HomeMy WebLinkAboutLL-1988 #23LOCAL LAW , 1988
A Local Law in Relation to Zoning.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning)~of the Code of the Town of
Southold is hereby amended as follows:
1. ~ 100-141 A is hereby amended by adding a new subsection
"7" to read as follows:
7. An application for a building permit for construction on
a vacant lot, which is not on an approved subdivision map,
shall be accompanied by a certified abstract of title
issued by a title company which shall show single and
separate ownership of the entire lot prior to April 9, 1957.
2. § 100-144 D is hereby amended to read as follows:
If the proposed use is in conformity with the provisions of
this chapter, a certificate of occupancy for the use of
vacant land, a change of use or a nonconforming use shall
be issued by the Building Inspector after receipt of a
properly completed application. A certified abstract of
title issued by a title company which shall show single and
separate ownership of the entire lot prior to April 9~ 1957
shall be submitted with an application for a certificate of
occupancy for vacant land or a nonconforming use. If a
certificate of occupancy is denied, the Building Inspector
shall state the reasons therefor in writing to the
applicant.
3. ~100-144 G is hereby amended to read as follows:
G. The Building Inspector shall, after inspection, issue a
certificate of occupancy for any building or use.thereof,
or of land existing at the time of the adoption of this
chapter, or any amendments thereto, certifying such use and
whether or not the same and the building conform to the
provisions of this chapter after receipt of a properly
,completed application and certified abstract of title
issued by a title company, which shall show single and
separate ownership of the entire lot prior to April 9,
1957. If a certi~ficate of occupancy is denied, the
Building Inspector~-~hall state the reasons therefor in
writing to the applicant.
~100-144 I [4] is hereby amended to read as follows:
4. Preexisting dwellings: one hundred dollars, ($100.00).
II. This Local Law shall take effect upon its filing with the
.~ Secretary of State.
Date 9/20/88 ;
LocalLaw(s)No.. 22, 23 & 24
Year 1988
Municipality Town of SouthoLd _
Please be advised that the above-referenced material was received and filed by
this office on_ 9/~.3/88
Additional forms for filing local laws with this office will be forwarded upon
request.
-SEP 2 3 ?~
NYS Department of State
Bureau of State Records
(Please Use this Form tor 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.
~o~w~n~o[ ...qo~tho~d ............................................
Local Law No ...... .2.3. ................ of the year 19.8.8. .......
A local law. ~n. r.e.% ~ki0D..~Q..5 Qni~.~ ........................................................
(insert title)
Be it enacted by the ...... .~.o. ~; .~....B.O.A..R.D .................................................... of the
(Name of Legislative Body)
giC~
Town
of Southold as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is
hereby amended as follows:
1. Section 10G-141A is hereby amended by adding a new subsection
"7" to read as follows:
7. An application for a building permit for construction on.
a vacant lot, which is not on an approved subdivision map,
shall be accompanied by a certified abstract of title
issued by a title company which shall show single and
separate ownership of the entire lot prior to April 9, 1957.
2. Section 100-144D is hereby amended to read as follows:
If the proposed use is in conformity with the provisions of
this chapter, a certificate of occupancy for the~se of vacant
land, a change of use or a nonconforming use shall be issued by
by the Building Inspector after the receipt of a properly
completed application. A certified abstract of title issued by
a title company ~:which shall show single and separate ownership
of the entirel lot prior to April 9, 1957 sha.!l be submitted with
an application for a certificate of occupancy for vacant land or
a nonconforming use. If a certificate of occupancy is denied, the
Building I~spector shall state the reasons therefor in writing
to the applicant.
3. Section 100-144G is hereby amended to read as follows:
G. The Building Inspector shall, after inspection, issue a
certificate of occupancy for any building or use thereof, or
or of land existing at the time of the adoption of this chapter,
or any amendments thereto, certifying such use and whether or not
the same and the building conform to the provision of this chapter
after the receipt of a properly completed application and
certified abstract of title issued by a title company, which shall
show single and separate ownership Df the entire lot prior to
April 9, 1957. If a certificate of occupancy is denied~ the
Building Inspector shall state the reasons 'therefor in writing to
the applicant.
4. Section 100-144I (4) is hereby amended to read as follows:
4. Preexisting dwellings: one hundred dollars ($I00.00).
II. This Local Taw shall take effect upon its filiDg with the S~re .tgry Qf S~e.
(lfadditionalspaceisneeded, plea~at~ehsh~tsof~e~mesizeasthlsanonumnere t
(])
(Complete .the certification in the paragraph which applies to the filing of this local law and strike out the matter
therein which is not applicable..)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No... 2~3~... of 19~ .....
of the ~..~-~f $c~u~cl~.ol0. ..... was duly passed by the . ~.Q~.~L .$O.~,~D ...........................
