HomeMy WebLinkAboutLL-1993 #09LOCAL LAW NO. 9 . 1993
A Local Law in Relation to Excavations
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 to read as follows:
1. Section 100-239.1 (Excavations) is hereby amended to read as follows:
No excavation of any kind shall be permitted except in connection
with the construction in the same lot of a building for which a
building permit has been duly issued. IN the event that a building
operation is arrested prior to completion and the building permit
therefor is allowed to lapse, within six (6) months after the date
of expiration of such permit, the premises shall be cleared of any
rubbish or other unsightly accumulations, and topsoil shall be
replaced over all areas from which such soil may have been
removed. Any excavation for a basement or foundation with a depth
greater than three (3) feet below grade shall be either filled or
surrounded by a substantial fence adequate to deny children access
to the area and adequately maintained by the ho~ter of the
perm~'c owner of the premises.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* Overstrike represents deletion(s)
** Underscore represents addition(s)
NYS DEPARTHERT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
ALbany, RY 12231-0001
DATE: 6/24/93
Local Law Acknowledgment
JUDITH T. TERRY
TOWN OF SOUTHOLD
TOWN HALL
53095 MAIN ROAD
~__ PO BOX 1179
SOUTHOLD NY 11971
DOS-236 (Rev. 6/90)
_1
HUNJCiPALiTY
Town of Southold
LAW(S) NO. J YEAR I FZLI~IG DATE
LOCAL8 thru 10 1993 6/23/93
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
I
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 and do not use
italics or underlining to indicate new matter.
:
)~l~i~X · Southold ' ·
· Town of ..........................................................................................
Local Law No ............. .9_ ...................... of the year 19.-9_-3__
A local law ....[D___R_.e.l.a..t.i.o_.n__._t.o..._E._x_c_.a_.v__a.t_ip..n.~. .....
Be It enacted by the ....................IP..~.D...B..o..~._r..~. ...................... [ ........... .:. ............ of the
]~i~K of Southold -
Town .......................................................................................... as follows:
II.
Chapter 100 {Zoning) of the Code of the Town of $outhold is hereby
amended' to read as follows:
.1. Section 101~-239.1 {Excavations) is hereby amended to read as follows:
No excavation of any kind shall be permitted except in connection
with the construction in the same lot of a building'for which a
building permit has been duly issued. IN the event that a building
operation is arrested prior to completion and the building p.ermit
therefor is allowed to lapse, within six (6) months after the date
of expiration of such permit, the premises shall be cleared of any
rubbish or other unsightly accumulations, and topsoil shall be
replaced over all areas from which such soil may have been
removed. Any excavation for a basement or foundation with a depth
greater than three (3) feet below grade shall be either filled or
surrounded by. a substantial fence adequate to deny children access
to the area and adequately maintained by the owner of the premises.
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.)
~os-~_39 ~P~,.. 7~) (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, desi~znated as local law No ............... _9_._: .......... i ..... of 19-9--3---
-f the tn*"v'~'*~(0~l~)(Town)(~3Ia~g~ of · Sou~[hold was duly passed by the
.~_~_.w_.n_~_..~_.~_?_~ ............................ o~'~J_~_~_!~i~5_-~--~-i'~-~'~;~'c~-~-i}~-t~;'~;~'licable 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 he[eby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (Cgunty)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after.
(Name of Legislative Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ....,
(Elective Chlef Executive Offi~'er*)
in accordance with the applicable provisions 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 Legislative Body) -
disapproval) by the ................................................. on ...... ~ ............ 19 ..... Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote ora 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
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 LegiMative Body)
disapproval) by the .................................................. on --: ............... 19 .... Such local law was subject to
(Elective Chief Executive 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 couhty 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 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 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)(geneml) 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 follbwed, please provide an appropr!ate 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 and of the whole of such original local law, and was finally adopted in the manner in-
dicated'in paragraph .....! ...... , above.
ty g' ' y,~'ty, ' g '~'~ ~
or officer designated by local legislative body
JUDITH T. TERRY, TOWN CLERK
(Seal) Date: June 16, 1993
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
country oF SUFFOLK
I, the undersigned, hereby certify that the foregoing 10calJaw contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local, lav~ann~x~d hereto.
MATTHEW G. KIERNAN,-ASSISTANT TOWN ATTORNEY
Title
X~X of
Town
Date:
Southold
June 16, 1993
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JUNE 15, 1993
4:35 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO EXCAVATIONS".
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 third public hearing of the afternoon,
a "Local Law in Relation to Excavations". Councilman Penny will read the publica-
tion.
