HomeMy WebLinkAboutLL-1990 #29 LOCAL LAW NO. 29 , 1990
A Local Law in Relation to Zoning Application Fees
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:
I1.
This Local
of State.
Section 100-262 (A) (Application; hearing; approval; violati~s
of conditions) is hereby amended to read as follows:
A. An application for a special exception approval shall be
on the form for the same provided by the Zoning Boar~l of
Appeals and shall be submitted in triplicate to the Zoning
Board of Appeals, which shall review the application for
completeness and conformity with this chapter. The Zoning
Board of Appeals shall reject the application if it is not
complete or not in conformance with the Zoning Code and
shall notify the applicant as to the reason for such
rejection. If the application is satisfactory, the
applicant and the Zoning Board of Appeals shall set the
application down for a public hearing. The fee for a
special exception shall be three hundred dollars ($300.}~
as set forth in § 100-27u,.
2. Section 100-27u, (Fees) is hereby amended to read as follows:
Applications to the Board of Appeals for any relief herein sJlali
be accompanied by a fee as hereinafter provided:
A. For applications involving fences, accessory structures, or
accessory buildings containing less than two hundred
square feet (200) in floor area. the fee shall be one
hundred fifty dollars ($150.).
B. For all other applications, including those involving
commercial property, containing a single request (for
example, an application requesting one variance or an
application requesting a special exception), the fee shall
be three hundred dollars ($300.).
C. For applications containing more than one request. (such as
an application requesting an area variance and a width
variance), the fee shall be five hundred dollars ($500.1.
Law shall take effect upon its filing with the Secretary
NYS DEPARTHENT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
ALbany. NY 122~1-0001
12/21/90
DATE:
~ Of So~th_.old t
DEC 1990
1~m c~ smm~
Local Law Acknowledgment
~-- office of the Town Clerk
Town of Southold
Town Ha11-53095 Main Road
Southold, NY 11971
Attention: Judith T. Terry
005-236 (REV. 6790)
_1
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
(Please Use this Form lor FRing your Local Law with the Secretary oi Statel
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new maucr.
~Y
T~_il~( o! Southold .................
Local Law No. 29 0! the year 19 .9.0 ........
In Relation to Zonincl Ap.l~lication Fees
A local law .....................................................................................
(Insert title)
Be it enacted by the ......... Town Board of the
(Name of Legislative Body)
Southold ......... as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
1. Section 100-262 (A) (Application; hearing; approval; violations of conditions)
is here.by amended to read as follows:
An application for a special exception approval shall be on the form
for the same provided by the Zoning Board of Appeals and shall be
submitted in triplicate to the Zoning Board of Appeals, which shall
review the application for completeness and conformity with this chapter.
The Zoning Board of Appeals shall reject the application if-it is not
complete or not in conformance with the~Zoning Code and shall
notify the' applicant as to the reason for such rejection. If the
application is satisfactory, the applicant and the Zoning Board
of Appeals shall set the application c~own Tor-a public hearing.
The fee for a special exception shall be three hundred dollars ($300.),
as set forth in Section 100-274.
2. Section 100-274 (Fees) is hereby amended to read as follows:
Applications to the Board of Appeals for any relief herein shall be
accompanied by a fee as hereinafter provided:
A. For applications involving fences, accessory structures, or
accessory buildings containing less than two hundred square
feet (200) in floor area, the fee shall be one hundred fifty
dollars ($150.).
B. For all other applications, including those involving commercial
property, containing a single request (for example, an application
-requesting one variance or an application requesting a special
exception), the fee shall be three hundred dollars ($300.).
For applications containing more than one request, (such as
an application requesting an area variance and a width variance),
the fee shall be five hundred dollars ($500.-).
I!. This Local Law shall take effect upon its filing with the Secretary of State.
(If additional space is needed, please attach sheets of the same size as this and number each)
¢!)
{Complete the certification in the paragraph which applies to the filing o! 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 thc local law annexed hereto, designated as local law No..2. p .... -. of 19.99t ....