(Name of Legislative Body)
on...S.~.P..~. :....6.., ............ 19.8..8...... in accordance with the applicable provisions of law.
(Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
of the
I hereby certify that the local law annexed hereto, designated as local law No .......... of 19 ........
County
City
Town of ................
Village
was duly passed by the .........................................
(Name of Legislative Body)
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief Executive Officer*
and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
1 hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
County
City
of the Town of ................
Village
was duly pas~ed by the .........................................
(Name of Legislative Body)
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief Executive Officer*
on .................................. 19 ..........Such local law was submitted to the people by reason of a
mandatory
permissive referendum, and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on .............................19 in accordance with the applicable
annual ........ '
. provisions of law.
4. (Subject to permissive referendum, and final adoption because no valid petition Hied requesting reierendum.)
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
County
.. City
ofmeTown of ................
Village
on ............................. 19 ........
was duly passed by.the .........................................
(Name of Legislative Body)
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief Executive Officer*
on .................................. 19 .......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted
on ............................. 19 ......... in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected ou a county-wide basis or, if
there be none, the chairman of the county legislative body, the mayor of a city or village or the supervisor of a town where such
officer is vested with power to approve or veto local laws or ordinances.
(2)
(City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
of the City of ................................. haying been submitted to referendum pursuant to the
§36 of
provisions of §37 the Municipal Home Rule Law, and having received the affirmative vote of a
special, -
majority of the qualified electors of such city voting thereon at the generm election held on
............ 19 ......... became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No ......... of 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
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as aunit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certifica-
tion.)
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 ..... ~-. ...... above.
Day'pt. 7, 1988
~q~r-~of ~e ~ounty'legislative body, City, To~j~ VillageClerk o~
officer designated by local legisla~ body
Judith T. Terry, Town Clerk
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ....S..u..f..f..o..1..k. ................
the undersigned, hereby certify that the foregoing local law contains the correct text and that all
s have been had or taken for the enactment of the local law annexed hereto.
Signature
Jamas
A,
S. ch~ndabar, e
.Town
- · , · · ~ne.3. ......
Title
Date: September 7, 1988
of . ~.QU~hOLd ......................
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
September 6, 1988
8:02 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO ZONING."
Present:
Supervisor Francis J. Murphy
Justice Raymond W. Fdwards
Councilwoman Jean W. Cochran
Councilman George
Councilwoman Ruth
Councilwoman Ellen
Town Clerk Judith
L. Penny IV
D. Oliva
M. Larsen
T. Terry
SUPERVISOR MURPHY: This is a hearing on a proposed "Local Law in Relation
to Zoning." The official notice to be read by Councilwoman Oliva.
COUNCILWOMAN OLIVA: "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 9th day of August, 1988, a Loca~ Law entitled, "A Local Law
in Relation to Zoning". Notice is further given that the Town Board of the
Town of Southold will hold a public hearing on the aforesaid Local Law at the
Southold Town Hall, Main Road, Southold, New York, on the 6th day of
September, 1988, at 8:02 o'clock P.M., at which time all interested persons
will be heard. This proposed "Local Law in Relation to Zoning" reads as
follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-141 A. is hereby amended by adding a new subsection
"7" to read as follows:
7. An application for a building permit for construction on a vacant
lot, which is not on an approved subdivision map, shall be accompanied
by a certified abstract of title issued by a title company which shall
show single and separate ownership of the entire lot prior to April
9, 1957.
2. Section 100-144D. is hereby amended to read as follows:
If the proposed use is in conformity with the provisions of this
chapter, a certificate of occupancy for the use of vacant land, a
change.of use or nonconforming use shall be issued by the Build-
ing Inspector after receipt of a properly completed application. A
certified abstract of title issued by a title company which shall show
single and separate ownership of the entire lot prior to April 9, 1957
shall be submitted with an application for a certificate of occupancy
for vacant land or a nonconforming use. If a certificate of occupancy
is denied, the Building Inspector shall state the reasons therefor in
writing to the applicant.
3. Section 100-144 G. is hereby amended to read as follows:
G. The Building Inspector shall, after inspection, issue a certificate
of occupancy for any building or use thereof, or of land existing at
Pg. -2- LL- Zoning
the time of the adoption of this chapter, or any amendments thereto,
certifying such use and whether or not the same and the building
conform to the provisions of this chapter after receipt of a properly
completed application and certified abstract of title issued by a title
company, which sh~all show single and separate ownership of the
entire lot prior to April 9, 1957. If a certificate of occupancy is
denied, the Building Inspector shall state the reasons therefor in
writing to the applicant.
