HomeMy WebLinkAboutLL-1992 #01LOCAL LAW NO. 1 . 1992
A Local Law in Relation to Coastal Erosion Management Permits
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 37 (Coastal Erosion Hazard Areas) of the Code of the Town of
Southold is hereby amended as follows:
Article V, Section 37-40(F) of the Code of the Town of SouthoJd is
hereby amended to read as follows:
Fo
When an application is made for a Coastal Erosion Management
Permit, variance thereto, or other form of approval required by
this chapter, and such activity is subject to other permit,
variance, hearing, or application procedures required by another
federal, state or local regulatory agency pursuant to any federal,
state, or local law or ordinance, the ~'o~i~-
(~f~ce~ Board of Trustee~ shall, at the request of the
applicant, consolidate and coordinate the application, permit,
variance and hearing procedures as required by each regulatory
agency into a single, comprehensive hearing and review
procedure. However. nothing contained in this section shall be
deemed to limit or restrict any regulatory agencies, which are
properly a party to such a consolidated review proceeding, from
the independent exercise of such discretionary authority with
respect to the issuance, denial or modification of such permits,
variances or other forms of approval as they may have been
granted by law.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletion(s)
** Underscore represents addition(s)
YS DEPARTMENT OF STATE
~UREAU OF STATE RECORDS
162 Washington Avenue
Albany, NY 12231-0001
1/29/92
DATE;
Local Law Acknowledgment
JUDITH TERRY CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD NY 11971
DOS-236 (Rev, 6/90)
IMUNICIPALITY
town of s~uthold
YEAR
LOCAL LAg(S) NO. 1992
L 1-2
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
.... L cal Law Filing
NEU 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.
]~R~( of SOUTHOLD
Town ........................................................................................................................
Local Law No. 1
-_..~ · ................................................... of the year 19 .9...2....
A local law in Relation to Coasta Erosion Management Permits
(Inser~ Title)
Town Board -
Be it enacted by the ................. ~1'~ ...................................................................................................................... of the
( me of Legislative Body)
:C,~ g~ Southold
Town .................................................................................................................................................. as follows.-
II.
Chapter 37 {Coastal Erosion Hazard Areas) of the Code of the Town of
Southold is hereby amended as follows:
Article V. Section 37-40[F) of the Code of the Town of Southold is
hereby amended to read as follows:
Fo
When an application is made for a Coastal Erosion Management
Permit. variance thereto, or other form of approval required by
this chapter, and such activity is subject to other permit.
variance, hearing, or application procedures required by another
federal, state or local regulatory agency pursuant to any federal.
state, or local law or ordinance, the Board of Trustees shall, at
the request of the applicant, consolidate and coordinate the
application, permit, variance and hearing procedures as required
by-each regulatory agency into a single, comprehensive hearing and
review procedure. However. nothing contained in this section shall
be deemed to limit or restrict any regulatory agencies, which are
properly a party to such a consolidated review proceeding, from
the independent exercise of such discretionary authority with
respect to the issuance, denial or modification of such permits.
variances or other forms of approval as they may have been
granted by law.
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.)
(l) ~
DOS-239 (Rev. 7/90)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local Iegislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 1 of'1992
of the (l~mx,~$)(~ico$)(Town)(k'jdtmgo0 of Southold was duly passed by the
Town Board . on January 21 1992 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 Legmlative Body)
disapproval)~ by the
(Elective Chief Execu~;lve Officer')
in accordance with the applicable provisions of law.
of 19
was duly passed by the
· and was (approved)(not disapproved)(repassed after
and was deemed duly adopted on 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 Legialative Body)
disapproreal) by the on 19 Such local law 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 qualified electors voting thereon at the (general)(special)(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 requesting
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 Legislative Body)
disapproval) by the (Elective Chief Executive Officer~) - on 19 Such local law xvas 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 executh, e 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 tile supervisor of a town where such officer is vested with the po~er to alSprove 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 the City of of 19
having been submitted to referendum pursuan-~o
the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of 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.)
I hereby certify that the local law annexed hereto, designated as local law No.
of the County of of 19
the electors at the General Election of November , State of New York, having been submitted to
19 , pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative Vr~te 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 approJ~ritate certification.)
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 an~l of the whole of such original local' law, and was finally adopted
in the manner indicated in paragraph 1 , above.
(~S eal )
y g~slative body, City, Tower Villag~'-'-~ Clerk
J [ldi r o cer des~gna_ted by 1~ legilsat~e ~y
th ~. ~erry, Town Clerk
Date: January 22 ,1992
(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 SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
pr°ceedings have been had °r taken f°r the enactmell 0~/'~n~exed heret°', ' ~at ur/ d ;~[/{_~ ~"7, ~[_1~'[ '
/
MatthewTitie G. Kiernan, Assistant Town Attorney
Town
Date:
(3)
of Southold
January 22, 1992
PUBLIC HEARING
SOUTHOLD TOWN BOARD
January 21, 1992
4:30 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO COASTAL
EROSION MANAGEMENT PERMITS".
Present:
Absent:
Supervisor Scott L. Harris
Councilman George L. Penny IV
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Justice Raymond W. Edwards (out of town)
SUPERVISOR HARRIS: The first public hearing of the afternoon is going to be
read by Councilman Penny, proof of publication and verification of such.
