HomeMy WebLinkAboutLL-1991 #15 LOCAL LAW NO. 15 1991
A Local Law in Relation to Removal of Excess Topsoil
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Chapter 81 (Soil Removal) of the Code of the Town of Southold is hereby
amended to read as follows:
1. Section 81-4(E) is hereby amended to read as follows:
Removal of excess topsoil or other earth from the area of a subdivision
plat, or from one area of such plat to another area thereof, when
authorized by a special order in writing issued by authority of the ]:owrr
I~ Plannin.~ Board.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletion(s)
** Underscore represents addition(s)
RYS DEPARTMENT OF STATE
BUREAU OF STATE! RECORDS
162 Uashington Avenue
ALbany, NY 12231-0001
DATE: 7/10/91
Local Law Acknowledgment
JUDITH T TERRY
TOWN OF SOUTHOLD
TOWN HALL
53095 MAIN ROAD
SOUTHOLD NY 11971
DOS-2~56 (Rev. 6/90)
MUNICIPALITY -
Town of Southold
LOCAL LAW(S) NO. I YEAR
15 1991
FILING DATE
7/9/91
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a 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.
xC~t~x of Southold
Town
Local Law No. 15 of the year 19 91
A local law ................ !..n......R..e..[a...t.!.o...n.....t..o.....R.,,e..m.,,o.,v,.,a.,1...o.f...E.x..c..e..s...s.....T..gP~9~.! .........................................................
(Ineert Title)
Be it enacted by the ............................... ..T...o...w...n......B...o..a...r..d.. ............................................................................... of the
(Name of Legielative Body)
Southold
~ of .................................................................................................................................................. as follows:
Town
II.
Chapter 81 (Soil Removal) of the Code of the Town of Southold is
hereby amended to read as follows:
1. Section 81-4(E) is hereby amended to read as follows:
Removal of excess topsoil or other earth from the area of a
subdivision plat, or from one area of such plat to another area
thereof, when authorized by a special order in writing issued by
authority of the Planning Board.
This Local Law shall take effect upon its filing with the Secretary
of State.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(I)
- ~qS-239 (Rev.
(Complete the certification ii1 the paragraph that applies to the filing of this local law aud
strike out that 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. 15 of 19 91
of tt~e (Lr?6i~ffi,~lt~)(Town)(~l~i~'O of Southold was duly passed by the
Town Board on July 2, 19 91, in accordance with the applicable provisions of law.
(Name of Legislative 'Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No.
of the (County)(City)(Town)(Village) of
on 19
(Name of Legislative Body)
disapproval) by the and xvas deemed duly adopted on
(Elective Chief Executive Officer~)
in accordance with the applicable provisions of law.
of 19
was duly passed by the
, and was (approved)(not disapproved)(repassed after
19
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
(Name of Legislative.Body)
disapproval) by the on 19 Such local [aw was
(Elective Chief Executive Officer~)
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the quali£ied electors voting thereon at the (general)(spccial)(annual) election held on
19 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requestiug
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
(Name of Legi~latiye Body)
disapproval) by the (Elective Chief Executive Officer~) on 19 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 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
~r village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
(2)
5. (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
~he provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
f a majority of the qualified electors of such city voting thereon at the (special)(general) election held on
19 , became operative.
6. (County local law concerning adoption of Charter.)
~ hereby certify that the local law annexed hereto, designated as local law No. of t9
g[the County of ' , State of New York, having been submitted to
e electors at the General Election of November 19 , pursuant to subdivisions 5 arid 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
6f 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 appropritate certification.)
~ 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 adbpted
in the manner indicated in p~ragraph 1 , above.
(Seal)
Judith T. Terry, Town Clerk
Date: July 3, 1991
~Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
~other authorized Attorney of locality.)
S~FATE OF NEW YORK
dOU~TY OF SUFFOLK
l, 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 t local 1 w annexed hereto.
· 0_...4 ~,._~.~X.g.~u~~ _
I
Matthew G. Kiernan, Assistant Town Attorney
Title
~ of
Town
Southold
Date: July 3, 1991
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
July 2, 1991
4:30 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO REMOVAL OF
EXCESS TOPSOIL".
Present:
Absent:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Councilwoman Ellen M. Latson (ill)
SUPERVISOR HARRIS: At this time we are going to be dealing with a public
hearing, a "Local Law in Relation to Removal of Excess Topsoil", scheduled for
4:30 P.M. At this time, George Penny will read the verification, and publication
of the aforementioned Local Law.