4. Section 100-144 I. (4) is hereby amended to read as follows:
4. Preexisting dwellings: one hundred dollars ($100.00).
II. This Local Law shall take effect upon its filing with the Secretary of
State.
Copies of said Local Law are available in the Office of the Town Clerk to
any interested persons during business hours. Dated: August 23, 1988
Judith T. Terry, Town Clerk." I have an affidavit of publication in t~e
Long Island Traveler-Watchman. I have an affidavit of publication by the
Suffolk Times. I have an affidavit of posting on the Bulletin Board, by the
Southold Town Clerk, Judith T. Terry. ! have a correspondence from the
Planning Board, "Dear Mrs. Terry: The following action was taken by the
Southold Town Planni. ng Board on Monday, August 15, 1988. RESOLVED.
that the Southold Town Planning Board make a recommendation to the Town
Board to approve the above mentioned amendment. If you have any questions,
please do not hesitate to contact this office. Very truly yours, Bennett
Orlowski, Jr., Chairman." I, also, have a correspondence from the Suffolk
County Planning Department. "Gentlemen: Pursuant to the requirements of
Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above
referenced application which has been submitted to the Suffolk County Planning
Commission is considered to be a matter for local determination. A decision
of local determination should not be construed as either an approval or
disapproval. Very truly yours, Lee E. Koppelman, Director of Planning."
There are no further communications.
SUPERVISOR MURPHY: Thank you, Ruth. You've heard the official reading
of the proposed Local Law. Is there anyone in the audience, who would like
to discu_ssthis proposed Local Law? On the left? (No response.) In the Middle?
(No response.) Any Town Board members have any comments? (No response.)
I'II close this public hearing.
~ ~Judith T. Terry
Southold Town Clerk
hereby amended as foUow~: ,. hereby amended to read as
1. $~cfion 100.I41 A. is,fi~n~by
amended by: add~g~,]neW
subsection "7' to ~ad 'a~:fol-
Sows: :~ ~ ;.~[
7. An aopl~ic,:~ for~
ins pcrmil for constmcd~
on a' vaca~l Io~. which is
oq a. approved subdivision
~zp, s~a[I bc accompanied
~y ~ ccrLilicd abs~rac~ of
L,~oed b).a dflc company
' '- io~/ows:
i !':"; , G. The Building Inspector
'.,i; : , shall, after inspection issue
· !:: ~: a certificam of occupancy for
any buildi:~g or use thereof,
or of land existing
timt: of the adoption of this
chapt'.'r, or any amendments
therelo, ccrli!')~ng such us~
and whether or not the san~
and the buildi,g conform to
v, hicl, ~ha]l' ,;how singic arid Ihe provisions o1' this chapter
;, ~,1 ~OI Il I. ' :~ ~9ra~e o,~e~p of,~e eh- ,.. '" after receipt of a pmper~
M H'H'I. lJ~ ' .
, t~re lot puor to. AF~ ~, ~ . completed app~catton:
Ill.h' III:xRI~I: 195~. ,.: , ' ~'~ ,',' cemfied ~stract of]~flcis~
IOCII I. gi~ 2. Sectton 100-i44 D. is hereby ~ ; sued by a title comp~y~
· i, ,. i , .,. ~q. ~ tha p~oposed u~e is ~ " separate o~e~of
,' ..,~.. I'...~,' c~ .r' ~ ~nf°~i~wi~",the,provi- ~ 6re lot p~or
of Mattituck, in
ays that he/she is Principal
h e Weekly NeWSpaper,
~wn of Southeld, County of
nd that the Notice of which
l: :! ~ Th/s proppsed '~Local Law
~.:, Reh~.mn to Zoning reads as fo[-,
!! ': -',". ~E IT E~TACTED by the Town j
sions of this eh,~ier ,ia cer-
tificate of',oceup~n~y [o? the
use of vacah! land I a,e'd~'nge
of use or ,a a0ncorLlormtag
Building Inspec or atter~ re-"
ce~pt,of a prop~ly corapleted
appllcatlon,,~ A; cemft~i[ lab-
stract of role ~sued b,, a' title
company whic~ shaH' ;show ,'
single i~ln ri :1 !' sep'a,l~ t e'' 1
ownership ~t,]the entre lot'
~nor to ^pHil0? 19~7.shall, I'
be ~u bmti~e~, , L:with., 'i,an i '
pancy is d~.Aed the Buildhig
~sp~tor sh~ aate the =~ ~ b~n r~ula~ubli~edin
sons therefor M wring to ~eek for Z weeks
R~e appfieant.