XTRa( of $outhold ... was duty passed by the ........ .T.o.~yD..l$OOr.cl ...................
of the Town ............. ? tN~me o! Legislative Body)
on ..D..e..?..m..b. ?..r..J..1.: ....... 19.9..0.....- in accordance with the applicable provisions of law.
o
(Passage by local legislative body with approval or .no disapproval by Elective Chic! 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 meTown of ................
Village
was duly' passed by the ........... (Name of Le~slative Bod~
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 Iaw. . -'
(Final adoption by referendum.) .-.
I 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
O[
Legislative
Body)
not disapproved
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 referendum, and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election ~eld-on .............................19 ......... in accordance with the applicable
annual
provisions of law.
(Subject to permissive referendum, and final adoption because no valid petition filed requestin~ referendumJ
I hereby certify tha{-~the local law annexed hereto, designated as local Iaw No ......... of 19 ........
County
. . City ..................................
ot tl~e Town of ................ was duly passed by the , ...... (Namcof LegislativcBod¥)
Village
~-~-, , - c,- ?~ ;~-.. not disapproved .....
on .......... L' ........ L..:..'.'~ 19 ..L.'... andwas approq~d" : bythe .' ....'..;'~: ..................
repassed after disapproval Elective Chief E~ecutive Officer*
on .................................. 19 .......... Such local law being subject to a permissive referendum and no
valid petition req0estifig ~uch r~ferendum having been filed, said local law was deemed duly adopted
on ............................. 19 ......... in accor<lance with the applicable provisions of law.
*Electiv(Chie! Executive Ollicer means or includes the chief executi,~e officer o! a county elected on a emmty-wide basis or, if
there be none, the chairman ol the county legislative body, the mayor of a city or village or the supen'isor o! a town where such
officer is vested with power to approYe or veto local law_s or ordinances.
(City local law concerning Charter revision proposed by petition.)
1 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
provisions of~]76 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.
6. (County local taw concerning adoption o{ Charter.}
I hereby ce~t~fy.t, hat the local law annexed hereto, designated as local law No.' . .Z~... of lg~O. ......
of the County of ?..u.z.L°! .k.., ........ .., State of New York, l~aving been submitted to the Electors at the
General Election of November . .7. t ......... 19..8..9.., 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 providean appropriate certifica-
tion.)
I further certify that t 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 .... l ........ above.
~/CI~rk of the County legislative body, City, Town o.r ~i~ag¢ Clerk
off leer'designated by local legialative
Judith T. Terry, Town Clerk
Date:
December 12, 1990
(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..L...K. ...............
I, the undersigned, hereby certify that the foregoin~ local lanw contains the correct text and that all
pr°per pr°ceedings have been had °r taken f°r the ena~~a~w~xld h~' .
f ~{ '-- S'gnature
Matthew G. Kiernan, Assistant Town Attorney.
Title
Date:
December 12, 1990
Town
of ... Southold .... . ....
O)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
8:00 P.M.
December 11, 1990
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO ZONING
APPLICATION FEES".
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: The Local Law, that we'll be dealing with tonight, is in
relation to zoning application fees, and Tom Wickham will read the verification and
proof of publication.
COUNCILMAN WICKHAM: "Notice of Public Hearing on Local Law. 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 10th day of October, 1990, a Local
Law entitled, "A Local Law in Relation to Zoning Application Fees". 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 11th day of December, 1990, at 8:00 o'clock P.M., at which time all interested
persons will be heard. This proposed "Local Law in Relation to Zoning Application
Fees" reads as follows:
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:
I. Section 100-26 2(A) (Application; hearing; approval; violations of
conditions) is hereby amended to read as follows:
A. An application for a special exception approval will be on the
form for the same provided by the Zoning Board of Appeals
and shall be submitted in triplicate to the Zoning Board of
Appeals, which shall review the application for completeness
and conformity with this chapter. The Zoning Board of
Appeals shall reject the application if it is not complete or
not in conformance with the Zoning Code and shall notify the
applicant as to the reason for such rejection. If the applica-
tion is satisfactory, the applicant and the Zoning Board of
Appeals shall set the application down for a public hearing.
