HomeMy WebLinkAboutLL-1994 #07BE IT ENAC
I. Chaptel
hereby
1. SE
LOCAL LAW NO. 7 , 1994
A Local Law in Relation Salvaging Centers
TED, by the Town Board of the Town of Southold as follow:
· 74 (Salvaging Centers) of the Code of the Town of Southold is
added and shall read as follows:
ction 74-1 (Definitions) is hereby added to read as follows:
orion 74-1 (Definitions). As used in this chapter, the terms used
herein are- defined as follows:
$/~LVAGE CENTER - Shall mean any location where a private
collection of items, exclusive of municipal recyclables, is gathered
reused, recycled, reclaimed and processed for eventual disposal
off-site.
SE
N(
fi~
SE
SE
fo
orion 7L~-2 (Permit Required) is hereby added to read as follows:
orion 7~-2 (Permit Required).
~erson shall engage in or conduct a salvage center on real
opert¥ within the Town of Southold, either for himself or for and
behalf of any other person, directly or indirectly, without
st obtaining a permit therefore as hereinafter provided.
ction 7~-3 (Application and Fee) is hereby added to read as
lows:
ction 7L~-3 (Application and Fee)
The Town Board may grant a permit for a salvage center.
Each applicant for a permit hereunder shall execute under oath
an application therefor to be supplied to him by the Town
Clerk, which shall contain the followin9 information:
1. Location of the operation.
Size and location of access and parkinq.
Location and kind of containers or receptacles.
Storage facilities.
The application shall be accompanied by a fee of $300.00.
:tion 74-~ (Parking and Access) is hereby added to read as
lows:
SE
EaCh salvage
ction 7~-~ (Parking and Access)
center shall provide a macadam or crushed rock base
fob parking and access.
II.
Section 7q-5 (Permit Provisions) is hereby added to read as follows:
~ection 74-5 (Permit Provisions).
The permit shall be granted for the period of time specified by the
Town Board. The permit shall contain such conditions as may be
qecessary to ensure that the proposed operation wi. Il not have an
Idverse effect on the environment, the character of the area, or the
perations of the Town. The permit shall provide that the operation
~hall be conducted pursuant to the terms of the permit or the Town
Code, and upon failure to do so, the 'permit may be revoked
f~3rthwith. Failure to obtain all state, federal or county permits
r~quired for this application shall be a basis for immediate
revocation of this permit.
~S~ection 7~t-6 (Penalties for Offenses) is hereby added to read as
Ilows:
S~ection 7u,-6 (Penalties for offenses).
~he permittee who commits or permits the commission of any violation
of the permit or of the Town Code shall be deemed to have
committed a violation and shall be liable for any such offense or
tl~e penalty therefor. Each day such offense shall continue or be
p~rmitted to exist shall constitute a separate offense.
This L~cal Law shall take effect upon its filing with the Secretary of
State. /
* Under.~core represents addition(s)
iNYS,DEPARTHEtIT OF STATE
*~UREAU OF STATE RECORDS
11~2' Washirtgt on Avenue
Albany, ~¥ I~31-0001
· DATE: 5/i1/94
-:~i LocaI Law: A~kn, ~wledgment
JI~DITH T. T~ RRY
TOWN OF SO~ ~OLD
TOWN HALL
53095 MATN 3AD
· PO BOX 1179
l__ SOUTHOLD N~ 11971
DOR-236 (Rev. 6790)
MUNICIPALITY ~
Town of Southold
LOCAL LA~(S) NO. YEAR I FILIM~' DATE
6 thru8 1994 I 5/9/94
-I
The above-referenced material was received
and filed by this office as indicated.
_1
Additional local law filing forms wiU bc
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 donot use
italics or underlining to indicate new matter.
X0i~x of Southold
Town
7
Local Law No ..................................... of the year 19--~-':---
a I~o~ll~ In Relation to Salvaging Centers
the
Be it enacted by the .............-'-~-"--'-'--~-¥~'--¥. ........................................................
~ Southold
of .......................................................................................... as follows:
Town
Chapter 74 ISalvaging Centers) of the Code of the Town of Southoid is
hereby added and. shall read as follows:
1. Section 74-1 (Definitions) is hereby added to read as follows:
Section 74-1 '(Definitions). As used in this chapter, the terms' used
herein are defined as follows:
SAUVAGE CEN~fER - Shall mean any location where a private
collection of items, exclusive of municipal recyclables, is gathered
reused, recycled, reclaimed and processed for eventual disposal
off-site.
2. Section 74-2 (Permit Required) is hereby added to read as follows:
Section 74-2 (Permit Required).
No person shall engage in or conduct a salvage center on real
property within the Town of Southold. either for himself or for and
on behalf of any other person, directly or indirectly, without
first obtaining a permit therefore as hereinafter prov!ded.
