge of it I think it was very done, but professionally looking
at it it's rather childish, because it did not have enough of the information
that should have been on there. If we're going to spend the time and the money
to do mapping, there's a lot more information that should be on there. That's
all, thank you.
SUPERVISOR MURPHY: Thank you. Anyone else like to make any comments
at all? (No response.) If not, I'll close the hearing.
May 17, 1984
o oof" Legal Noticos
gt~t there has been and G, where it finds that
~ to the Town Beard the nature of the proposed
o~tl~[~e Towu o~. SOtlthold, operations is such that
~ _Ctouuty_, New-¥~gk m the requirements of such
the 8th day 0f ~Y, :I~4, a provisions are not neces-
LOcal Law~m~/'/~ l,~w.~ sary for a proper con-
Lawi4,v~atim~to~l!lM/lzlm~ sideration of a permit
fllp..~ss~e~ of :Wetlaia] application.
.~ermito by thC,lNg, rd of V. Subdivision A and B of
Trnato~s,", whieh-.~mis as Section 97-23 (Fees) are
lotion, toWit: ~ ' amended to read as fol-
BE IT EN,~?IW, D by.the lows:
Towu Board~ff ~..T~o/~- A. Every application for
· mihold ~s foll$~. (~ a permit filed with the
~ '~ j~ [Town] Clerk shall be
~ b~ [~ accompanied by a fil-
_C~/(W~0/~he lng fee of twenty-five
Ce/~h~'l*om~is dollars ($25.), no per-
· ~mmdm[ ~ : tion of which shall be
t~) I ,im~f~. B. In addition to the filing
fee, the [Town Board]
Trustees, upon the
~of a resolu-
op~atinnS on4/~y wet-
lands in tl~ ~ of
Southold ua~m~,~e ~.
first obtato w~,written
8~k ia quadt~q~eate.
ueh application ~ahall
applicant for a P~lt,
may waive, in W. bM~01·
Artid~ H, 8ze~m~ ~1 D
tion authorizing the is-
suance of a permit,
shall determine the
amount of the inspec-
tion fees to be paid by
the applicant to the
[Town] Clerk upon the
issuance of a permit,
in accordance with
Section 97-25C hereof.
VI. Subdivisions A, B and C
of Section 97-24 (Proces-
sing of Applications) are
amended to read as fol-
A. Investigation. Upon
receipt of the applica-
tion, the [Town] Clerk
shall forward one (1)
copy thereof to the
Conservation Advisory
Council and one (1)
copy to ~ [Town]
Trustees [and one (1)
copy to the Town
Board]. The Conser-
vation Advisory Coun-
cil [and the Town
Trustees] shall [each]
review said applica-
tion and the effect, if
any, on the wetlands
and tidal waters of the
town that may result
from the propoaed op-
erations, and shall,
within twenty (20)
days of receipt of the
same, forward its
written report of find-
ings and recommend-
ations with respect to
such application to the
[Town Board] True.
tees. If the Conserva-
tion Advisory Council
[or the Town Trna-
tees] shall recom-
mend that such ap-
plication be disap-
~oroved, the reasons
r such disapproval
shall be set forth in
such report.
B. Hearing. Upon re-
ceipt by the [Town
Board] Trns~ of the
report[s] of the Con-
servation Advisory
Council [and the
Town Trustees], [the
Town Board] the
Trustees shall hol~
purring on such
application upon not
less than ten (10)
days' notice, to be
published in one (1)
or more newspapers
having a general cir-
culation in the town.
C. Action. Within thirty
(30) days after the
public hearing on such
application, the [Town
Board] Trustees shall
either adopt a resolu-
tion directing the is-
suance of a permit or
ad.opt a resolution de-
nylng the application
therefor. A resolution
mrecting the issuance
of a permit may be
adopted only if the
[Town Board] Trus-
tees find[s] that the
proposed operations
willconform to the
standards set forth in
Section 97-28 hereof.
If the [Town Board]
Trustees adopt[s] a
resolution denying an
application for a per-
mit, the reasons for
such denial shall be
set forth in such rese-
fatten. In the event
that the [Town Board]
Trustees shall fail to
act on such applica-
tion within the time
prescribed herein,
such application shall
be deemed to have
been approved and the
[Town] Clerk shall is-
sue a permit authoriz-
lng the operations ap-
plied for.
VII. The first paragraph of
~eetion 97-25 ( Issuance of
Permit; conditions; in-
spection fees) is hereby
amended to read as fol-
lows:
The [Town Board] Trus-
t~es may, upon the adop-
tion of a resolution direct-
ing the issuance of a per-
mit:
VIII. Section 97-26 (Liability
insurance) is hereby
amended to read as fol-
lows:
The applicant for a per-
mit hereunder shall, be-
fore the issuance of said
permit by the [Town]
Clerk, file with the
[Town] Clerk a certif-
icate that the applicant
has public liability insur-
ance policies insuring
against any liability
which may arise in the
performance of the oper-
ations pursuant to such
permit m such amount as
shall be fixed by the
[Town Board] '~rustees,
which said policies shall
name the town as a
named insured.
IX. The first unlettered para-
graph and subdivisions C
andE of Section 97-27
(Contents of permit) are
amended to read as fol-
lows:
Each permit issued here-
under by the [Town]
Clerk pursuant to a
[Town Board] resolution
of the Trustees shall
state the [oliovang:
C. The conditions im-
posed by the [Town
pard] Trustees on
the issuance pi the
permit.