COUNCILMAN PENNY: "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
4th day of May, 1993, a Local Law entitled, "A Local Law in Relation to Excava-
tions''. 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 15th day of June, 1993, at 4:35 P.M., at which
time all interested persons will be heard. This proposed "Local Law in Relation
to Excavations" 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 to read as follows:
1. Section 100-239.1 (Excavations) is hereby amended to read as follows:
No excavation of any kind shall be permitted except in connection
with the construction in the same lot of a building for which a
building permit has been duly issued. In the event that a
building operation is arrested prior to completion and the building
permit therefor is allowed to lapse, within six (6) months after
the date of expiration of such permit, the premises shall be
cleared of any rubbish or other unsightly accumulations, and
topsoil shall be replaced over all areas from which such soil may
have been removed. Any excavation for a basement or foundation
with a depth greater than three (3) feet below grade shall be
either filled or surrounded by a substantial fence adequate to
deny children access to the area and adequately maintained by
the ho~de~ o~ ~he I~r~i~ owner of the premises.
Pg 2 - PH LL in rel. to Fvcav.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletion(s)
** Underscore represents addition(s)
Copies of thsi Local law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: June 1, 1993. Judith T. Terry,
Southold Town Clerk." I have an affidavit of publication from The Traveler
Watchman, an affidavit of posting by the Town Clerk, a communication from the
Suffolk County Planning Commission. Pursuant to the requirements of Sections
A 14 to 14 to 23 of the Suffolk County Administrative Code, the above referenced
appplication which has been submitted to the Suffolk County Planning Commission
is considered to be a matter for local determination. A decision of local determina-
tion should not be construed as either an approval or disapproval. Very truly yours,
Arthur H. Kunz. From the Southold Town Planning Board. Dear Mrs. Terry. The
Planning Board adopted the following report at it's public meeting on May 24, 1993.
Be it resolved that the Planning Board has reviewed the proposed modification to
Section 100-239.1 dealing with Excavations and finds that it has no objections.
Sincerely, Richard G. Ward, Chairman.
SUPERVISOR HARRIS: Thank you. Are there any members of the audience, that
would like to speak in reference to this amendment to a Local Law? (No response.)
Hearing none, I declare this public hearing closed.
Southold Town Clerk
LEGAL NOTICE
NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
COUNTY OF SUFFOLK
STATE Of: NEW YORK
ss:
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 4th day of
May, 1993, a Local Law entitl-
ed, "A Local Law in Relation
to Excavations."
NOTICE IS FURTHER
GIVEN that thc Town Board
of the Town of Southold will
hold a public bearing on the
aforesaid Local Law at the
Southold Town Hall, Main
Road, Southold, New York,
on the 15th day of June, 1993,
at 4:35 P.M., at which time all
interested persons will be
beard.
This proposed "Local Law
in Relation to Excavations,"
reads as follows:
BE IT ENACTED by the
Town Board of thc Town of
Southold as follows:
I. Chapter 100 (Zoning) of
the Code of the Town of
Southold is hereby amended
to read as follows:
1. Section
100-239.1 (Excavations) is
hereby amended to read as
follows:
No excavation of any kind
shall be permitted except in
connection with the construc-
tion in the same lot of a
building for which a building
permit has been duly issued.
In the event that a building
operation is arrested prior to
completion and the building
permit therefor is allowed to
lapse, within six (6) mouths
after the date of expiration of
such permit, the premises shall
be cleared of any rubbish or
other unsightly accumula-
tions, and topsoil shall be
replaced over all areas from
which such soil may have been
removed. Any excavation for a
basement or foundation with
a depth greater than three (3)
feet below grade shall be either
filled or surrounded by a
substantial fence adequate to
deny children access to the
area and adequately maintain-
ed by the [holder of the per-
mit] owner of the premises.
11. This Local Law shall
take effect upon its filing with
the Secretary of State.
*[Brackets represent
deletion(s)].
* * Italic represen ts
addition(s}.
Copies of this Local Law
are available in the Office of
the Town Clerk to any in~
terested persons during
business hours.
DATED: June 1, 1993
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1X-6/10/93(28)
Patricia Wood, being duly sworn, says that she is the
Editor, o{ THE LONG ISLAND TRAVELER-WATCHMAN,
a pul:lie newspaper printed at Southold, in Suffolk County;
and ti~at the notice of which the annexed is a printed copy,
has I;ccn published in said I_ong Island 'lravelcr-Watchman
once ~'~1c[1 week for. ...................... /.. weeks
successively, commencing on thc ......... /~ ..........
............. ' ...... ....... .......
Sworn to befoue me Ibis ............ /.~ ...... day of
.... ; ........ ,
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, State 0f New York
No. 4806946
Qualified in Suffolk County
C,ommission Expires