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HomeMy WebLinkAboutLL-1989 #20LOCAL LAW NO. 20 1989 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: Section 100-281.J is amended by adding thereto a new subsection (3J to read as follows: (3) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including, but not limited to fire districts, school districts, park districts and the like. Section 100-284.1 is hereby amended as follows: I. Certificate of Occupancy fees. The following fees shall be paid upon the filing of an application with the Building Inspector for a certificate of occupancy, which fee shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: Business buildings and/or business uses and additions and alterations thereto: fifty dollars ' ( $50. ). (b) New dwellings and additions and alterations thereto: twenty-five dollars ($25.). (c) Accessory buildings and additions and alterations thereto: twenty-five dollars ($25.). (d) Preexisting dwellings: one hundred ($100.). (e) Vacant land: twenty dollars ($20.). (f) Updated certificates of occupancy by reason of additions or alterations: fifty dollars ($50.). (g) Copies of certificates of occupancy issued five (5) or fewer years ago: five dollars {$5.). (h) Copies of certificates of occupancy issued more than five (5J years ago: ten dollars ($10.). Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts, including, but not limited to fire districts, school districts, park districts and the like. II. This Local Law shall take effect upon its filing with the Secretary of State. Dale 10/5. Local Law(s) No. 19 & 20 Year 1989 Municipalily Towrt of ,qotll-hc~ld this office on ............ ' Addifioual forms for filing local laws with this office will be forwarded upon request. I~'~v~o OCT, 1 0 1989 NYS Department of Slate Bureau of State Records (Please Use this Form for Filing your Local Law with the Secretary o! State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. o! Southold Local Law No ......... 2. Q .............. of the year 193.9. ........ Aiocallaw In Relation to Zoning .............................. (Insert title) Be it enacted by the ................ T. 9.~.n...B. qa..rf~ ........................................... of the (Name of Legislative Body) Town Southold as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-281.J is amended by adding thereto a new subsection (3) to read as follows: {3) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including, but not limited to fire districts, school districts, park districts and the like. 2. Section 100-284.1 is hereby amended as follows: Certificate of Occupancy fees· The following fees shall be paid upon the filing of an application with the Building Inspector for a certificate of occupancy, which fee shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Business buildings and/or business uses and additions and alterations thereto: .fifty dollars ($~0,), (b) New dwellings and additions and alterations thereto: twenty-five dollars ($25,), (c) Accessory buildings and additions and alterations thereto: twenty-five dollars ($25.). (d) Preexisting dwellings: one hundred ($100.). (e) Vacant land: twenty dollars ($20,)', (f) Updated certificates of occupancy by reason of additions or alterations: fifty dollars ($50.). (g) Copies of certificates of occupancy issued five (5) or fewer years ago: five dollars ($5,), (h) Copies of certificates of occupancy issued more than five (5) years ago: ten dollars ($10.), (if additional space is needed, please attach sheets of the same size as this and number each) (1) II. Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts r including, but not limited to fire districts, school districtsr park districts and the like. This Local Law shall take effect upon its filing with the Secretary of State. (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter _ therein which is not-applicabl,e..} 1. (Final adoption by local legislative body only.} I hereby certify that the local law annexed hereto, designated as local law No...1.9 .... of 1~9. ........ c O~X of the Town of..S. 9.u.t.h. ql.d. .....was duly passed by the ...'iow.ri. I~.o. atr. 0 .......................... (Name of Legislative Body) ?gltI~X ._-. on ..$.ep£emb. er..2 fi ...... 19.8.O....'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.) County City of the Town of ................ Village on ............................. 19 ........ ' I hereby certify that the local law annexed hereto, designated as local law No.... ....... of 19 ........ 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.} o ! hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........ County ~:. · City of tlae Town of ................ was duly passed by the ........................................ : (Name of Legislative Body) Village ; not disapproved on ............................. 19 ........and was approved by the ............................ repassed after disapproval 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 applicabl.e annual provisions of law. (Subiect to permissive referendum, and final adoption because no valid petition filed requesting referendum.} t~ I hereby certify that the local law annexed hereto, designated as local law No ...... '.