HomeMy WebLinkAboutLL-1995 #17 LOCAL LAW NO. 17 , 1995
A Local Law in Relation to Land Clearing
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 as follows:
INTENT:
The purpose of this ordinance is to allow owners to take advanta,q~
of the existinq veqetation on-site when developinq a landscapinq
plan as part of site plan approval, and to prevent clear cuttinq of
properties prior to site plan approval.
Section 100-259 (Land Clearing) is hereby added to read as
follows:
No person shall undertake or carry out land clearinq, includinq
.qradin.q, clearinq, cuttinq and fillin,q, excavatinq or tree removal
associated therewith, without first havin,q obtained site plan
approval. Weedinq, qardenin,q, mowin.q, and the selective prunin.q of
ve,qetation or selective cuttinq of diseased or dead trees shall not be
included herein. Any landowner found quilty of violatinq this section
shall be fined up to five thousand dollars ($5,000). Site plan
approval shall be withheld until and unless a plant restoration plan
for that site is approved by the Planninq Board.
II. This Local Law shall take effect upon filing with the Secretar~ of State.
* Underline represents additions.
ALEXANDER F. TREADWELL
SECRETARY OF STATE
STATE Of NEW YOrK
DEPARTMENT OF STATE
AlbaNY, NY ~2231-0001
August 16, 1995
JUDITH TERRY TOWN OF SOUTHOLD
TOWN HALL 53095 MAIN ROAD
PO BOX 1179
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 17, 1995, filed 08/14/'95
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
~ ~anic~e~G~ D%r f ~' ~(~
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
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.
· or ................ ............................................................
Town
Local Law No .............. _1_7_. ................... of the year 19- .....
Alnealinw in Relation to Land Clearing
Be it enacted by the .... .T_.o..w_.n.__.B..o..a_.r..d_ ................................................................. of the
CK~ Southold
Town of .......................................................................................... as follows:
Chapter 100 .(Zoning) of.the Code',of the T, own'~ of Southold is _hereby'
amended as follows:
INTENT:
II.
The .purpose of this ordinance is to allow owners to take
advantage of the existing vegetation on-site when developing
a landscaping plan as part of site plan approval, and to prevent
clear cutting of properties prior to site plan approval.
Section 100-2S9 (Land Clearing) is hereby added to read as
follows:
No person shall undertake or carry out land clearing, including
grading, clearing, cutting and filling, excavating or tree removal
associated therewith, without first having obtained site plan
approval. Weeding, gardening, mowing, and the selective
pruning of vegetation or- selective cutting of diseased or dead
trees .shall not be included herein. Any landowner found guilty
of violating this section shall be aCined up to five thousand
dollars ($5,000). Site plan approval shall be withheld until and
unless a plant restoration plan for that site is approved by the
Planning Board.
This Local Law shall take effect upon filing with the Secretary of
State.
(If additional space is needed, attach pages the sam,' size as this sheet, and number each.)
DOS-~9 ~ r~¢~. 7~9~ (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, designated as local law No ........ _1.7_ ......................... of 19-9--5---
of the (~,l~)(~lgJ(ToWn)(~glg,~yo f _..finut~nld ................................................ was duly passed by the
.............. _.T_.b.'.w.'._n__'.B_~_a..r~O~ ............. on-A--u-~-u--s--t---8---- 19_9__5_, 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
~t~ame of Legisladve Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .... ,
(Elecdv~ Ch~ef Execudvt 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
................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after
(Name of £egi~lati~e Body)
disapproval) by the ................................................. on. .................. 19 ..... Such local law was submitted
(Etec~ve Chic[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)(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 o/Legislative Body)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
(Elective Chic/Executive Of~cer*)
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 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 affh-mative vote of a majority of the
qualified electors of suchcity 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 affh'mative 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 lotus 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.
Clerkof tl~otmty legislative body, City, Town or Village~lr
or offi~r designated by local legislative body
Judith T. Terry, Town Clerk
Date: August 9, 1995
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
coum'z o~ Suffolk
I, the undersigned, hereby certify that the foregoing local l[w contains the comet text and that all proper proceedings
have been had or taken for the enactment of the local law a hexed hereto.