The fee for a special exception shall be three hundred
dollars ($300.), as set forth in §100-274.
2. Section 100-274 (Fees) is hereby amended to read as follows:
Applications to the Board of Appeals for relief herein shall be
accompanied by a fee as hereinafter provided:
A. For applications involving fences, accessory structures, or
accessory buildings contining less than two hundred square
feet (200) in floor area, the fee shall be one hundred fifty
dollars ($150.).
B. For all other application, including those involving commercial
property, containing a single request (for example, an applica-
tion requesting one variance or an application requesting a
special exception), the fee shall be three hundred dollars
($300.).
C. For applications containing more than one request, (such as
an application requesting an area variance and a width
variance), the fee shall be five hundred dollars ($500.).
II. This Local Law shall take effect upon itsfiling with the Secretary of State.
Copies of this Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: November 27, 1990. Judith T.
Terry, Southold Town Clerk." I have before me a notice, that this public notice
has been affixed here in a most public place on the Bulletin Board in Town Hall,
and notices as a legal notice, that it appeared in The Suffolk Times, and in The
Traveler-Watchman. I have here a letter from the Chairman of the Planning Board
on it, regarding Local Law in Relation to Zoning Fees. "Dear Mrs. Terry, The
following resolution was adopted by the Southold Town Planning Board at a meeting
held on Tuesday, November 13, 1990. Whereas the Planning Board has reviewed
the proposed amendment to change the fees for certain applications before the
Zoning Board of Appeals, specifically, to increase the fee for a special exception
from one hundred and fifty dollars to three hundred dollars; to set the fee for
a fence or accessory structure of less than two hundred feet in area at one
hundred and fifty dollars; to increase the fee for a single variance request from
one hundred and fifty dollars to three hundred dollars, and to set the fee for two
or more variance requests at five hundred dollars; and Be It Resolved that the
Planning Board hereby recommends the adoption of local laws that would amend
Sections 100-262 (A), and 100-274 of the Zoning Code. Please contact this office
if you have any questions regarding the above. Very truly yours, Bennett Orlowski,
Jr., Chairman." I have, also, before me a copy of a letter from the County of
Suffolk, regarding the Zoning action, amendment ot Zoning Ordinance Section 100-
262A & 274. "Gentlemen: Pursuant to the requirements of Section 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, Arthur H.
Kurtz, Director of Planning". That's all I have.
SUPERVISOR HARRIS: Thank you, Councilman Wickham. Is there any member
of the audience at this time, that would like to speak, either in favor or against
this public hearing on Local Law change? (No response.) I declare this public
hearing closed.
~/--Judith T. Terry
Southold Town Clerk
COUNTY OF SUFFOLK
LEGAL NOTICE STATE OF NEW YORK
NOTICE OF
~EARINC~..
ON LOCAL LAW
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 10th day of October, 1990,
a Local Law entitled, "A Loeal
Law in Relation to Zoning Ap-
plication Fees."
NOTICE IS FURTHER
GIVEN that the Town Board of
the Town of Southold will hold
a public hearing on tho aforesaid
Local Law at the Southold Town
Hall, Main Road, Southold,
New York, on the 11th day of
Deeember, 1990, at 8:00 o'clock
PM:, at which time all interested
persons will be heard.
This proposed "Local Law in
Relation to Zoning Application
Fees" reads aa follows:
BE IT ENACTED by the
Town'Board of the Town of
Southold as follows:
L Chapter 100 (Zoning) of the
Code of the Town of Southold
is he,by amended as follows:
1. Section 100-26 2CA) (Ap-
plication; hearing; approval;
violations of conditions) is
hereby amended to read as
follows:
A. An application for a
special exception approval will
be on the form for the same pro-
vided by the Zoning Board of
Appeals and shall be submitted
in triplicate to the Zoning Board
of Appeals, which shall review
the application for completeness
and conformity with this
chapter. The Zoning Board of
Appeals shall reject the applica-
tion if it is not complete or not
in conformance with the Zoning
Code and shall notify the appli-
cant as to the reason for such re-
jeetion. If the application is
satisfactory, the applicant and
the Zoning Board of Appeals
shall set the application down
for a public hearing. The fee for
a special exception shall be three
hundred dollars ($300.), aa set
forth in §100-274.