(If additional space is needed, attach pages the samo size as this sheet, and number each.)
Dos -9_39 (Rev. 7/91)
II.
3. Section 7[t-3 (Application and Fee) is hereby added to read as
follows:
Section 74-3 (Application and Fee)
The Town Board may grant a permit for a salvage center.
Each applicant for a permit hereunder shall execute under oath
an application therefor to be supplied to him by the Town
Clerk. which shall contain the fOllowing information:
1. Location of the operation.
2. Size and location of access and parking.
3. Location and kind of containers or receptacles.
4. Storage facilities.
B. The application shall be accompanied by a fee of $300.00.
Section 74-4 IParking and Access) is hereby added to read as
follows:
Section 74-4 (Parking and Access)
Each salvage center shall provide a macadam or crushed rock base
for parking and access.
5. Section 74-5 (Permit Provisions) is hereby added to read as follows:
Section 74-5 (Permit Provisions).
The permit shall be granted for the period of time specified by the
Town Board. The permit shall contain such conditions as may be
necessary to ensure that the proposed opera[ion will not have.an
adverse effect on the environment, the character of the area. or the
operations of the Town. The permit shall provide that the operation
shall be conducted pursuant to the terms of the permit or the Town
Code. and upon failure to do so. the permit may be revoked
forthwith. Failure to obtain all state, federal or county permits
required for this application shall be a basis for immediate
revocation of this permit.
Section 74-6 (Penalties for Offenses) is hereby added to read as
follows:
Section 74-6 (Penalties for offenses).
The permittee who commits or permits the commission of any violation
of the permit or of the Town Code shall be deemed to have
committed a violation and shall be liable for any. such offense or
the penalty therefor. Each day such offense shall continue or be
permitted to exist shall constitute a separate offense~
This Local Law shall take effect upon its filing with the Secretary of
State.
(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, designated as local law No ............... _7_ ...................of lO-~----
of the (~l~)(~l~)(Town)(Sfft~lage) of ............. -S-9--u-t--h-9~[-cl- ........................... ~- .......... was duly passed bv the
___T_O_w__R..B.Q~tt'_0 ........................... on ---M--a_Y---3-J---!-9-9~19 .... , in accordance with the applicable provisions of'law.
(Name of Legislative Body)
2. (Passage by local legislative body with approvai~ 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 Executiv* Of J~aer*)
in accordance with the applicable provisions of law.
3, (FinaI 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 Chiff Execuzive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirrnative vote of a 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 locai 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 Legisla~ve 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 cou nty-
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 concerning Charter revision proposed by petition.)
I hereby ceaify 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)(generat) 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 elector~ 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 ..... _1_ ..... , above.
Clerk of the Co~/ty legislative body, City, Town or Village Clerk ~?
or officer designated by local legislative body
Judith T. Terry, Town Clerk
(SeaO Date: May 4, 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-y oF SUFFOLK
I, the undersigned, hereby certify that the foregoing loqal law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local l~w annexed hereto. ~
Laury L. Dowd, Town Attorney
Title
Southold
Date: May q, 199~,
(3)
PUBUC HEARING
IN THE MATTER
SOUTHOLD TOWN BOARD
APRIL 19.1994
5:05 P.M,
OF A PROPOSED "LOCAL LAW IN RELATION TO SALVAGING
CENTERS".
Present: Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend. Jr.
Councilwoman Ruth D. Olive
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: We'tl move on to the next public hearing.
couNcILWOMAN OLIVA: "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 5th day of April, 1994, a Local Law entitled, "A Local Law in
Relation to Salvaging Centers". Notice is further given that the Town Board of
the Town of Southoid wi)! hold a public hearing on the aforesaid Local Law at
the Seuthotd Town Halt, Main Road, Southold, New York, on the l~th day of
April. 1994. at 5:05P.M.. at which time ali interested persons will be
heard, This proposed "Local Law in Relation to Salvaging Centers~ reads as
follows:
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Chapter 74 (Salvaging Centers) is hereby added to the Code of the
Town of Southold to read as follows:
1. Section 74-1 (Definitions) is hereby added to read as follows:
Section 74-1 (Definitions). As used in this chapter, the terms
used herein are defined as fotlows:
SALVAGING CENTER - Shall mean any location where a private
collection of items, exclusive of municipal recyciables, is
.gathered. reused, recycled, reclaimed and processed for eventual
disposal off-site.
Section 74-2 (Permit Required) is hereby added to read as
follows: Section 74-2 (Permit Required).
No person shall enqaqe in or conduct a salvacje center on real
property within the Town of Southold. either for himself or for
and on behalf of any other person, directly or indirectly, without
first obtaininq a permit therefore as hereinafter provided.
