HomeMy WebLinkAboutLL-1992 #25LOCAL LAW NO. 29 , 1992
A Local Law in Relation to Height Requirements for Fences or Walls
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
Section 100-231 (Height of fences, walls and hedges) is hereby amended
to read (Height of fences, walls and berms) and shall read as follows:
Fences, walls hedges- or other H've- I~nti~r~ or berms
· withi~t fi'v~ ~5~ Fe~L~ eF the ~*/- Ht-~s- may be erected and
maintained, subject to the following height limitations:
When located in the front yard al~n~ the front ~ I~t'~e-, of
residential zones the same shall not exceed four ([~) feet in
height. When located in the front yard of non-residential zones,
the same shall not exceed six (6) feet in height.
B- When located in or along side and rear yards, the same shall not
exceed six and one-half (6-1/2) feet in height,
-C-.-W~e~ toc-a~ced- other than-il~ the front ya~-area or atol~g sii~e er
rear ~ H~es-,- the san-re- sha+F n~ exceed- ei~jht (8) feet~ i~
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Underline represents additions.
** Overstrike represents deletions.
DATE: 12/I/92
Town of Southold
19 thru 30 1992
12/1/92
,(
Ldc,-i[i:Law ~ACknowledgment
-I
_1
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
Local 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 a nd do not use
italics or underlining to indicate new matter.
XC~ Southold
Town
xYdtl ~4~
Local Law No ..........2__5_ ........................ of the year 19_92_
A local law .............. .[P----R--eJ-a--tJ-°-n--t--°--U-gjg-h--t--.8--e-clu-jZ-e--m--e--n--t-s---f-gy---~-9~R~--9-r--~ [1~- .....
(Insert Title)
Be It enacted by the ............-T-9--w--n----B-9-a-f--ct- ........ ~ ................................................. of the
~ Southold
of .......................................................................................... as follows:
Town
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
Section 100-231 (Height of fences, walls and hedges) is hereby amended
to read (Height of fences, walls and berms) and shall read as follows:
Fences. walls .or berms may be erected and maintained, subject to the
following height limitations:
Ao
When located in the front yard of residential zones the same shall
not exceed four (4) feet in height. When located in the front yard
of non-residential zones, the same shall not exceed six 16) feet in
height.
B. When located in or along side and rear yards, the same shall not
exceed six and one-half 16-1/2) feet in height.
II. 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.)
DOS-239 {Rev. 7,91) (1)
(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, desiznated as local law No ........... .2_.5_ ..................... of 19-9--2---
Southbld
~f the ~--................m~lll3Oj(:~2/cg){Town)(kq~lage) ,of ....... r ...... ~-,: ....... ;-~ ...................................... was duly passed by the
/own t~oaro .vemDer Lo, z - ' licable rovisions of law
................................................ ix~ .................. 19u----, m accordance with the app p .
(Name of LegiJlative 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 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after
(Name of £egislative Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .... ,
{Elective Chlef Executive
in accordance with the applicable provzsmns of law.
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 approved)(repassed after
(Name of £e$islati~e Body)
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted
(Elective Chief Executive Officer*}
to the people by reason ora (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (generat)(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
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 approved)(repassed after
(Name of £eg~slatlve Body~
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
(Elective Chlef Execative Officer*}
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 chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordtnances.
(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 the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ora 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 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 cit-
ies of said county as a unit and 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 certification.)
(Seal)
I further certify that I have compared the preceding local law with the ori~nal 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 in-
dicated in paragraph ..... _1_ ..... , above.
Clerk of t~o~nty legislative body, Ci~ty, Town or Village C~k~'~
2 or officer designated by local legislative body
Judith T. Terry, Town Clerk
Date: November 25, 1992
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality,)
STATE OF NEW YORK
COUh'TY 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, Assistant Town Attorney
Title
x(~ix~ of
Town
xXi~xgex
Southold
Date: November 25, 1992
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
November 2.4, 1992
4:47 P.M.
