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HomeMy WebLinkAboutLL-1992 #02LOCAL LAW NO. 2 . 1992 A Local Law in Relation to Tidal Waters BE IT ENACTED bY the Town Board of the Town of Southold as follows: I. Chapter 97 lWetlands) of the Code of the Town of Southold is hereby amended as follows: II. 1, Section 97-13 (Definitions) is hereby amended to read as follows: TIDAL WATERS - All waters borderin9 on or within the boundaries of the Town of Southold subject to fluctuation in depth from peak lunar, storm or normal tidal action, and including but not limited to all brackish and salt waters of streams, ponds, creeks, estuaries, sounds, bays and inlets. This Local Law shall take effect upon its filing with the Secretary of State. · * Underline represents additions NYS DEPARTMENT OF STATE BUREAU OF STATE RECORDS 162 Washington Avenue ALbany, NY 12231-0001 DATE: 1/29/92 Local Law Acknowledgment I-- JUDITH TERRY CLERK OFFICE OF THE T(TWN CLERK TOWN OF SOUTHOLD 53095 MAIN ~OAD I_ SOUTHOLD NY 11971 DOS-236 (Rev. 6/90) -I _1 MUNICIPALITY town c._ southold LOCAL LAWCS) NO. I' YEAR 1-2 ,'1992 FI~NG D~ The above-referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. -L cai Law Filing NE~ YORK STATE DEPARTMENT OF STATE 162 UASHINGTON AVENUE, ALBANY, qy 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. Town of Sou tho d Local Law No. 2 .,~ - ................................................... of the year 199..2. ..... A local law In Relation to Tidal Waters ¥gi;;j .......................................................................... : ........................................................... Be it enacted by the .... Town Board of ....................................................................................................................................... the (Name of Legislative Body) t~(9( of Southold Town .................................................................................................................................................. as follows: II. Chapter 97 {Wetlands) of the Code of the Town of Southold is hereby amended as follows: 1. Section 97-13 {Definitions) is hereby amended to read as follows: TIDAL WATERS - All waters bordering on or within the boundaries of the Town of Southold subject to fluctuation in depth from peak lunar, storm or normal tidal action, and including but not limited to all brackish and salt waters of streams, ponds, creeks, estuaries, sounds, bays and inlets. 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.) (1) DOS-239 (Rev. ?/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 legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 2 of 19 92 of the ¢C~Xl~tt~. )(~.. )(Town)(~:i:l~) of Sou thold was dui3, passed by the ToWn(Name o£B°ardLegislative Body) on JanUary z I, 19 92 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after dls~pproval 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 (Name of Legisial;ive Bod~) on 19 disapproval) by the (Elec~ive 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 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 Legia. lative Body) disappro-~al) by the (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 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 on 19 Such local law was subject to (Elective Chief Executive Officer') permissive referendum and no valid pe'tition requesting such referendum was filed as of 19 in accordance with the. applicable provisions of-law. YElective 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 ~'here such officer is vested with the po~jer to ap'prove or veto local laws or ordinances. (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 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 ~roting thereon at the (special)(general) election held on 19. , became operative. 6. (County local law concerning adoption of Char,ter.) 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 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 appropritate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that inthetheSamemanneriS a correCtindicatedtranscriptin paragraphtherefr°ml and, above.°f the whole of such original local law, and was finally adopted ('Seal) Clerk of the C/6'unty iegislativ2~x~d¥, C~;y, T~e"-~erk or officer designated by local legilsative b~y Judith T. Terry, Town Clerk Date: January 22, 1992 (Ce~'tification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK CO~JNTY OF SUFFOLK 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 la~v annexed hereto. Matthew G. Kiernan, Assis/tant Town Attorney Title Town of Southold ' Date: January..22, 1992 (3) PUBLIC HEARING SOUTHOLD TOWN BOARD Janaury 21, 1992 ~I .' 