Laury L. Dowd, Town Attorney
Title
~ig3x of Southold
Town
Date: August 9, 1995
(3)
IN THE
MATTER
OF
A
PUBLIC HEARING
SOUTHOLD TOWN BOARD
AUGUST 8, 1995
5:00 P.M
PROPOSED "LOCAL LAW IN RELATION TO LAND
CLEARING."
Present:
Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewskl
Councilwoman Alice J. Hussie
Councilwoman Ruth D. Oliva
Councilman Joseph L. Townsend, Jr.
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
COUNCILMAN LIZEWSKI: "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 27th day of June, 1995, a Local Law entitled, A Local
Law in Relation to Land Clearing". 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, 53095 Main Road, Southold, New York,
on the 8th day of August, 1995, at 5:00 P.M., at which time all
interested persons will be heard. This proposed "Local Law in Relation to
Land Clearing" 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 as follows:
INTENT: The purpose of this ordinance is to allow owners to take
advantage of the existing vegetation on-site when
developing a landscaping plan as part of site plan approval
and to prevent clear cutting of properties prior to site
plan approval.
1. Section 100-259 (Land Clearing) is hereby added to read
as follows:
No person shall undertake or carry out land clearing,
including grading, clearing, cutting and filling, excavatlnq
or tree removal associated therewith, without first havinq
obtained site plan approval. Weeding, gardening~ mowing,
and the selective pruning of vegetation or selective cuttinq
of diseased or dead trees shall not be included herein.
Pg.2 - PH
Any landowner found guilty of violating this section shall
be fined up to five thousand dollars ($5,000). Site plan
approval shall be withheld until and unless a plant
restoration plan for that site is approved by the Planning
Board.
II. This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
Copies of this Local Law are available in the Office of the Town Clerk to
any interested persons during business hours. Dated: July 25, 1995. Judith
T. Terry, Southold Town Clerk.~ I have proof of publication on our
Bulletin Board, and The Suffolk Times. I have letters of correspondence.
I'll read them. Pursuant to the requirements of Sections A 1Lt-lU, 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 as there is no apparent
significant county-w~de or inter-community impacts. A decision of local
determination shall not be construed as either an approval or disapproval.
Very truly yours, Stephen M. Jones, Suffolk County Director Planning. The
Southold Town Planning Board, Dear Mrs. Terry, At it's July 10, 1995
meeting, the Planning Board adopted the following reports: The Planning
Board has reviewed the proposed wording whereby the Zoning Code would
be amended to prohibit land clearing in the absence of an approved site
plan; and is in support of its adoption. This amendment should result in
property owners reducing their landscaping costs by keeping existing
vegetation to the greatest extent possible. Richard G. Ward. I have a
letter from RonnJe Wacker, Cutchogue. Sorry I can't be at the hearing on
site clearings because I believe this action is very important to the town.
Too many times we have seen property with hundred old trees bulldozed in
anticipation of construction and then left barren because permits weren't
granted or the developer lost interest. Look at the mess that we have now
on Main Road in Mattituck just west of the McDonald's project where the
owner has cleared the land without bothering to get site plan approval.
Another smaller property on Main Road in the hamlet area of Mattituck
looked much the same when it was scraped bare before the owner decided to
get site plan approval. There are other examples of land scarred by
arrogant builders that we all have seen over the years. The developers
leave and we are stuck with these once wooded areas looking like
moonscapes. It is important that the Town take steps to prevent wholesale
clearing of land by people who have no site plan approval for their proposed
projects. I hope the Board will act to prevent this from happening again. I
believe that's it.
SUPERVISOR WICKHAM: Thank you. One word of just clarification, this
proposed ordinance, that would ban clear cutting prior to site plan, is only
applied to business properties. It is not applied to residential properties.
