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HomeMy WebLinkAboutLL-1993 #14 Local Law No. 14 , 1993 A Local Law in Relation to Definitions 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 100-13 (Definitions) is hereby amended by adding thereto the following: BULKHEAD - A structure or barrier the intended use for which is to separate and act as a barrier between earthen material and water. RETAINING WALL - A structure or barrier the intended use for which is to separate and act as a barrier between two areas of earthen material. II. This Local Law shall take effect upon its filing with the Secretary of State. NYS DEPARTHERT OF STATE BUREAU OF STATE RECORDS 162 Uashington Avenue Albany, NY 12231-0001 DATE: 7/26/93 MUNICIPALITY Town of Southold LOCAL LAW(S) NO. [ YEAR 12-14I 1993 FILING DATE 7/19/93 Local Law Acknowledgment JUDITH TERRY SOUTHOLD ToWN CLERK TOWN OF SOUTHOLD 53095 MAIN RoAD SOUTHOLD NY 11971 00S-~36 (Rev. 6/90)- _) 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 and do not use italics or underlining to indicate new matter. ~ Southold Town Local Law No ..... J-.q- ............................ of the year A local law ....[.n_ __.R_.e_l.a__tj.o..n_ ___t_o._._D._e.f_[_n_[_tj.o_o_.s_ ..... , ......................................................... :_ II. Be It enacted by the ............-T---°-w---n----B-9-a--r--d- ......................................................... of the g~R.J< of ..................... -S--°--q-t-h--°-!-d- ....................................................... as follows: Town Chapter~100 {Zoning} of the Code of the Town of Southold is hereby amended as follows: Section 100-13 {Definitions) is hereby amended by adding thereto the following: BULKHEAD - A structure or barrier the intended use for which is to separate and act as a barrier between earthen material and water. RETAINING WALL - A structure or barrier the intended use. for which is to separate and act as a barrier between two areas of earthen material. 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) (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.) Io fh~l~b~(~,~ t ha ;~;olT;~(~t~g~eoX~d hereto,_$d.~i~t~;~e_d_d' as local law No .............. 'l_.q. .... ~i;.;_~s~fdlb9;.9~. ............. .... 19.9._3., in accordance with the applicable provisions of law. 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 Legi~lati,,e Body) disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ...., ~Elecdve Chief Exeeutlve Officer*) 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 --2 ................................................ on .................. 19 ...., and was (apprOved)(not approved)(repassed after (Name of Legisla~ve Body) ~ disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted (Eleclive Chief Exec~dve Officer*) 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 ox; .................. 19---- , in accordance with the applicable'provisions, of law. 4.- (Stibject 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 Legislatlve Bodyl 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 county legislative body, the mayor ora 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)(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. (SeaO (If any other authorized form of final adoption has 'been followed, please provide an appropriate 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-----1- ...... , above. Clerk of the C4~nty~legislative body, City'Town or Village Clerk' ~ or officer designated by local legislative body JUDITH T. TERRY, TOWN CLERK Date: July. lt/~ 1993 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or · other authorized attorney of locality.) STATE OF NEW YORK cou~rr~ oF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains the correct text and that ali proper proceedings have been had or taken for the enactment of the local law annexed hereto. MATTHEW G. KIERNAN,-ASSISTANT TOWN ~TTORNEY' Title XI~X of Town Date: Southold July 14. 1993 · (3) PUBLIC HEARING SOUTHOLD TOWN BOARD JUNE 29, 1993 8:10 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO DEFINITIONS". Present: Absent: Deputy Supervisor George L. Penny IV Justice Raymond W. Edwards Councilman Thomas W. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Supervisor Scott L. Harris DEPUTY SUPERVISOR PENNY: We'll move with the fifth public hearing of the evening, a "Local Law in Relation to Definitions", to be read by Councilwoman Hussie. COUNCILWOMAN HUSSIE: "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 1st day of June, 1993, a Local Law entitled, "A Local Law in Relation to Definitions". 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 29th day of June, 1993, at 8:10 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Definitions" reads as follows: BE IT ENACTED by the Town Baord of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-13 (Definitions) is hereby amended by adding thereto the following: BULKHEAD - A structure or barrier the intended use for which is to separate and act as a barrier between earthen material and water. RETAINING WALL - A structure or barrier the intended use for Il. which is to separate and act as a barrier between two areas of earthen material. This Local Law shall take effect upon its filing with the Secretary of State. Underscore represents addition(s) Pg 2 - PH IL in rela ~ to Definitions Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: June 15, 1993. Judith T. Terry, Southold Town Clerk." I have verification of publication in The Long Island Traveler-Watchman on June 24, 1993. There is also verification, that it was on the Town Clerk's Bulletin Board in the Southold Town Hall, Main Road, Southold. Two communications, one from the County of Suffolk Department of Planning. Dear Mrs. Terry, Pursuant to the requirements of Sections A. 14-14 to 23 of the Suffolk County Administration Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Signed, Arthur Kunz, dated June 8, 1993. Dated June 15, 1993 from the Planning Board, signed Richard Ward, Dear Mrs. Terry, The Planning Board adopted the following report at its public meeting on June 14, 1993: Be it resolved that the Planning Board has re- viewed this proposed local law which will create definitions for the terms Bulkhead and Retaining Wall. The Planning Board has no comment on this proposed amend- ment. That's all there is. DEPUTY SUPERVISOR PENNY: Thank you, Alice. like to speak on this proposed local Law change? we'll close this hearing. Is there anybody that would (No response.) Hearing none, Southold Town Clerk 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 1st day of June, 1993, a Local Law entitl- ed, "A Local Law in Relation to Definitions." 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 29th day of June, 1993, at 8:10 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Definitions" reads as follows: BE 1T ENACTED by the Town Board of the Town of Southold as follows: L Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as' follows: 1. Section 100-13(Definitions) is hereby amended by adding thereto the following: BULKHEAD -- ,4 struc- ture or barrier the intended use for which is to ~eparate and act as a barrier between earthen material and water. RETAINING W,4LL-- .4 structure or barrier the intend- ed use for which is to separate and act as a barrier between two areas of earthen material. II. This Local Law shall take effect upon its filing with the Secretary of State. ltalic represents 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 15, 1993 JUDITH T. TERRY SOUTHOLD TOWN CLERK 1X-6/24/93(16) COUNTY OF SUFFOL,= STATE OF' NEW YORK Patricia Wood, being duly sworn, says that sbu is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the antlexed is a printed copy, has beel~ ptll~lished in said Long Isla~d I'ravele~-Walchmar~ (~r~cc each week lo~ .................. ~ ....... weeks '~LiCCessivel¥, comn~elqcing on the ........ -.-~'?~74~ ...... Sworn to beflwe me this ......... f~..'~ ....... clay ............ ....... Notary Public BARBARA Am SCHNEIDER NOTARY PUBLIC, State of I','-ew York No. 4806846 Qualified in Suffolk County Commission Expires ~/31/qq