COUNCILMAN PENNY: "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 18th day of June, 1991, a Local Law entitled, "A Local Law in Relation to
Removal of Excess Topsoil". 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 2nd day of July,
1991, at 4:30 P.M., at which time all interested persons will be heard. This
proposed "Local Law in Relation to Romoval of Excess Topsoil" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 81 (Soil Removal) of the Code of the Town of Southold is
hereby amended to read as follows:
1. Section 81-4(E) is hereby amended to read as follows:
Removal of excess topsoil or other earth from the area of the
subdivision plat, or from one area of such plat to another area
thereof, when authorized by a special order in writing issued by
authority of the ff':~..~..=E~l Plannincj Board.
(Overstrike represents deletion, Underscore represents addition).
11. 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
interested persons during business hours. Dated: June 18, 1991. Judith T. Terry,
Southold Town Clerk." I have an affidavit for the publication in The Suffolk
Times, a like affidavit from The Traveler-Watchman, an affidavit of posting from
Pg 2- PH LL in Relation tn Removal of Excess Topsoil
the Town Clerk, that this has been affixed to the Town Bulletin Board for the
appropriate time. There is one communication from the Town Planning Board to
Judith T. Terry, Town Clerk, from Bennett Orlowski, Jr., Chairman. Reason:
proposed Local Law in Relation to Removal of Excess Topsoil, amendment to Section
81-4 (E) of the soil removal ordinance, dated July 2, 1991. The Planning Board
supports this proposed amendment. There are no further communications.
SUPERVISOR HARRIS: At this time, are there any members of the audience, that
would like to speak either in favor or against this Local Law change? (No response.)
Hearing none, I'll declare this public hearing closed.
Judith T. Terry
Southold Town Clerk
pUBLIC II~AItlHO
oN LOCAL LAW
PUBLIC NO~CE IS HEREBY
~ Town Boa~ of ~e Town of
N~CE XS ~RTHER G[VEN
~ ~c T~n ~rd of ~c To~ of
~ld ~ ~ld a puM~ heari~
~ ~ ~o~sMd ~cai ~w at
~old Town Hall, Main
~, New Y~ ~ ~e 2~
~ ~ f~ows:
~ ~ T~ of ~old as fo~ow~:
C~ of &e To~ of Sou~old
R~ ~ ~ t~to~l
(~t~e ~ts
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Sharon Rock of Mattituck, ln
said County, being duly sworn, says that he/she Is Principal
Clerk of THE SUFFOLK TIMES, · Weekly Newspaper,
published Bt Mattltuck, In the Town of Southold, 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 _t weeks
successively, commencing on the 27 day of
June t9 91
COUN-I'Y OF SUFFOL
S'I'A'I'I:_ OF NEW YOP. K
LEGAL NOTICE
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 $outhold,
Suffolk County, New York, on
the 18th day of June, 1991, a
Local Law entitled, "A Local
Law in Relation to Removal of
Excess Topsoil:'
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 2nd day of Ju-
ly, 1991, at 4'.30 P.M., at which
time all interested persons will
be heard.
This proposed "Local Law in
Relation to Removal of Excess
Topsoil" reads as follows:
BE 1T ENACTED by the
Town Board of the Town of
Southold as follows:
I. Chapter 81 (Soil Removal)
of the Code of the Town of
Southold is hereby amended as
follows:
1. Section 81-4(E) is hereby
amended to read as follows:
Removal of exesss topsoil or
other earth from the area of the-
subdivision plat, or from one
area of such plat to another area
thereof, when authorized by a
special order in writing issued by
authority o£ the Planning
Board.
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 interested
persons during business hours.
DATED: June 18, 1991
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1X-6/27/91(85)
- Patricia Wood,' being duly sworn, says that she is the
Eciitor, 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 heen published in said I_ong Islnnd Traveler-Watchman
once each week I'or. .................... 4' ..... weeks
successively, commencing on the ......................
Sworn m before me IhJs . .................... clay o1'
............ ....
Notary Public
BARBARA A. SCHNEIDER
I~OIARY ?UBLIG, st?re ol New York
No. 480G846
Qualified in Suifolk Cogntyl
Commission Expires