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HomeMy WebLinkAboutLL-1995 #25 LOCAL LAW NO. 2s. 1995 A Local Law in Relation to Notice of Public Hearings BE IT ENACTED, by the Town Board of the Town of Southold as follows: INTENT: The intent of this law is to ensure that citizens are ,qiven notice of public hearinqs on actions which will affect a specific parcel of property. All boards will provide notice via newspaper, postinq and mailinq to adiacent owners. This process will ensure uniformity in procedures of the various boards and commissions. Chapter 14 (Local Laws, Adoption of) of the Code of the Town of Southold is hereby amended as follows: 1. Section 14'-6 is added as follows: 6. Rezonin,qs. Prior to adoption of a local law chanqin,q the zoninq of specific parcel(s), notice shall be provided pursuant to Chapter 58. Chapter 58 is hereby added to the Town Code of the Town of Southold as follows: Chapter 58 NOTICE OF PUBLIC HEARINGS 58-1. Providinq Notice of Public Hearinqs. Whenever the Code calls for a public hearinq, this section shall apply. Upon determininq that an application is complete, the board or commission reviewinq the same shall fix a time and place for a public hearinq thereon. The board or commission reviewinq an application shall provide for the qivinq of notice: By causinq a notice qivin,q the time. date, place and nature of the hearin,q to be published in the official newspaper within the oeriod prescribed by law. By requiring the applicant to erect the siqn provided by the Town, which shall be prominently displayed on the oremises facinq each public or orivate street which the prooerty involved in the application abuts, qivinq notice of the application, the nature of the approval sou,qht thereby and the time and place of the public hearinq thereon. The siqn shall be set back not more than ten (10) feet from the property line. The siqn shall be displayed for a period of not less than seven (7) days immediately precedinq the date of the public hearincl. The applicant or his/her aqent shall file an affidavit that he has complied with this [~rovision. C.~ By requirinq the applicant to send notice to the owners of record of every property which abuts, and even/property which is across from any public or private street from the property included in tho, application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearinq on the application, and addressed to the owners at tho addresses listed for them on the local assessment roll. The applicant or aqent shall file an affidavit that he has complied with this provision. III. Chapter 97 (Wetlands of the Code of the Town of Southold is hereby amended as follows: 1. Section 97-24. B ~s amended as follows: B. Hearing. Upon receipt by the Trustees of the report of the conser- vation Advisory Council, the Trustees shall hold a public hearing on such application ..... no* ~'~'" *h-,,, ~,,, /~m days' "'"~"~ t" bu in thc town. Notice shall be provided pursuant to Chapter 58. IV. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-254.H is amended by adding the following: H. If the P!anning~,,,m^---,~ ,~,-+~--,-,,~,,~,~.,,~, ,,,,, ,~ that .... ~,u,- ~..-,,;..,,~; ......... ~ r- ............. ~ ........... y, ............................................. ~ ........... toll *.~..,,, ,~..~.-,..... The Plannin,q Board shall hold a public hearinq to consider the application. Notice shall be provided pursuant to Chaoter 58~ 2. Section 100-254.1 is hereby deleted as follows: 3. Section 100-254.J through Section 100-254. N are hereby renumbered 100-254.1 through 100-254. M. 4. Section 100-275 (Notice of hearing) is hereby amended as follows: A. In all cases where the Board of Appeals is required to hold a public hearing, notice shall be provided pursuant to Chapter 58. in add!tic~ to .... d, ~r ~;o ,~,-,,-,,=~, ~,, o,,~ ~,~,~ r *~ ~ m~il to .... ] ....... :~,.-, ~ ............. d o, ,~ ...... d ...... , ...... .... ~' ~' '~ ................. j ...... UC ............ = ..... to tho owners of mi~ ~,; mo "cwno¢' .......... o~, words ¢ "~,~,, ~, ~., ~ ¢~,.m on the ~ ,-~* ~*~¢~, .......... n of ...... o~;--~ ................... r ............n= notices in ............. h~.. filed ,.,;*h *~ T~. ~ m .... ...... ~,.,10... " .................................. ~ ~ ~ .~d~ ~ .......... ¢ ....P, ~.~, .y wh .... :c the -subje,c-t Tho zonod;o~-' + .. -.~.om....+;,-,,. ,~f such .... ~c ................. propo.'-ty. ................................. ~ .... · ....~-~.,tlonuF; The ..... ;"; .....~ m,-, 7,-.~;,~.-, ~ .... .,,.,,~.~..., . .............. ~ ~ ....................... ~ ..... ~-~ .... btO ~'~ ~'^ ~J;'~'~ ~,-*, ,,~ ............. hat a n, ,m;.