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 7th day of January, 1992, a Local Law entitled, "A Local Law in Relation
to Coastal Erosion Management Permits". 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 21st
day of January, 1992, at 4:30 P.M., at which time all interested persons will
be heard. This proposed "Local Law in Relation to Coastal Erosion Management
Permits" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 37 (Coastal Erosion Hazard Areas) of the Code of the Town
of Southold is hereby amended as follows:
1. Article V, Section 37-40(F) of the Code of the Town of Southold
is hereby amended to read as follows:
F. When an application is made for a Coastal Erosion
Mangagement Permit, variance thereto, or other form of
approval required by this chapter, and such activity is
subject to other permit, variance, hearing, or application
procedures required by another federal, state or local
regulatory agency pursuant to any federal, state of local
law or ordinance, the Zo~i~j--Eftfo~cemen~-(~f~i~r Board
of Trustees shall, at the request of the applicant,
consolidate and coordinate the application, permit, variance
and hearing procedures as required by each regulatory
agency into a single, comprehensive hearing and review
Pg 2 - PH LL Coastal Frosion Management Permits
procedure. However, nothing contained in this section
shall be deemed to limit or restrict any regulatory agencies,
which are properly a party to such a consolidated review
proceeding, from the independent exercise of such
discretionary authority with respect to the issuance, denial
or modification of such permits, variances or other forms
of approval as they may have been granted by law.
* Overstrike represents deletion(s)
** Underscore represents addition(s)
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: January 7, 1992. Judith T.
Terry, Southold Town Clerk." I have an affidavit of publication by The Suffolk
Times, as affidavit of publication from The Traveler-Watchman, an affidavit of
posting by the Town Clerk, that this has been posted for the proper time on
the Town Bulletin Board. 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, that this
Town Board will be acting upon shortly? (No response.) Hearing none, I'll
declare this public hearing closed.
Judith T. Terry
Southold Town Clerk
PUBLIC NOTICE IS llEREBY
Town of Southold, Suffolk County,
New York. on the 7th day of Jan-
uary, 1992, a Local Law entitled,
NOTICE IS FURTI[ER GIVEN
Law at thc Southold Town Hall,
Main Road, Southold, New York,
on thc 21st day of January,
1992, at 4:30 P.M., at which
follows:
BE iT ENACTED by the Town Board
I. Chapter 37 (Coastal Erosion
Hazard Areas) of the Code of the
amended as follows:
1. Article V, Section 37-40(F)
of the Code of the Town of
mad as follows:
F. When an application is
of approval required by this
chap~e~, and such activity
variance, hearing, or apph-
cation procedures required
addition(s)
STATE OF NEW ~ ,~)
)SS:
COUNTY OF SUFFOLK)
/~'~,~_~ ~ ~,~/~ of Mattituck, in
~ald County, being du~ ~worn, says that he/she is Principal
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
published at 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 rnguledy published in
said Newspaper once eeoh week for ! weeks
successively, commencing on the /(-, ~ day of
IL This Local Law shall take effect
upon its filing with the Secretary
of State.
Copies of this Local Law are avail -
amc in the Office of the Town Clerk
to any interested persons during
business hours.
DATED: January7, 1992.
JUDITH T. q]~RRY
Sworn to before me this
Principal Clerk
COUNTYOF SUFFOL,,
S'I'A'I'IE OF NEW YOP, K ss:
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 Southold,
Suffolk County, New York, on
the 7th day of January, 1992, a
Local Law entitled, "A Lo~ll
Law in Relation to Coastal Ero.
sion Management Permits."
NOTICE IS FURTHER
GIVI~N that the Town Board of
the Town of Southold will hbid
a public heering on the aforesaid
Local Law at the Southold Town
HaU, Main Road, Southold,
New York, on the 21st day of
January, 1992, at 4'.30 P.M. at
which time all interested persons
will be heard.
This proposed "Local Law in
Relation to Coastal Erosion
Management Permits" reads as
follows:
BE IT ENACTED by the
Town Board of the Town of
Southold as follows:
I. Chapter 37 (Coastal Ero-
sion Hazard Areas) of the Code
of the Town of Southold is
hereby amended as follows:
1. Article V. Section 37-40(F)
of the Code of the Town of
Southold is hereby amended to
read as follows:
F. When an application is
made for a Coastal Erosion
Management Permit, variance
thereto, or other form of ap-
proval required by this chapter,
and such activity is subject to
other oermit, variance, hearing,
or application procedures re-.
quired by another federal, state
or local regulatory agency pur-
suant to any federal, state or
local law or ordinance, the [Zon-
ing Enforcement Officer] Board
of Trustees shall, at the request
of the applicant, consolidate
and coordinate the application,
permit variance and hearing
procedures as required by each
regulatory agency into a single,
comprehensive hearing and
review procedure. However,
P,~tricla Wood,' being duly sworn, says that she is the
Editor, oFTHE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Soulhold, in Suffolk County;
and that thc notice of which the annexed is a printed copy,
ILLS heel1 .JiLl) shed h~ ~aid Long Isbnd 'l'ravclur-Walchmar~
oncecnch week For. ....... .~.. weeks
~uccessivefy, commencin~ on the .......... ~ ~
day nl'...~n~.~.~'y ......... ] 99.2...
hlbc£11rc mc lifts . ./~/ ~ d;lyo£
January ' 9 92
nothing confined in this section
shall be deemed to limit or
restrict any regulatory agehcies,
.which are properly a party to
such a consolidated review pro.
ceeding, from the independent
exercise of such discretionary
authority ~ith respect to the is-
suance, denial or modification
of such permits, variances or
other forms of approval as they
may have been granted by law.
*[Bmcket] represents deletion(s)
**Underscore represents
addition(si
II. This Local Law shall take
effect upon its filing with the
Secretary of Stat~
Copies of this Local Law are
available in the Office of the
Town Clerk to any interested
persons during business hours.
DATED: January 7, 1992.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
IX-1/16/92(18)
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, si?re of New York
No. 4806846
?ualilicrl in Suffolk Co~nly/
Commission Expires