-.. of 19 ........ County .:. City of. the of ................ was duly passed by the ....................................... 'Z. Town (Name of Legislative Body) .~ Village iii not disapproved on ............................. 19 ........and was approved by the ............................ repassed after disapproval 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 adopteO 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 o! a town where such officer is vested with power to approve or veto local laws or ordinances. ;i: (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 ................................. having been submitted to referendum pursuant to the 136 provisions of 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. Date: (County local law concerning adoption of 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 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 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.) ! further certify that l 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 parag.r:_aph .... .! ....... above. ~leer~of the County legislative body, City. Town/o~illage £1erk or officer designated by local legislativ~oody Judith T. Terry, Town Clerk September 27, 1989 (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. EEg. L[4 ................ 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. James A. Schondebare, Town Attorney Title Date: September 27, 1989 ~X Town of Southold (3) PUBLIC HEARING SOUTHOLD TOWN BOARD September 26, 1989 3:32 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO ZONING". 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 Town Attorney James A. Schondebare SUPERVISOR MURPHY: This public hearing is 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 pre- sented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of August, 1989, a Local 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 26th day of September, 1989, at 3:32 o'clock P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Zoning: reads as follows, to wit: BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-281.J is amended by adding thereto a new subsection (3) to read as follows: (3) Not withstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including, but not limited to fire districts, school districts, park districts, and the like. 2. Section 100-284.1 is hereby amended as follows: 1. Certificate of Occupancy fees. 1. The following fees shall be paid upon the filing of an application with the Building Inspector for a certificate of occupancy, which fee shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Business buildings and/or business uses and additions and alterations thereto: fifty dollars ($50.) (b) New dwellings and additions and alterations thereto: twenty-five dollars ($25.) (c) Accessory buildings and additions and alterations thereto: twenty-five dollars ($25.). (d) Preexisting dwellings: one hundred dollars ($100.). (e) Vacant land: twenty dollars ($20.). (f) Updated certificates of occupancy by reason of additions or alterations: fifty dollars ($50.). Pg 2 - PH on LL in relation to Zoning (g)Copies of certificates of occupancy issued five (5) or fewer years ago: five dollars ($5.). (h) Copies of certificates of occupancy issued more than five (5) years ago: ten dollars ($10.). 2. Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts, including, but not limited to fire districts, school districts, park districts and the like. II. This Local Law shall take effect upon its filing with the Secretary of State. Copies of this Local law are available in the Office of the Town Clerk to any inter- ested persons during business hours. Dated: September 12, 1989. Judith T. Terry, Southold Town Clerk." I have an affidavit of publication from The Suffolk Times, and, also, from The Mattituck Traveler, and an affidavit from our Town Clerk Judith T. Terry, that it has been published on the Town Clerk's Bulletin Board. There are two communications, one from the Planning Board. "Dear Mrs. Terry, The following action was taken by the Southold Town Planning Board on Monday, September 11, 1989. Resolved that the Town Planning Board recommend to the Town Board, that they adopt the above mentioned Local Law in regard to waiving fees. If you have any questions, please do not hesitate to contact this office. Very truly yours, Bennett Orlowski, Jr., Chairman." i, also, have a letter from the Suffolk County Planning Commission. "Gentleman: Pursuant to the requirements of Section A14-14 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 a disapproval. Very truly yours, Aurthur H. Kunz, Direction of Planning." There are no further communications. SUPERVISOR MURPHY: You've heard the official reading of the proposed Local Law. Is there anyone, here in the audience, who would like to speak either for or against this proposed Local Law? (No response.) Hearing none, is there any member of the Town Board, who would like to make any comment on the proposed Local Law? COUNCILWOMAN COCHRAN: I would like to make a comment. Unfortunately, we don't get to see this until the public hearing notice goes in the paper, and so forth, and it's one of the things I find