Section 74-3 (Application and Fee) is hereby added to read as
foJtows:
Pg.2 - 4!i9/94 - PH LIJ~lvaging Centers '~.,
Section 7~-3 (Application and Fee).
A_~. The Town Board max/ grant a permit for a salvage center.
Each applicant for a permit hereunder shall execute under
oath an application therefor to be supplied to him by the
Town Clerk. which shall contain the followinq information:
1. Location of the operation.
2__:. Size and location of access and parking.
3_~. Location and kind of containers 'or receptacles.
4. Storefle facilities.
B. The application shall be accompanied by a fee of $300.00.
Section 74-4 (Parking and Access) is hereby added to read as
follows:
Section 74-q (Parking and Access).
Each salvage center shall provide a macadam or crushed rock base
for Parking and access.
Section 7[~5 (Permit'Provisions) is hereby added to read as
follov/s:
Section 74-5 (Permit Provisions).
The permit shall be. granted for the period of time specified by
the Tbwn Board. The permit shall contain such conditions as
may I~e necessary to ensure that the proposed operation will not
have an adverse effect on the environment, the character of the
area. or the operation of [he Town. The permit shah provide
that the oper-dtion~ shall be conducted pursuant to the terms of
the p&rmlt or the Town Code. and upon failure to do so. the
permif may be revoked forthwith, Failure to obtain all state.
federal or county permits required for this application shall be
the b~sis for immediate revocation of this permit.
6. Section 74-6 [Penalties of Offenses) is hereby added to read as
follows:
Section 7~-6 (Penalties for Offenses).
The p'ermittee who commits or permits the commission of any
violatL6n of the permi% or of the Town Code shall be deemed to
hav~ ~omrnitted a violation and shall be liable for any such offense.
or th&' penalty, therefor. Each day such offense shall continue
or'.be !permitted' to. exist shah constitute a separate offense.
Il. This LocaY' Law shall take effect upon its filing with the Secretary of
State.
* Underscore represents additions
Copies of this Local Law are available in the Office of the Town Clerk to any
interested peFsons during business hours. Dated: April 5. 1994. Judith T.
Terry. Southetd Tow,n Clerk." I have an affidavit of publication in The Suffolk
Times. and ~tso. in the 'Traveler-Watchman. and that it was Pasted on the Town
Clerk's Bulletin Board-. I have no communications.
SUPERVISOR WICKHAM:
speak on these pubfic
public hearing.
Is there anyone in the audience, that would like to
hearing? [No response.) WeHt move on to the next
~ Judith T. Terry~/
Southold Town Clerk
' ' ' 5FAIEOFN~
~ LEGAL N~IC[ ..
'PUBLIC HEA~NG : ~d Fee).is hereby added to P~ricia Wood,' bein~ duly sworn, says that sl~ is
· ,'.ON ~CAL LAW , '. ~ 'read ~ follows: '
, , ,: .... ~' ~tion 74-3 (~pplication , ~Editor, o~ TH~ LONG.~SLAND TRA:VELE~-WATCHMA~,
PUBHC NOTICE' IS ""aand Fee). -- ~:~;,~' ~ubl c nc~s~a:ger~p'fi~e~ a~ ~~utha~d. ~,n 5uffo k County
tEREBY G VEN that there ; A ~o Tot.t Board may ¢*~7% , /' ' // d-;; ;< ': 5_. ':t , , .' ;,
'Sou hold ~uR% ~ pm.m. .,~muhere ndershallm*cure L,.', :ce each 5,,'euk' lot ....
~N~ York on the 5th da~ of , , tthder oolh an appHcotton ,: -. :~. . ,.~,: -.
'.~'~i°nNOIICEl° fial~i~iS FURTHERCenter~"' . hcontain the' Jbltowing
I Location of the o~r~iot~ ~L ~ ~
-GI~N that ~e Town Bo~d ' . . .
2, ~t~ a~td ~ ogatt~ n oJac- : ~ ~ % .
~. ~ocaaon and kmd of ~ v ~
t'of the Town of Southold will
~lhold a public h~arifig on thc
aforesaid Local Law at Ihe
.;,Sonthold To~o Hall, Maid
;Road.. Southo[d.'No, v Yolk.
'on the LOth day of April, 1994,
~at 5:05 P.M. a~ which rime all
~imerested person~ w~ he
'.:~, card.
'. ~ 'Thispi'oposed "Local Law
:' ;in Rel,a,t~n .to Salvaging
!Center~ ' reads as ~follov,'s:
.. [, BE iT ENACTED by the
;:l-owrL B6il*rd 6i' tl¥c lov~n of
~'Southolit as folloti's:
Chapter 74 (Salvaging
enters) is hereby added to thc
k'Code of the Tow'n of Somhold
~-.io read hs l~[lo~.s:
~ L -Section.' '/4 ISah'agiag
~Cemers) is hereby added to
~read as i"oIIoivs: .
