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HomeMy WebLinkAboutLL-1989 #04LOCAL LAW NO. . 1989 A Local Law in Relation to Wetlands BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 97 [Wetlands) of the code of the Town of Southold is hereby amended as follows: 1. Section 97-22 (Waiver of certain requirements) is hereby amended to read as follows: The trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, Section 97-21D,G and J, 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. II. This Local Law shall take effect upon its filing with the Secretary of State. Lo~al ~aw~ No. ~ APR i 0 ~ Year 1:989 ~_ Municipality Tm~ ~ Southo] d ~ To,,-- ~ Please be advised that the above-referenced material was received and filed by this office on_ --~d4/8 9. .'~ =,]? local laws ~ Lin: mis oft]ce will be forwarded upon Additional forms for filing "~':': ..... request. NYS Department of State Bureau of State Records NYS Department ,c~g~tate Bureau of State R( .ds 162 Washington Avenue Albany, NY 12231-0001 Town of Southold Office of the Tm,m Clerk Tovm of Southold Town Hall 53095 Main Road P,O. Box 1179 Southold, NY 11971 (Please Use this Form for Filing your Local Law with the Secret~ry o! State) Text of law should be given as amended. Do not include matter bc~.ng eliminated and do not use italics or underlining to indicate new matter. ~K Southold OWB ..... Local Law No ..... 4 O! the year 19 .~ ....... in relation to Wetlands A local law ..................................................................................... (insert title) Be it enacted by the Town Board Of the (Name of Legislative Body) .Southold .......... as follows: Chapter 97 (Wetlands) of the code of the Town of Southold is hereby amended as follows: 1. Section 97-22 (Waiver of certain requirements) is hereby amended to read as follows: The trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, Section 97-21D,G and J, where it finds that the natur~of the proposed operations is such that the requirements of such provisions are not necessary for a proper consideration of a permit application. II. This Local Law shall take effect upon its filing with the Secretary of State. (if additional -~Pace is needed, please attach sheets of the same size as this and number each) (1) (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...4. ..... of 19 .8.9. ..... ~ Southold Town Board ...................... of the To~vn of ................ was duly passed by the ............ ~x on...?.r..c.h....2.8... ........... 19 ..8.9._.. in accordance with the applicable provisions of law. o (Passage by 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, designated as local law No .......... of 19 ........ County City of the Town of ........ ; ....... Village on ............................. 19 ........ was duly passed by the ............ ~fi~me 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. (Final adoption by referendum.) ! hereby certify that the local law annexed hereto, designated as local law No .........of 19 ........ County City of the 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* on .................................. 19 .......... Such local law was submitted to the people by reason of a mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on ............................. 19 ......... in accordance with the applicable annual 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 ot tl~e Town of ................ Village on ............................. 19 ........ was duly passed by the ......................................... (Name of Legislative Body) not disapproved and was. ap. proved repassea atter 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 on 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. ~. (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 thc City of ................................. having been submitted to referendum~pursuant to the provisions of~36 37 of 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 general election held on ............ ............ 19 ......... became operative. (County local law concerning adoption o! Charter.) ! 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 thc 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 a unit 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. Date: March 30, 1989 ~lcrk of the County legislative body, City, T~n or Village Clerk or officer designated by local legislative 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 ....~.u..f?..o..~ ................... !, 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~ent~_~ ~°f the local l.~nex~hereto. Signamre Robert H. Berntsson, Assistant Town Attorney Title Date: March 30, 1989 ~ of Town (3) PUBLIC HEARING SOUTHOLD TOWN E~OARD March 28, 1989 3-'30 P.M. IN THE MATTER OF THE PROPOSED "LOCAL LAW IN RELATION TO WETLANDS". Present: Supervisor ~Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV Councilwoman Ruth D.'.Oliva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry SUPERVISOR MIJRPHY: This is a public hearing on a proposed "Local Law in Relation to Wetlands". The official notice to be read by Councilman Penny. COUNCILMAN PENNY: "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 14th day of March, 1989, a "Local Law in Relation to Wetlands". 