- h,-,-,,-i,-,,-, ';;!th ............. ~ ......... ~ ...... d th~+ m ....... to '"~ ..... ..................... ~, 2~d th2t ~ ~+;~ o~ .... ~, Section 100-292 is hereby amended by adding the following: D~ In addition to the above notice requirement, prior to holdinq a publi,; ~earinfl on the rezoninfl, notice shall be provided pursuant to Chapte~ 58~ V. Chapter A106 (Subdivision of Land) of the Code of the Town of Southold is hereby amended as follows: LOCAL LAW NO. 2s. 1995 A Local Law in Retation to Notice of Public Hearings BE IT ENACTED, by the Town Board of the Town of Southold as follows: INTENT: The intent of this law is to ensure that citizens are qiven notice of public hearinqs on actions which will affect a specific parcel of property. All boards will provide notice via newspaper, postinq and mailin~q to adiacent owners. This process will ensure uniformity in procedures of the various boards and commissions. I. Chapter 14 (Local Laws, Adoption of) of the Code of the Town of Southold is hereby amended as follows: 1. Section 14':6 is added as follows: 6_~ Rezonin,qs. Prior to adoption of a local law chanqin,q the zonin,q of specific parcel(s), notice shall be provided pursuant to Chapter 58. II. Chapter 58 is hereby added to the Town Code of the Town of Southold as follows: Chapter 58 NOTICE OF PUBLIC HEARINGS 58-1. Providinq Notice of Public Hearinqs. Whenever the Code calls for a public hearinq, this section shall apply. Upon determininq that an application is complete, the board or commission reviewinq the same shall fix a time and place for a public hearinq thereon. The board or commission reviewinq an application shall provide for the qivinq of notice: By causing a notice qivin,q the time. date, place and nature of the hearinq to be published in the official newspaper within the period prescribed by law. By requirin,q the applicant to erect the si~n provided by the Town, which shall be prominently displayed on the premises facinq each public or private street which the property involved in the application abuts, qivin,q notice of the application, the nature of the approval souqht thereby and the time and place of the public hearinq thereon. The siqn shall be set back not more than ten (10) feet from the property line. The siqn shall be displayed for a period of not less than seven (7) days immediately precedinq the date of the public hearinq. The applicant or his/her a~ent shall file an affidavit that he has complied with this provision. By requirinq the applicant to send notice to the owners of record of every property which abuts, and every property which is across from any public or private street from the property included in thc. application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearin,q on the application, and addressed to the owners at thn addresses listed for them on the local assessment roll. The applicant or aqent shall file an affidavit that he has complied with this provision. III. Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby amended as follows: 1. Section 97-24. B is amended as follows: B. Hearing. Upon receipt by the Trustees of the report of the conser- vation Advisory Council, the Trustees shall hold a public hearing on such application ....... , ,-,,-~- ,~,.,,, ,.-,,,/~m ,~ .... , .... , .o b ~ .o,~n. Notice shall be provided pursuant to Chapter 58. IV. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-254. H is amended by adding the following: H. If the u'~"~"~' .......... ............ r-.-~.--,. The Planninq Board shall hold a public hearinq to consider the application. Notice shall be provided pursuant to Chaoter 58. 2. Section 100-254.1 is hereby deleted as follows: 3. Section 100-254.J through Section 100-254. N are hereby renumbered 100-254.1 through 100-254. M. 4. Section 100-275 (Notice of hearing) is hereby amended as follows: A. In all cases where the Board of Appeals is required to hold a public hearing, notice shall be provided pursuant to Chapter 58. in addition to · ~ .............e ........... nt e .......... the turfs'* -,o~-.-.~o,~,-,* ~ ,~f fh,. -r ..... o[ ~el ,fhr~ ........ '~ ...... · .............................. · .... (5) -= ................ · v ~, ........ = .......... = thc; .................................... ~ ............... in the ferm el- e ..... ~' ............................................... Ir~3-4¢#~ · ~ ....................... ~, ~rty. .... + d +M.- m.-..~..4 Of A.-.,-,,-,-,I.- 0.¢ ~,~,.., TOV.'R O¢ ........ d ............................. ~- ........... , .... the .;.-.h+ 5. Section 100-292 is hereby amended by adding the following: D._= In addition to the above notice requirement, prior to holdinq a publk; hearinq on the rezoninq, notice shall be orovided pursuant to Chapte~ 58. V. Chapter A106 (Subdivision of Land) of the Code of the Town of Southold is hereby amended as follows: LOCAL LAW NO. zs. 1995 A Local Law in Relation to Notice of Public Hearings BE IT ENACTED, by the Town Board of the Town of Southoid as follows: INTENT: The intent of this law is to ensure that citizens are Riven notice of public hearin,qs on actions which will affect a specific parcel of property. All boards will provide notice via newspaper, postinq and mailinq to adiacent owners. This process will ensure uniformity in procedures of the various boards and commissions. I. Chapter 14 (Local Laws, Adoption of) of the Code of the Town of Southold is hereby amended as follows: 1. Section 14'-6 is added as follows: 6.