' ~. Section 100-144 I; (4) is ~ the ~ day of
hereby ~nded to read as
, foRows:
4. Pr~g dwe~gs~one
' ' , h~dgd doRa~ (~00.00).
feet up~ its ~g wi~ ~e Secr~-
'~ of State.
Copies of sam Loe~ Law
a',ailal~le in ,he Of~e of ~e Town Principal Clerk
C~arR lo any ~temsted persons
du~ing baa{ness ho~.
DA'i'ED: AugUst 23, 1988.
~ T; ~Y
" ' NOTICE OF
L~:~'. PUBLIC HEARING·
. . · .ON LOCAL LAW
' ':.PUBLIC NOTICE is hereby
]., ~iven .that-there. has been
' presented to the Town Board of
:'.. ' the TOWn 'of Southold,. Suffolk
'Count~. Neb'~ib}k. o.'] the 9d'~
day ot August. IGC,8. a Local
Law entitled,/'A.LOcal LaW in
Relation to Zoning/'
NOTICE IS FURTHER GIV-
EN that the Town' Board of th'e
Tou, r, of Southold ~,11 hold a
public h(aHng on [he a foresa~d
Loc~! La~' a, the Southold Truer,
Hall. Mare Road. Soud~old.
N~v ~brk, on- the 6th day of
September, 1988, at 8:02 o'.clock
P.M., at which time all interested
persons will be heard.
This proposed ' ~Local Law in
Relation to Zoning" reads as
follows:
BE IT ENACTED by the
-, Town Board'of the Town of
Southold as follows:
I. Chapter 100 IZoning) of the
Code of the Town of Southold
'., 2 is' he~'ebv .xmendcd a~ follm, ~:
1, Secuon IC(~-J.II A is hereb~
amended by adding a new
subsection "'7" ,:to read as
follows:
~. An apphcat~on for a
building permit for construction
on a vacant Io[, which is not on
an approved subdivision map,
shall be accompanied by a cer-
tified abstract of title issued by
a' title company Which shall
show single and separate owner-
ship of the entire lot prior to
'~',' '~pril 91 1'957. ~ '
2. Section 100-144 D. is here~'
amended [o read as follows:
If the proposed use'is in con for-
miry with the provisions of this
chapter, a certificate of oc-
cupancy for the use of vacant
land,;a change of Useor a non-
conforming use shall be issued
by the Building Inspector after
receipt of a properly completed
appl;cal;on A certif;(d
of tnk ~ssucd bv ~ tide comp~n,,
which shall show singIe and
separate ownershil~ of the entire
lot prior to April 9, 1957 shall
be submitted with an applica-
tion for a certificate of occupan-
c~- for vacant land or a noncon-
forming use. Ir a certificate of
occupancy is denied, the
Building Inspector shall state the
reasons therefor in writing to the
applicant.. .....
3 5e,.'1~on 100-144 G. ~s hereby
amended [o read a:. foilings.
G- The Building Inspectbrsh~l,
'after 'idspection. issue a cer-
tificate of occupancy ~'or any
building or use thereof, or .of
land existing at the time or the
adoption of this chapter, or any
amendments thereto, certifying
such use and whether or not the
same and the building conform
to the provisions of this chapter
after receipt of a properly com-
pleted application and certified
abstract of title issued by a title
company, which shall show
single and separate ownership of
the entire lot prior to April 9,
1957. Ifa certificate of occupan-
cy is denied, the .Building In-
spector ..$h31J Slate ~he re~3on..3
[herel'ot n wrnm~, to the
~,pplicant
4..Section. 100-i44' [. (4)'is
hereby amended to maw as
follo~ s:
4. Pre]u~[m~ d'~ibm:3' on~ hun.
dred dollars *,$100.00).
.IL ThisLocal Law shall take
'¢ffed, t. upon its filing with the
Secretary of State. -
Cc, pies of ~aid Local La~ are
a, ailab~e m tl',e Offic( ol In(
To~n ClerL to '"b ,ntercs~ed
persons during busin'ess hours.
DATED: August 23. 1988.
·" , JUDITH T. TERRY,
: .SOiOTHOLD TQwN cLERK
:",":' · .]]
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which me annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for'. .................... ./- .... weeks
successively, commencing on the ......................
I I~
Sworn to before me this ...... ~=7' ............. day of
'~'~./'~.. ~'./H .~_~. ?.~--. .... 19
Notary Pub~iZ ,~A~_.EN W. BOERGESSON
NOTARy PUBLIC, Stale of Ne'~
No. 4842180
Qualified in Suffolk