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 $outhold Town Hall, Main Road, Southold, New York, on the 28th day of March, 1989, at 3:30 P.M., at which time all interest~ed persons will be heard. This proposed "Local Law in Relation to Wetlands" reads as follows: BE IT ENACTED by the Town Board of the Town of $outhold as follows: I. Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby amended as .~.lows: 1. Section. 97-22 (Waiver of certain requirements) is hereby amended to read as follows: The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, Section 97-21D, G and J, 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. 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: March 14, 1989. Judith T. Terry, Southold Town Clerk." I have an affidavit of publica- tion by the Long Island Traveler-Watchman, an affidavit of publication from the Suffolk Times, and an affidavit of posting by the Town Clerk, that this has been pos'~ed on the Town Bulletin Board in the proper manner. There are no further communications. SUPERVISOR MURPHY: Thank you, George. You've heard the official reading of the noi,tice on this proposed Local Law. Anyone in the audience would like to addres~s the Town Board on this proposed Local Law? (No 'response.) Hearing none; is '~here any comment from any Town Board members? (No response.) If not, w~'ll close the public hearing. ~ ~Judith T. Terry ~' · Southold Town Clerk COUNTY OF SUFFOLK ss' STATE OF NEW YORK '~ i =~ LEGAL NOTICE .... , ' :iNOTICE OF PUBLIC · · m'HEARING ON LOCAL LAW ;ii PUBLIC NOT[CE IS HERE- ~?' BY GIVEN that there has been ~' presented to the Town BoaM of the Town of Southold, Suffolk C6unty, New York, on the I4th day of March, t989. a "Local i!'ii:i~(i' NOTICE IS FURTHER Law in Relation to Wetlands." GIVEN that the Town Board of ",, the Town of Sou~old wil/hold ;I!!. a public hearing on the aforesaid !Ail:, i .'~kocal Law at the ~puthold ,Town :ii,' Hall, Main Road, Southold, ;~i: New York, on the 28th day of ,:i March, 1989, at 3:30 P.M., at i~i' · which time all interested persons i" will bb heard :,: Th s'proposed "Local Law in iL,' Relauon to %Etlands ' reads as : . follo,~ s: iiIi:. BE iT ENACTED by the u'il Town Board of the Town .of i~' . Southo d as £ollows:. ;:/' I. Chapter 97 (Wetlands) of '::~ the Code 0f the' Town of i~.~iT'Southold is hereby'bmended as i ',": follow~: ' , · !,'! .- 1. Section 9?-22 (Watver of ' ..O'Ui]r, r~o,:i,o'T,.tr,~,:'~iS hm-eb~ T~,,-' T.. u ~,:,, .~r..:.-.. "!:'i he applicant for a pea:mit, may Z :'waive, in whole or in part, /he · : ~:Provisions of A~icle IL Section : .:' 97-21D, G al~d J, where it fLnds ~!i';".that the rmture Of the proposed d operations, is such thar.~he :u; quirements of such Pr6~i~5ons ', '. are not necessary tot a. proper ¥i<considera.tion of ia 'permit '., application. · :..',:. ti. This Local La~' sha!l take '.'.:effect upon its filing 'wit.fi:the ~ ' Secretary of State. ~ Copies of said Lodal Law are .!,..available in the Off[c~ of the ' ': 'i Town :Clerk' to gny: inter,s/ed ' persons during, busir~ess hours. '~ DATED:Match 74, 1989 : JUDITH T. TERRY ',i. ;SOUTH'OLD TOWN CLERK IX, 3/23789 (4) Pair[cia 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 the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ...................... ./_ . . . weeks successively, commencing on the ......... .'~'. ~ .".~5. ...... d,ay of ~_/~..~,,q~Z'~ , ] 9 ~Y ~ ......... Sworn to before me this ~1'~ ~ day of ....... /. ?,'. .,.,.4. ........ , Notary Public B:-",RB,'.RA A. SCHNEIDER ~OT,"~Y PUi-~UC, gate of Ne, w Y0r~ N~. 480584~ q~fi~d ~n ~uffo~k C0~nty , LEGAL NOTICE ~O'rlCF. -"IF ~ J ~' =~ P~BLIC ~B'RAR lNG ,~;:' ON LOCAL LAW !1:~. PUBLIC NOTICE IS HEREBY h' GIVEN that the~ has been presented. to the Town Board of the Town of !i 1989, a "Local Law ia R~la~on .to .... Wethmds". ii!!ll ?*e Town of iii: ~onthold will hold a public hea~i~ ~,11:i on the ~omsald Local L~w ih?i:gonthold Town H~,H, Msin ¢/Southold, New York on the 2gthday , 'bf March~ 1989, at 3:30 P.M.~ at :.. This proposed ~Loeal Law/n Re. lotion m Wetlands" ~ as follows_' · BE 1T ENACTED by the Town Board of the Towu of Sonthold as ~... ~ O~r ~7 (W¢~ads) of the Code · of the Town of $outhold ~s bemb¥' amend~l as follows: 1. Section 97-22 (Waiver of :~memled to tear as folJ~vs~ the ~t~tic~at for a 'walv¢i i~i~wli_ole Or irt pa~. the 97-2!D, G and ~, wh~'~ it finds that the naUtm of the proposed operations is such that the mquimmems of such Pr°visions am n~t necessary for a proper conalder~don of a permi~ ap- !~=:.H. Thin Local Law shall take effect [ of Sram.. V ' Copi~.s of said Local Law are i~i ~vailable in the Office of the Town Cl~d~ to any u~eres~ed persons during ',i SOUTHOLD TOWlV CLERK STATE OF NEW YORK} )SS GOUMTY OF SUFFOLK) Maribeth Power; of Mattituek, in said County, being duly sworn, sa~s that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffoikand State of New York, and that the Notice of which the annexed is a printed eopy, has been regulady published in said Newspaper once each week for]. weeks successively, commencing on the ~3 day of March 19 89 Principal Clerk