wrong with our way of work as a Town Board, that committees report from the dais, but never at a meeting, where there is give and take in input. Anyhow, down here, under d, where it says preexisting dwelling, $100.00, now just for clarification, that means that if I have a preexisting house, and I had never gotten a CO, come in, and it would cost me a $100.007 TOWN ATTORNEY SCHONDEBARE: For a preexisting CO, if it was built before 1957. COUNCILWOMAN COCHRAN: Before zoning? TOWN ATTORNEY SCHONDEBARE: Before zoning. TOWN CLERK TERRY: This is not a change Pg 3 - PH on LL in relation to Zoning COUNCILWOMAN COCHRAN: I realize that. I'm asking a question. just confused, but I want another clarification. Maybe I'm TOWN ATTORNEY SCHONDEBARE: The change on this is to waive the fees. COUNCILWOMAN COCHRAN: I know. For the fees, for the schools, and fire districts. I realize that. This is what's there, and has been, but sitting here looking at it, some points came to mind, that I wanted clarification. Maybe I'm a little out of order. Maybe I should hold the clarification for a work session, or a Code Committee, rather than holding this up. That makes more sense. Thank you. COUNCILWOMAN LARSEN: If we're going to vote, though, you might want to have your question... COUNCILWOMAN COCHRAN: But it relays to this, there shouldn't be any problem. SUPERVISOR MURPHY: Any other Town Board member like to make a comment? (No response.) Hearing none, I'll close the public hearing. Southold Town Clerk~' ~EGAL NOTICE ~OTICE OF PUBLIC . HEARING ON I~f. AL LAW P(JBLIC NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of August, 1989, a Local Law entitled, "A Local Law in Relation tO Zoning." NOTICE 1S FURTHER GIVEN that the Town Board of the Town'of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 26th day of September, 1989, at 3:32 o'clock P.M., at which time ail interested persons will be .henrd. This proposed t'Local Law in Relation to Zoning" read as follows, to wit: BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Chapter 100 (Zoning) of the Code of the Town of $outhold is hereby amended as foliow~: 1. Section 100-281.J is amended by adding thereto a new subsection (3)'~o ~ad as follows: 3. ~ot withstanding the foregoing, no fee shall be re- quired of or paid by taxing en- tities or districts, including, but not limited to fire districts. school districts, park districts. and the like. 2. Section 100-284.1 ighere- by amended ~s follows: 1. Certificate of Occupan- cy fe~. I. The followin~ fees ~hall be paid upon the filing of, an application with the Building Inspector for a ~gateof oc- cupancy, which fe~ sIlall I~ lmid into the general f~nd if the plication is approved or return- ed to the applicant it' the appli- cation is denied: (a) 'Business builSings and/or bu~'mesl uses and addi- tions and alterationsJh ,¢ ,~: fif- ty dollars (t0 New' ~wellings and additions and aiterhtions there- tb: t~nty-fi~e dollars.-($25.). (e) Accessory buildings and additions and alterations therefo: twenty-five dollars ($25.). ~ (d) Preexisting d'~ll- ings: one hundred dotlara ($100.): (e) Vaoant land: twenty dollars l$20.). COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman / once each week for ........................... weeks ~/~ successively, commencing on the ......... - ............. ay OT . . .~<'..~ ........... , ~ ..... Sworn to before me this ......... · .~./....'~. ..... day of ....... ..... (f) Updated ~rtificates of OCcnpancy b~ reasoil of addi- tiohs or alterations: fifty dollars ($~0.). ($) Copies of Cer- tificates of Occupancy issued fl'~ (5) or fewer years ago: fi~ dollars ($5.). ,(h) Copies of ~er- fificates Of occupancy issue~l mor~ than five (5) years ngo~n doillsrs ($100. ' 2~0twith~t~ndin$ the fore~ g°iag~' no fee shall I~ 1~qui~x:l 6lo'paid by ~'~titi~'Or dis- t ricts, including, but not 4imited to f'rre districts, ~hool districts, park districts 'ami the lik~. II. This Local Law shall take effect uPOn its filing with the Secretar~ of. State. topi% Of this Local Law are available, in (he Office of the Town Clerk to aily hiterested persom darin~, bn$ine~ houix DATED:.~eptember 1,2, 1989 JUDLT. H T[ TERRY SOUT~.~OLD TOWN CLERK IX, 9/21/$9 (47) Notary Public ~,!~TA~Y ~' lo, lC g~t~ ct New York fifty doilar~ ($50.). (b) New dwellings and ty-five dollars ($25.). (c) Accessory buildings ($250. (d) Preexisting dred doHav~ ($I00.). dollars ($20.). (0 Updated certificates lars ($50.). five (5) or f~ver years (h) Copies of cenifi~at~g of occupancy issued years ago: ten dollars 2. Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or dis- triers, including, but not limited to fire districts, school districts, park dis- tricts and the like. Il. Thi~ lncal [~aw shall take effect upon its filing with the Secretary of State. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons dur- ing business hours. DATED: September 12, 1989. JUDITIt T TERRY SOUTHOi. D TOWN CLERK STATE OF MEW YORK) } SS: COUNTY OF SUFfoLK) Patric±a Heaney of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of SouthoId, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for I weeks successively, commencing on the 21 ~q~-, _ day of September 19 09 / Princ~al Clerk '