32 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO TIDAL WATERS". Present: Absent: Supervisor Scott L. Harris Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Justice Raymond W. Edwards (out of town) SUPERVISOR HARRIS: The second public hearing of the evening a "Local Law in Relation to Tidal Waters" will be read by Councilman Wickham. COUNCILMAN WICKHAM: "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 Local Law in Relation to Tidal Waters". 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 4:32 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Tidal Waters" reads as follows: 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: I. Section 97-13 (Definitions) is hereby amended to read as follows: TIDAL WATERS All waters bordering on or within the boundaries of the Town of Southold subject to fluctuation in depth from peak lunar, storm or normal tidal action, and including but not limited to all brackish and salt waters of streams, ponds, creeks, estuaries, sounds, bays and inlets. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underline represents addition. Copies of this Local Law are available in the Office of the Town Clerk to any Pg 2 - PI~I LL in Relatir to Tidal Waters interested persons during business hours. Dated: January 7, 1992. Judith T. Terry, Southold Town Clerk." I have before me an affidavit from the Town Clerk, that this notice has been published and posted on the Town Clerk's Bulletin Board Southold Town Hall here in Southold, and another affidavit of publication in The Long Island Traveler-Watchman, and one from The Suffolk Times. I have no further communications. SUPERVISOR HARRIS: Are there any members of the audience, that would like to speak either pro, or con, in relation to this Local I-aw? (No response.) I'll declare this public hearing closed. Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE IS ItEREBY GIVEN that there has been present to the Town Board of thc Town of Southold, Suffolk County, New York, on the 7th day of January, 1992, a Local Law entitled, "A Local Law in Relation to Ti- dal Waters". NOTICE IS FURTItER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town llall, Main Road, Southold, New York, on the 21st day of January, 1992~ at 4:32 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Tidal Waters" reads as follows: 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 97-13 (Definitions) is hereby amended to read as follows: TIDAL WATERS -- All waters bordering on or within the boundaries of the Town of Southold subject to fluctuation in depth from peak lunar, storm or normal tidal action, and includkng but not limited to all brackish and salt waters of streams, ponds, Copies of this Local Law are avail- able in the Office of the Town Clerk DATED: January 7, 1992. JUD1Tlt T. TERRY STATE OF NEW YO' }SS: COUNTY OF SUFFOLK) of Mattituck, In said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et 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 rngutadY published in said Newspaper once each week for / weeks successLyely, commencing on the /~'- day of Principal Clerk Sworn to before me this_//~ (~OUN'I'Y OF SUFFOL S'I'A'I'IE 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 Southold, Suffolk County, New York, on the 7th day of January, 1992, a Local Law entitled, "A Local Law In Relation to Tidal Waters." NOTICE IS FURTHER OIVEN ttmt:4he ~a~vn lioe~rc~ D f the Town of Southold will hold a public kearing on the aforssald Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 21st day of Sanoary, 1992, at 4'.32 P.M., at which ~hne all interested pe~ons will be heard. This proposed "Local Law in Relation to Tidal Waters" reads as follows: BE IT ENACTED by tl~e 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 97-13 (l~finitiuns) is hereby amended to read as follows: TIDAL WATERS -- All waters bordering on or within the boundaries of the Town of Southold subject to fluctuation in depth from peak lunar, storm or normal tidal action, and in- cluding but not limited to all brackish and salt waters of streams, ponds, creeks, estuaries, sounds, bays and inlets. *Underline represents addition. 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 1X-1/16/92(7) Patricia Wood,' being duly sworn, says that she is the Editor, of TidE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at S.outhold, in Suffolk County; and that the notice of which the annexed is a printed copy, has hee:~ ,oul)lis~c( in said Long Island 'l'ravelcr-Watchn~lm once each week for. ............. / , weeks successively, commencing on the ........... ~. ~ (lay of...,..T.a, gki.~.y ......... 1 9 9.2. . . II) before me this · /~; ¼ · · . (I;1¥ Of January 92 Nolary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Sl'~te o[ Now York No. 4806846 ,Qualilied in Sullolk Cotjnty! Comnlission Expires ~/31p.q.