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HomeMy WebLinkAboutLL-1993 #19LOCAL LAW NO. 19 , 1993 A local Law in Relatlon to Special Exception Fee 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 to read as follows: Section 100-262. (Application; hearing; approval; violations of conditions) is hereby amended to read as follows: An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, which shall review the application for completeness and conformity with this chapter. The Zoning Board of Appeals shall reject the application if it is not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. If the application is satisfactory, the applicant and the Zoning Board of Appeals shall set the application down for a public hearing. The fee for a special exception shall be three h~red dt~[et-s-($300~} four hundred dollars ($400,), as set forth in § 100-274. II. This Local Law shall take effect upon its filing with the Secretary of State, * Overstrike represents deletion(s) ** Underscore represents addition(s) NYS DEPARTMENT OF STATE BUREAU OF STATE RECOROS 162 Uashington Avenue Albany, RY 122~1-0001 DA~E: 9/15/93 Local Law Acknowledgment JUDITH T. TERRY TOWN OF SOUTHOLD TOWN HALL 53095 MAIN ROAD SOUTHOLD NY 11971 DOS-236 (REV. 6/90) LOCAL LAW(S) NO. I YEAR 19 / 1993 F1LING DAT 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 d° not use italics or underlining to indicate new matter. .R~ of ............................. .S.9~.t_ _h. 9_[g'_ .................................... . ........... Town Local Law No ............. .1..9_ .................... of the year 19--9--3- I~ . in Relation to Special Exception Fee A local _aw ................................................... : ........................................................ :_ (Insert Title) Be it enacted by the ..............T.O_~t~.~.o.~£C[ ........................................................ of the X3fOfl Southold of ......... L ................................................ as follows: Town ................................ IL Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended to read as follows: Section 100-252. {'Application: hearing; approval; violations of conditions) is hereby amended to ~Fead as follows: An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals. which shall review the application for completeness and conformity with this chapter. 'The Zoning Board of Appeals shall reject the application if it is not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. If the application is satisfactory, the applicant and the Zoning Board of Appeals shall set the application down for a public hearing. The fee for a special exception shall be four hundred dollars ($400.). as set forth in § 100-274. This Local Law shall take effect upon its filing with the Secretary of State. (If additional space is needed, attach pages the'samo 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 ............. 5tr!k~ 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 ..............1.9_ .... ~ ............... of 19__9_3_ of the (~iK03')(~own)(~flI~e)flof ._._S~ul. ht~ld ................................................ was duly passed by the _._-[_o._w__n__._B..o_a__r_~ ........................... on-Selat._.ll .....19 9.3_, in accordance with the applicable provisions of la~. (Name of Legi~letive 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 tName of Legisletive Body) disapproval)' by the ................................................. and was deemed duly adopted on .................. 19 ...., (Elective Chief Executive 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)Crown)(Village) of ................................................................. was duly passed by the ................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after (Name of ~egislatlye Body) disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted (Elective Chief Executive Offer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority ~f '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 firial adoption because no valid petition was filed requesting ,.. referendum.) I hereby certify that the local law anne. xed 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 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 ordinances. .... (2) 5. (City local law concertflng Charter revision proposed by petition.) I hereby ce~ify that the local law annexed hereto, designated as local 1-aw 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 affmmative 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 !aw concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the County of .............................................. z ..... 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. (Seal) (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 ...... .I. .... , above. Clerk'of'~e Count~ legislative body, City.. Town or Villa~/~ierk or officer designated by local legisLative body JUDITH T. TERRY, TOWN CLERK Date: September 9,. 1993 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STA'gE OF NEW YORK COUNTY 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 law~nnexCd hereto, j} ~. MATTHEW G. KIERNAN, ASSISTANT TOWN ATTORNEY Tille ~ of Town Date: -$outhold September 9, 1993 (3) PUBLIC HEARING SOUTHOLD TOWN BOARD SEPTEMBER 8, 1993 4:30 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO SPECIAl EXCEPTION FEE". 