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HomeMy WebLinkAboutLL-1994 #02LOCAL LAW NO. 2 , 1994 A Local Law in Relation to Wetland Applications BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby amended as follows: 1. Section 97-21(G) is hereby amended to read as follows: Go Such application shall be accompanied by a current survey and topographical map of one ,/ear or less with contours at on~-~eot two-foot intervals, showing the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations and soundings shall be based on the United States Coast and Geodetic Survey datum. II. This Local Law shall take effect upon its filin9 with the Secretary of State. Overstrike represents deletions Underscore represents additions NYS OEPARTHENT OF STATE BUREAU OF STATE RECORDS HUN[CIPALITY 162 Washington Avenue Town of Sonthold At~nyo NY 12251-0001 DATE: 4/12/94 LOCAL LAW(S) NO. I Y~R 2 thru 4 1994 JFILING DATE 4/11/94 Local Law Acknowledgment I JUDITH T. TERRY [ TO[~ OF SOUTHOLD TOWN HALL 53095 MAIN ROAD SOUTHOLD NY 11971 D05-236 (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. . t~R3K of .............................. -S-9- -u-t--h- 9-[ -d- .............................................. Town XI~II~X Local Law No ..................2. .................. of the year I9--9--4-- A local law ............ J-n----R--e-!-a--tL°-P---t-9---W--e--tJ-a--n--d----A-p--PJ-i-c-p--t-i-°-P--s- ........................................ II. the Be it enacted by the .................... -'-~-~-L'-'--~s'--~- ................................................. ]I~]X Southold of .......................................................................................... as follows: Town Chapter 97 [Wetlands) of the Code of the Town of Southold is hereby amended as follows: 1. Section 97-21tG) is hereby amended to read as follows: Go Such application shall be accompanied by a current survey and topographical map of one year or less with contours at two-foot intervals, showing the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map-shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations and soundings shall be based on .the United States Coast and Geodetic Survey datum. This Local Law shall take effect upon its filing with the Secretary of State. (If additional space is needed, attach pages the sam,~ size as this sher. t, and number each.) DOS-Z39 (Rev. 7/91) (1) (Comp lete 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 16cai law No ................ 2._.: ................of 19-97---- .Soutliold q~the (~y)[~i~(Town)(kr~41~tg~ of ----~-----:;--; .......... ~-, ...................................... was duly passed by the own ~oarcl · /-', ri ~3, ~q ..... ................................................ on ---P- ............. 19 ...., m accordance w,th the apphcable provisions of ]aw. (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 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 o~Legislative Body) disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .... , (Elective Chief Executive Offtcer*) in 0ccordance 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 rElective Chief Executive 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)(annnal) 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 ~f Legislative Body) disapproval) by the .................................................. on .................. 19 . Such local law was subject to [Elective Chief Executive 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 couaty legislative body, the mayor of a city or village, or the supervisor ora town where such officer is vested with the power to approve or veto local laws or ordinances. 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 .................................... o[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 RiHe 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.) 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 ..... 2_ ..... , above. Clerk of tl~County legislative body, Ci-ty. Town or Vi[~Tge Clerk or officer designated by local legislative body Judith T. Terry, Town Clerk (Seal) Date: April 6, 1994 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK coum~ OF SUFFOLK I, the undersigned, he;eby certify that the foregoing local [axv contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law ~nnexed hereto. Signature "'~-- -~ Laury L. Dowd, Town Attorney Title ~ of Town Date: April 6. 1994 Southold (3) PUBLIC HEARING IN THE MATTER OF A 5OUTHOLD TOWN BOARD APRIL 5. 199~ 8:00 P.M. PROPOSED '[LOCAL LAW IN RELATION' TO WETLAND APPLICATIONS". Supervisor Thomas H- Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilman Joseph L. Townsend. Councilwoman Ruth O. Oliva Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WICKHAM: We'll proceed to the second hearing of the evening, a hearing.a Notice of Public Hearing on "Local Law on Wetland Applications". COUNCILWOMAN HUSSIE: "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 22nd day of March. 1994. a Local Law entitled. "A Local Law in Relation to Wetland Applications". 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 Southotd Town Hall. Main Road. Sauthold. New York on the 5th day of April. 1994. at 8:00 P.M.. at which time all interested persons will be heard. This proposed "Local Law in Relation to Wetland Applications" reads as fotlows: BE IT ENACTED. by the Town Board of the Town of Southold as follows: Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby amended as follows: 1. Section 97-21(G) is hereby amended to read as follows: C. Such application shall be accompanied by a current survey and topographical map of one year or less with contours at one foot two-foot intervals, showing the area from which the removal or in which the deposit of materials is proposed. or in which structures are to be erected, certified by a registered land survey or registered professional engineer. licensed by the State of New York. Such survey and topographical map shatl show the sounds of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations and soundings shall be based on the United States Coast and Geodetic Survey datum. 1-1. This Local Law shall take effect upon its filing with the Secretary of State. w Overstrike represents deletions ~* Understrike represents additions Copies of this Local Law are available in the Office of the Town Clerk to any interested' persons during, business hours. Dated: March 22, 1994. Judith T. Terry." We have Verification of 'it's publication in The Traveler-Watchman, and The Suffolk Times, and also, having been posted on the Bulletin Board maintained by the Town Clerk. We have one communication from the Southotd Board of Trustees, Albert J. Krupski, dated March 28th, reads as follows, the Southold Town Board of Trustees recqmmends the Code change under the Chapter Lp~-u,b in regard to the Boardts Type Two list under SEQRA. This amendmen~ would relieve regulatln9 burden from applicants under our jurisdiction, who propose structure, or activities, that is deemed by the Beard as not environmentally significant. This action would ~etieve them of the SEQRA process, which essentially provides for little protectign of the er3vir~onment'. The applicant is still constrair~ed by the standards set forth in Chaptm- 97 of the Town Code regarding wetlands. Please speed this request for adoption, as it will allow the Beard to operate in a more efficient, consistent manner. Thank you. Signed, Albert J. Krupski. There are no further communications. SUPERVISOR WlCKHAM: Thank you, Are there any comments from the audience on this hearing? (No response. ) Hearing none. I declare the hearing cJosed. Judith T. Terry Southold Town Clerk ~ ~ Town ~ of ~ T~n ~ Southold will ~ i ~ ~ Southo]d Town Hall. Main Road. Southold. New Yo~. on ~e S~ day lime all interestcd persons will bc This proposed "Loeal Law in ~ ~ follows: ~ IT ~A~D. by ~e Town Bo~ ~ ~e Town of Soul.Id ~ follows: I. C~ter 97 (Wetl~s) of ~e C~e of Ibc Town o~ Southold is he.by ~c~ ~ follows: I. Section 97-2](G) is hereby G. Such apphcalion sh~l] ~ ac- vey a~ IO~hica] map ~ ~ with conto~ the ~moval or in which thc posed, or in which st~clu~s acer, liccn~d b7 the State o~ New York. Such survey and to~g~phic~l ~p sh~ll show ~ b~ on ~ ap~vnl local coordinate system. The ver- soundings shall bc based on thc United States Coasl and [I. This L~al L~w shall takc effect u~n its ~ing with ~e S~ of in I~ O~ of I~ Town Cle~ to any inlerested persons during business ~u~. JUDITH T. ~RRY SO--OLD ~WN C~RK 7~1~31 STATE OF NEW YORK) ) SS: said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, 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 regular- ly published in said Newspaper once each week for ~ weeks successively, ~pmmencing on the.~_l_ day of~.~ 19~4.