,. 1. Section 74-1 (Definitions)
~'hereby added to read as
~ollows:'-.~
Section 74-l* (Dqfinitionx/.
,Is. used.fa this chapter, the
~rrris;Usd'd'herein_qre defined
*s follow
'.SALVAGING CE, VI'ER --
ghalf'm~an ah.*, Iocdtion where
a priuate collection of items.
eA'chtxtve o! mttntctpal
Srecyclableg, is gathered: re~ts-
~d reo'cled, t~'laitned and
~roeessed .for eventual
Iisposal Qt'.f-site.
2. Sect[on 74-2 {Permit Re-
~lUh'ed) i~ hereb~ added to read
as follov,,s: Se;'tion 74-2 (Per-
~it Required.
or r~ceptabies.
4. Storae. e.facilitier.
B. The application shall [Je
bt, a fee
4. SecfiOfi-74-4 (par king
added lo read
follow~:
tParkfng and
Each saA'age center shall
SW(11'I1 LO oei~fil'~ ,'/~(' ~l~i~ .... . .. .... ........ day or
base.for pabMa_e, attd
No persoa gh~ll eagage irt
)r cotldttcl a saA age center on
~real proAert., within tie To~n'
5. SCi:lion 74-5 lT~ermit Pro-
is hereby added to
read as follow>:
Seciton 74-5 tPermtt
ThO l~er.'tit shall be granted
the period ~f time
.' the Ton,n Board.
hat..an adverse e. ffect on the
the character of
or the operations of
ttte Town. The permit thall
that the operation
t; !~the terms of ibc permit or lite
Code.
and upon faifare
~.~.-to,-to do so, th~ permit truo be
~ ~revokedforthw{th. Failare to
]',~obtaht all elate, federal or!
}~ t~c°tmt)' permits r~qlttred for
J"~-!this application shall be /he
I]i~basis'of imtrtediate revocatton
.of Jibs perndt.
"y ,Public
BARBARA A, SCHNEIDER
NDTARY- n. RUBLIC, State oJ Naw Yor~
N6. 4~,~4~
5C~.Tl~&~d?idit~C~8~ commtts
~ permits the commission of
~ua[/fl~d n S=.c k 8ounty
any violation of the permit or
~i~f the Town Code shall be
!~.kleemed to have committed a
~iolaZion and shall,be liable
2for any such offense or the
[~penalty therefor. Each day
~such Offense shall ~onK,mue or
i~ be permitted to exist shall con-
.~tftule a Separate offen~e_
~. IL This' Local Law.shali
~mke effect upon tts filing vnth
,~the Secretary of State.
~'~ Italic represents addition(s)
' Copies Of
are available in the Office of
'~he Town Clerk to any in-
re'rested persons during
. >~bosmess hours.
~': Dated: Aprtl, 5,.D94 ~,
' 6. Section 74-6 (Penalties }~; JUDITH T. TERRY
oJ' Southold, euher.far himsel, f
]'~,~. for Offenses) is hereby added · ~;SOUTHOLD~WNCLE~
or for. aOd on beha~ el. any IX471~/9~3)
' ' .~ ~co r~d as ~oHows: '
o,ber p~ric, t, d,'r~,'il, ,:,r in- ~ ~. Section .7~6 (~nMl~s Jbr
t'~ OJfemer). ~
~, p-- uuc'~t L.~W } SS:
__ of Mattituck, in
itmty, being duly sworn, says that he/she
is h~reby ~ [o read as roi-
lb'~Lar°Pe~'~d o~Ca.Q~I w,II nol
h-a.~a~ver~ eff~.~ on ~he
cipal Clerk of THE SUFFOLK TIMES. a
Newspaper, published at Mattituck, in
wn of Southold, Comity of Suffolk and
New York. and that the Notice of which
hexed is a printed copy, has been regular-
[ished in said Newspaper once each week
I. ~b~ptcr. 7~4 I Salsa_eislg. Ccnk, r~) i~-
~oq 74-1 ~ffn;Jion~
· ~AGING CEN~ER __ Jb~. ,
~cd~ 74-~m~ ' ~,se ~ r F~ ~n~re for
-~ou~nld~..eit~r~i~ff :' ~, '~ ,: .... -- .
~6n~ofa~v m~ :II~T~iv'Lo~,L~ s'~[ ake eft'em
Fee) i~ hmh$ ~ zo mad ~ I ~,am~.mmeOnme~f~e tO~'n Ce~ o
~c~Oq 74~on ~ ~ ao~. - :- ~.
be s "ao h~to~.
~he ~nror:
~o~ ~e ac-