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 have a "Local Law in Relation to Special Exception Fee", which will be presented. Councilman Wickham will read proof of publication, and verification of such Local Law. 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 24th day of August, 1993, a Local Law entitled, "A Local Law in Relation to Special Exception Fee'_'~ 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 8th day of September, 1993, at 4:30 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Special Exception Fee" 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 100-262. (Application; hearing; approval; violations of conditions) is hereby amended to read as follows: A. An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, which shall review the application for completeness and conformity with this chapter. The Zoning Board of Appeals shall reject the application if it is not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. If the application is satisfactory, the applicant and the Zoning Board of Appeals shall set the application down for a public hearing. The fee for a special exception shall be t-h~ee ht~nd, rcd d~la~ ~$31)e~ four hundred dollars ($400.) as set forth in Section 100-274. ' Pg 2 - PH Spec. Exc. F 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 this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: August 25, 1993. Judith T. Terry, Southold Town Clerk." I have before a notice that it has been duly pub- lished in The Long Island Traveler Watchman on the 2nd of September, 1993, and we have two notifications, two letters, one from the Planning Board Office of the Town of Southold, dated 23rd of August. Judith Terry, Town Clerk. Dear Mrs. Terry, The Planning Board reviewed the proposed Local Law in Relation to Special Exception fees, and offers the following observation. In 1992, the Planning Board prepared an official report regarding the raising of fees for the Zoning Board of Appeals. The Board assumed that all pertinent changes to the Code would be made as needed. Accordingly, we see no reason to comment on this proposal to correct an oversight. Sincerely, Richard Ward, Chairman. We have, also, before us a letter from the County of Suffolk Department of Planning. Dear Sir, Puruant to the requirements of Section A 14-14 to 23 of the Suffolk County Administrative 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. Very truly yours, Harold A. Withers, Deputy Director of Planning. I guess that's all I have on this. SUPERVISOR HARRIS: I would like to just mention for a point of clarification, that the increase in this fee took place some time ago. The $400.00 fee has been in place in our Code through all sections. There was section of the Code, that was not amended at the time that the fee change took place, and we are now just amending that section. It was basically an oversight. It was left out of one section of the Code, and it should have been consistent with all other chapters, and that's really all this Local Law intends to do, and will do. I just wanted to bring that to the public's attention. That's strictlyascriyener's error. Is there any individuals either pro or con in reference to this Local Law change? (No response.) If not, I'll declare this public hearing closed. Judith T. Terry Southold Town Clerk LEGAL NOTICE CCUNTY OF SUFFOLK ss: S'I',VI'E OF NEW YORK 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 24th day of August, 1993, a Loc. al Law en- titled, "A Local Law in Rein. tion to Special Exception Fee." NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public bearing on the aforesaid Local Law at the Southnid Town Hall, Main Road, Southold, New York, on the 8th day of September, 1993, at 4'.30 P.M., at which time all interested persons will be heard. This proposed "Local Law in Balation to Special Excep- tion Fee" 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 Southnid is hereby amended as follows: 1. Section 100-262 (Applica- tion hearing; approval; viola- tions of conditions) is hereby amended to read as follows: A. An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, which shall review the applica- tion for completeness and conformity with this chapter. The Zoning Board of Appeals shall reject the application if it is not complete or not in conformance with the Zoning Code and shall notify the ap- plicant as to the reason for such rejection. If the applica- tion is satisfactory, the appli- cant and the Zoning Board of Appeals shall set the applica- tion down for a public hear- ing. The fee for a special ex- ception shali be [three hun- dred dollars ($300.)1 four hun- dred dollars ($400.}, as set fort in Section 100-274. Patricia Wood, being duly sworn, says that she is the Editor, or' THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southo[d, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island 'l'ravelcr-Watcbman once each week for. .................... ~ .... weeks successively, commencing on the ....... ,~'~...'~.. ....... day ol .... ~.='": :., 19. Coworl~ lo befol'e me this ..................... clay of Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Sh!e of ~Lew York Ho 4~!0c3346 C~llTIillJ:iSiO ~1 E×pims II. This Local Law shall take effect upon its filing with the Secretary of State. *[Brackets represent deletion(s).] *n ltalic represents add#ion(s). Copies of this Local Law are available in the Office of the Town Clerk to any in- terested persons during business hours. DATED: August 2~, 1993 JUDITH T. TERRY SOUTHOLD TOWN CLERK IX-9/2/9~(?)