E. A statement that
"The validity of this
permit is or may be
subject to the ap-
proval of other gov-
ernmental or munic-
ipal authorities. The
town accepts no re-
spensibility in apply-
ing for or obtaining
such approval. In the
event that such ap-
proval is necessary,
the holder of this per-
mit shall not com-
mence operations
hereunder until such
approval has been ob-
tained in writing. The
failure to obtain such
other approval when
required shall subject
this permit to tm-
mediate revocation
by the [Town] Clerk
upon receipt by the
[Town] Clerk of writ-
ten notice from such
other governmental or
municipal authorities
of its refusal or dis-
~a_pp~.r% ,v~ tinue in efiect pena~
ance? tm~cept, in~ the hearing aha
ace~anc~it is ~erminatton of the
~n~Uon. ~is '- ~=n Board] ~
X. Th~st paragra~
~-~ (S~n~ ~'. ion A o[ ~tton
is~e~dasfo~ ~. S~,alties for of-
lo~: 97-oo
~e [T~ ~] ~- f~) is regaled and
~ di~ecti~he is-
s~ d a ~it ~ ~
f~~ appli~
~t sdch o~afi~ ~1
~. S~ ~ (~nsfer-
A ~ ~u~ p~nt ~n the tim~.~ixed
h~W ~ not ~ ~ for comphance ~
fe~ or assign~ ~- with, the owner, ce-
' out ~e ~or app~val ef cumnt, b~der, arc~-
the [Town-Board] Trus-
XII. ~'~liviston B of Section
97-31 ( Notice of violation)
is amended to road as fol-
lows:
B. Such notice shall be in
writing, shall specify
the violation and shah
state the conditions
which must be com-
plied with and the
time within which
compliance must be
completed before op-
eratmns may be re-
sumed. Such notice
shall also inform the
dPerson to whom it is
irected of his right
to apply for a hearin4~
before the [Town
Board] ~ as
hereinafter provided.
XIIL Section 97-32 (Hearing
on violation) is amended
to read as follows:
A. Any person affected
by a notice of viola-
tion issued pursuant
to the preceding sec-
tion hereof may re-
quest and shall be
the [Town Board]
Trustees. provided
that such person shall
file a written request
therefor with .the
[Town] Clerk within
ten (10) days after
service of the notice
of violation. Such re.
quest shall have an-
naxed thereto a copy
of the notice of viola-
tion upon which a
hearing is requested
and shah set forth the
reasons why such no-
tice of violation should
be modified or re-
B, Th~ [Town] Cler~
shall present such re.
~st to the [Town
rd] Trus~ at its
The [Town Board]
Trustees shall set a
time and place for
such hearing and shall
give the person re-
questing the same at
lenst five (5) days' no-
tice of the time and
place thereof.
C. At such hearing, the
person requesting the
same, or his repre-
sentative, shall be
· : given an opportunity
to show cause why
such notice of viola-
tion should be modi-
fled or rescinded.
After such hearing,
the [Town Board]
m~_o_o~y ormay sustain,
rescind such
notice of violation, or
revoke any permit
previously issued, and
shall specify the rea-
sons therefor.
D. The notice of violation
for which a hoarin~ is
requestod phall con.-
tect. contractor or
their agents or any
other person who com-
mits,takes part or
assists in the commis-
s/off oTany such of-
fense or who shall fail
to comply with a writ-
ten order or notice of
an)' Building Inspec-
tor~ shall~ upon a first
conviction thereof, be
guiIt)' of a violation
punishable b~ a fine
of not exceeding five
hundred dollars or im-
prisonment for a per-
iod not to exceed fif-
teen (15) days, or
both· Each day on
which such violation
s. hail eocur shal..~-
stitute a seoarate,
additional offense. For
a second and subse.
or
a
nrisonment.
XV. Subdivision B of Section
97-33 (Penalties for of-
fenses) is amended to
read as follows:
B, In addition to the
above-provided pen-
alties, the [Town
Board] Trunt~ _mgy
also, ~
tain an action or pre.
ceeding in the name
of the town in a court
of competent jurisdic-
tion to compel eom-
!plianee with or to re-
strain by injunction
the violation of this
chapter.
XVI. This Local Law shall
take effect upon its filing
with the Secretary of
State, except that the
provisions of this chap-
ter, as amended by this
Local Law, shah take cf-
lent on and after the first
day of the second month
after the effective date of
this Local Law, and shall
be applicable to ail ap-
plications for wetland
permits filed on and after
such date.
All applications for wet-
land permits filed prior
to the first day of the sec-
ond month after the cf*
fective date of this Local
Law shall be governed
by the provisions of this
chapter in effect im-
mediately prior to the ef-
fective date of this Local
Law.
Copies of said Local Law are
available in the Office of the
Town Clerk to any interested
persons during business
NOTICE IS FU[
GIVEN that the_To~W~
of the Town o.f ~ou.~
hold a public nearm~
aforesaid Local La~
Southold Town Hal
Road. Southold..New
the 5th day of june,
$:00 P.M., at which
interested persons
heard.
DATED: May 9,19~4
JUDITH 'I
soUTHOLD TOW:
1TM17-4572
regularly publishl
=h week for o~
racing on the ~
incipal Clerk
th