IN THE MATTER OF THE PROPOSED "LOCAL LAW IN RELATION TO HEIGHT
REQUIREMENTS FOR FENCES OR WALLS".
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
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
SUPERVISOR HARRIS: We'll move on to the next public hearing of the evening,
a "Local Law in Relation to Height Requirements for Fences or Walls", 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 20th day of October, 1992, a Local Law entitled, "A Local Law in Relation
to Height Requirements for Fences or Walls". Notice is further given that the Town
Board of the Town of Southold will held-a public hearing on the aforesaid Local
Law at the Southold Town Hall, Main Road, Southold, New York, on the 24th day
of November, 1992, at 4:47 P.M,, at which time all interested persons will be
heard. This proposed "Local Law in Relation to Height Requirements for Fences
or Walls" reads as fellows:
BE IT ENACTED by the Town Board of the Town of Soutllold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as fellows:
1. Section, 100-231 (Height of Fences, walls and hedges) is hereby
amended to read (Height of fences, walls and berms) and shall
read as follows:
Fences, walls 43edges o~ ot-her-~i~e pte~tt~-n{ls .or berms ~{h~n fi~e
~5~-f~et-o~-the-~ope~t~ I~,es may be erected and maintained
subject to the following height limitations;
A. When located ir] the front yard ~h~ t-he f~3f~t- I~-t-Fif~, of
residential zones the same shall not exceed four {4) feet in
height. When located in the front yard of non-residential
zones, the same shall not exceed six (6} feet in height.
,,, LL height reo.--'-'-em.
B. When located in or along side and rear yards, the same shall
not exceed si~ and one-half (6-1/2) feet in height.
Whe~ located ~t~t~er -t+~t~n- i~ ~ ff~ ~'~ are~ ~ ~ ~
o~ re~ ~ 4~, -~-~m~ s~ ~ ~d-e~h~ ~)-~
~ he~h~.
II. This Local Law shall take effect upon its illin9 with the Secretary of State.
~ Underline represents additions
~ Overstrike represents deletions
Copies of this ~cal Law are available in the Office of the Town Cl~rk to any
interested persons durin~ business hours. Dated: November ~0~ ]992. Judith
T. Terry, Southold To~n Clerk." I h~ve before me certifications, that it has
appeared on the public notice ~oard outside. It has~ al~o, appeared in The Suffolk
Tim~s, and it, also~ has appeared in The Lon~ Island T~vel~r-M~ttitucR Watchman.
A correspondence from the Plannin9 Board dated November ~, ~92, and PII skip
down. Be it resolved that the Southold Town Plannin~ Board has reviewed this
proposed I~isla~on which calls for the deletion of ~he term ~hed~es" and the sub-
st~tution of th~ term "berms" in the section dealin~ with the allowable height of
fences, and walls alon9 lot lines~ and finds that it has n'o objection. Sincerely,
Bennett OrlowsRi. Another correspondence from Su~fol~ County. Pursuant to
the requirements of Sections A 1~-~ to 23 of the Suffolk County Adminstrative
Code, the above refe.renced ~pplication ~hich has b~en-submitt~d to th~ Suffolk
County Plann~n~ ~ommission ~s considered to be a matter for local determination~
and shoul~ not ~ construed as either an approval or disapproval. Very truly
yours, Arthur H. Kurtz. That's all I have.
SUPERVISOR HARRIS: Are there any members of the audience, that would like
to speak in reference to this Local Law amendment?
RUTH OLIVA: Ruth Oliva. I'd like to know why you took the hedges and other'
live plantings out of this ordinance, because it means that a property owner would
have to go to the expense of putting a berm in, and it doesn't say that you..
maybe they want to put something on top of it, how it's going to be constructed.
What's the matter with having hedges along a property line?
COUNCILMAN PENNY: That's what we're suggesting, but it doesn't regulate them.