2. Section 100-274 (Fees) is
hereby amended to read as
follows: Applications to the
Board of Appeals for relief
herein shall be accompanied by
a fee as hereinafter provided:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southo[d, 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, c~mmencing on the ......................
clay ol.....~~.. '.., 19 ~.a... ~',
\ \
...<i .... ......
Sworn to before me this ~
..................... clay of
........ .... ,
A. For applicatioaa involving Notary Public
fences, aecessory structures, or
aeeeisory buildings containing
~ than two hundred square
fe~t (200) in 'floor area, the fee
shall be one hundred fifty
dollars ($150.)?
B. For all other applications,
including those involving com-
mercial property, containing 'a
single request (for example, an
application requesting one
variance or an application re-
questing a special eaception), ~he
fee shall be three hundred
dollars ($3000.
C. For applications contain-
ing more than one request, (such
as an application requesting an
area variance and a width
variance), the lee shall be five
hundred dollars ($500).
II. This Local Law shall take
effect upqn its filing with the
Secretary of State.
Copies of this Local Law are
available in the Office of the
Town Clerk to any interes~d
persons during business hours.
DATED: November 27, 1990.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1X-12/6/90(80
BARB~RA k SCHNEt~E~
NOTARY HJILIC, State of I~ ~
No, 4806846
Qualified in Suffqlk ~ .
Commission Expire~ ~./ 3 t /~---
ON LOCAL LAW
P~BLIC NOTICE IS HEREBY
that there has been pre-
to the Town Board of the
STATE OF NEW YORK)
)SS:
_ _'~old will h~l a public haa~
em the aforesaid Local Law at the
Seashold Town Hall. Main Road,
S4mthold, New York, es the llth
day of December, 1~90, at 8:00
o'clock P.M., at which time all
This proposed 'Local Law in Re-
roads as follows:
]BE IT ENACTED by the Town
BeMd of the Town of Southold as
L Ota~er IGO {7.,a~n~) ~ the Co6e
mnmdad as ftdlows:
1. ~ 100-26 2(A) (Api~ica~
algas of ce~di~ons) is hereby
sm~d~d ~o ~ s~ fo~ows:
on the fom~ for the same
p~ovrded by the Zoning
~ of Appeals ~md shall
ha mhmbml ~- ~fillicm m
tim Zuti~ Boad of
the application for com-
pleteness and conformity
fonnance with the Zm~ing
Code and shall nmify the
for such rejection. If the
a~l~catinn ~s satisfactory,
Board of ~ shall set
the aJqgic~tion down for a
public hearinL Tha fee for a
special exce~ion shall ha
three hundred dollars
(S300.), as set forth in J
100-274.
Section 100-274 (Fees) is
hereby amended to rud ss fd-
Board of Appeals for relief
herein shaH ha accompanied
by a fee as hal~inafter pro-
vidad:
A. Fo~ alyplications invo~vin~
tired square feet (200) in
fieo~ ~ the fee shall ha
one hundred fifty dollars
includin~ ~ ~volvin8
~ a ~ ~ (f~
a~linition ~umz~ng i
s~M ~), ~ fee
ud a w~ v~). ~
fee shall ha five hund~d
Copies of ~is Local Law are
~T.~Y
STATE OF NEW YORK)
}SS:
cou. Y OF SUFFOLK)
~'~'¥"J ~ ~ Of Mattituck, In
said County, being duly sworn, says that he/sha Is Principal
Clerk of THE SUFFOLK TIMES, a Weekly Mewspaper,
publIshed at Mattituck, In the Town of Southold, County of
Suffolk and State of New York, and that the Notice of which
the annexed Is a ~'lnted copy, has been regularl)f published in
said Newspaper once each week for / weeks
successively, commencing on the ~/~ day of