It essentially says, on business properties, we will not permit clear
cutting of the property until site plan is in place. Would anyone in the
audience like to address the Board on this proposal?
Pg.3 - PH
MARGARET BROWN: My name is Margaret Brown, and I would like to
support the Board in this effort to keep our land wooded and green, until
the last possible minute when definite site plans have been approved, and I
wonder why, or I'd like to know, I can understand an individual lot, a
residential lot, but I wonder what happens when a developer comes in, and
plans to develop several acres. Is he also forbidden from wholesale clearing
of the property, or has that been addressed, because I think it should be?
I think one lot, I don't think anybody would clear it, but I can imagine
that a builder might, in anticipation of putting in a development, and then
not receive site plan approval.
SUPERVISOR WICKHAM: I~m not an authority on development, but my
impression is that most developers like to keep as many trees on their lots
as they can, before houses go in. So, it is oriented to just the business
properties.
MARGARET BROWN: I have seen places where developers intended to put a
subdivision in, for one reason or another, they have essentially cleared,
drawn up the boundaries, even put in the streets, and then left it for
years. Now, that's something that we shouldn't have happen.
COUNCILMAN LIZEWSKI: I think this does address it, in the fact that
anything that has to have a site plan is under this law, and any kind of
development, or subdivision, has to have a site plan. Anything over four
lots would have to have a site plan. Even a minor subdivision would have to
go before the Planning Board, so I believe that it's covered. One lot isn't,
but, certainly, any subdivision at all has to go before the Planning Board.
MARGARET BROWN: I hope that could be clarified.
COUNCILMAN LIZEWSKI: I think it is.
SUPERVISOR WlCKHAM: There are certain major structures, like hospitals,
and things like that, that clearly do have site plans, or multiple housing,
or apartments blocks, or something like that, but I don't think that the
subdivision ordinance, even for major subdivision, calls for site plan, and
consequently, I don't think that this ordinance would take effect with those
subdivisions. That is something the Town could take up at a later date,
but the language that is in front of us today, calls only for the site plan.
MARGARET BROWN: I applied your language today, and I suggest that you
add something that would protect us, also, when it comes to subdivisions.
SUPERVISOR WlCKHAM: Thank you. Would anyone else like to address the
Board on this proposed Local Law? Yes, sir?
KEN LEUDECKER: Ken Leudecker, speaking on behalf of the North
Fork Environmental Council. The North Fork Environmental Council is
pleased to endorse the proposed "Local Law in Relation to Land Clearing~a.
The proposed law accurately corrects the existing oversight in the Town
Code, whereby land clearing is prohibited by an applicant during a site plan
review, but not prohibited if a site plan review process has not yet
been started. In addition, since landowners are required to address
landscaping regulations in site plan review anyway, the proposed law can
Pg.~ - PH
landscaping regulations in site plan review anyway, the proposed law can
only help then in recognizing the cost saving potential of the existing
vegetation. The North Fork Environmental Council believes this proposed
Law in Relation to Land Clearing to be in the best interest of the
community, as well as the commercial end of it. Thank you.
SUPERVISOR WICKHAM: Would anyone else like to address the Board on
this proposed law regarding land clearing? (No response.) If not, I~11
declare the hearing closed.
~ Ju~'th T. Terry //
Southold Town Clerk
PUBLIC NOTICE
GIVEN that th~
to the Town Board ~f *~*'~of
Southold, Suffolk ~e~, ~ York,
on the 27th d~y of $~nt., t~J'5, n Locnl
Relation to l.and
SUDITH T, TERRy
STATE OF NEW YqRK)
) ~S:
COUNTY OF SUFFOLK )
~~~1~ of Mattituck,
in 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 regularly published in said
Newspaper once each week for ~_ weeks
successively, comme~c~.ing on the ~.~ day of
CHRISTINA VOUNSKI
No~r~ Public, State of New Ym, k
No. 5004884 /-~/ PHnclpai Clerk
ualified in Suffolk CounW ( /~'..~
Commission Expires November 2~,
Notary Public
Sworn to b~/ore me this