COUNCILMAN WICKHAM: It eliminates Town control over the vegetative live tree
plantings.
RUTH OLIVA: ;I-hen I have another question. If you have the front )lard, or
the side yard, I think there ought to be some sort of height requirement, even
for live plantings, especially along the fi-ont yard.
COUNCILMAN PENNY: Right now, there is no..
RUTH OLIVA: I~m think specifically, George, that, you know, for the line of
sight coming out of the driveway, or a street. Sometimes there's very high
hedges planted, and they don't properly trim them, and there's a very bad line
of sight problem exiting, or entering these.
COUNCILMAN PENNY: We're talking residential property, and the resident, we
felt concerned, also, but we also felt that the concern of the residential property
owner is to maintain the height of these, then fine, but we didn't want to make
it a Town requirement, because it's their property, and we, also, found that by
the way this law was addressed is that it was only if it was along the property
line, so, all somebody had to do is do exactly the same thing without a permit,
for which there never was one anyway. There was never a fee. There was never
description in the Code, and all they had to do was move in five feet from the
property line, and they could do whatever they wanted anyhow.
RUTH OLIVA: I can list some people ahead of the property line. Okay, thank
you.
SUPERVISOR HARRIS: Are there any other members of the audience, that would
like to speak in reference to this amendment? (No response.) Hearing none,
I'll declare this public hearing closed.
Judith T. Terry
Southold Town Clerk
'- · .'NOTICE
.'~: been
% ~ ~'5~emed ~to td'
~ ~ ~Uuolk C6,.J ,~ '~.~ ~aQa~hold,
~-~ca kfi ..... ~Ober.:a09~ a
~. II '.
~ 'l,mr~'mt.ut~ i - '-, [.lm~ Itt.-
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. I . . .,'" -~,
, .,,: '. ...~.,.,,. ;fi,.
=:.~lim~eC~ to ~he' follo}ving height
?m°t'~eeed four (4) feet
~:' ~r~ight- When located
;~ ~; of npn-r~ide-~
s~(6) feet in height~?t exceed - WSen 16eatea ~along
Side and rea' '
shall -~- r yards, the sa~
t~ , ~'.°3 a~Ceed sk hnd
II. ThN Locil Lm~ s~
~:~ecret~ ~ ~' Idmg with the
~ Under~n~ ~prese .. ·
· OVerstri ~. nts ad~aOns.
Copies of t/tis Loc - .
i~4available 'n t~ ,~ al ka;~ are
~,.~_"" t-~erk to any inte- .m~
~mD. NOVemb'er 10. 19b~f'
SOUTHoL~ TO.~ TERRy
~*~ ~, CLERK
~X-]I, 19/92(28)
COUNTy OF SUFFOLK
STATE OF NEW YORK ss:
Patricia WOod, being duly SWorn
Editor, of THE 'LONG ISEAN
· ?
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.............. . . . '.." ....... X.~r-'t-..~-7..:..~7~
NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE IS HEREBY
s~lI ~ as follows:
~ may be erected and ma~n-
height Bmi~fions:
shall not exceed [~r (4) f~
~d DITI'I T. TERRY
STATE OF N~w Y~K)
) SS.'
C~UNTY OF SUFFOLK)
}~r [~IE/_J~J of Mattituck, in
~d Co~, be~ d~y s~m. ~ ~at he/she
~ ~incipal Clerk of THE S~0LK TI~, a
Wee~y Ne~paper. publ~hed at ~tfit~. ~
the To~ of Sou~ld, Co~ty of S~olk and
S~te of New York, ~ ~at ~e Nofi~ of w~ch
~e ~n~ed ~ a ~ted copy, ~ b~n m~-
ly p~lished ~ ~d Newspa~r once ~ch ~ek
~r ~ ~eks suc~ssi~ely, co~en~i~ on
~e [~ day oi ~9~
l~-inclpal Clerk
Sworn to before me this
day of ~- 10 ~-