= Rezonings. Prior to adoption of a local aw chanqinq the zoninq of specific parcel(s), notice shall be provided pursuant to Chapter 58. II. Chapter 58 is hereby added to the Town Code of the Town of Southold as follows: .. Chapter 58 NOTICE OF PUBLIC HEARINGS 58-1. Providinq Notice of Public Hearinqs. Whenever the Code calls for a public hearinq, this section shall apply. Upon determininq that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearinq thereon. The board or commission reviewinq an application shall provide for the givinq of notice: By causinq a notice .qivin.q the time, date, place and nature of the hearinq to be published in the official newspaper within the period prescribed by law. By requirinq the applicant to erect the siqn provided by the Town, which shall be prominently displayed on the premises facinq each public or private street which the property involved in the application abuts, ,qiving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The siqn shall be set back not more than ten (10) feet from the property line. The siqn shall be displayed for a period of not less than seven (7) days immediately precedinq the date of the public hearinq. The applicant or his/her aqent shall file an affidavit that he has complied with this provision. By requirin,q the applicant to send notice to the owners of record of every property which abuts, and every property which is across from any public or private street from the property included in th~. application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearinq on the application, and addressed to the owners at thc. addresses listed for them on the local assessment roll. The applicant or aqent shall file an affidavit that he has complied with this provision. Ill. Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby amended as follows: 1. Section 97-24. B is amended as follows: B. Hearing. Upon receipt by the Trustees of the report of the conser- vation Advisory Council, the Trustees shall hold a public hearing on such application ....... ;" thc town. Notice shall be provided pursuant to Chapter 58. IV. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-254. H is amended by adding the following: /4 m ,~ ...... ;'"" ~'"' *~'~' d2te of such ........ ~awcH%~scace~. The Planninq Board shall held a public hearinq to consider the application. Notice shall be provided pursuant to Chapter 58. 2. Section 100-254.1 is hereby deleted as follows: 3. Section 100-254.J through Section 100-254. N are hereby renumbered 100-254.1 through 100-254. M. 4. Section 100-275 (Notice of hearing) is hereby amended as follows: A. In all cases where the Board of Appeals is required to hold a public hearing, notice shall be provided pursuant to Chapter 58. ;'" "~*; ......... on to 2 ~h .....on +he ....... + ......... * ~,, O¢ +hO 'rc'"n of .................................................... ~T~E ,~}~Of ~'" ...... ,.-, ..... on. (3) Tho .... district c!'-o~;¢;~,-*;~,,- ,- ,- Ch ..... .................... f ..... ~. ~,~y. 5. Section 100-292 is hereby amended by adding the following: D~ In addition to the above notice requirement, ~rior to holdinq a public hearin,q on the rezoninq, notice shall be provided pursuant to Chapter Chapter A106 (Subdivision of Land) of the Code of the Town of Southold is hereby amended as follows: LOCAL LAW NO. 2s ~ 1995 A Local Law in Relation to Notice of Public Hearings BE IT ENACTED, by the Town Board of the Town of Southold as follows: INTENT: The intent of this law is to ensure that citizens are qiven notice of public hearings on actions which will affect a specific parcel of property. All boards ,,viii provide notice via newspaper, postinq and mailing to adjacent owners. This proc~s will ensure uniformity in procedures of the various boards and commissions. Chapter 14 (Local Laws, Adoption of) of the Code of the Town of Southold is hereby amended as follows: 1. Section 14':6 is added as follows: 6. Rezoninqs. Prior to adoption of a local law changing the zoning of specific parcel(s), notice shall be provided pursuant to Chapter 58. Il. Chapter 58 is hereby added to the Town Code of the Town of Southold as follows: .. Chapter 58 NOTICE OF PUBLIC HEARINGS 58-1. Providinq Notice of Public Hearinqs. Whenever the Code calls for a public hearinq, this section shall apply. Upon determining that an application is complete, the board or commission reviewinq the same shall fix a time and place for a public hearinq thereon. The board or commission reviewinq an application shall provide for the qivinq of notice: By causinq a notice .qivinq the time. date, place and nature of the hearinq to be published in the official newspaper within the period prescribed by law. By requirinq the applicant to erect the si.qn provided bv the Town. which shall be prominently displayed on the premises facinq each public or private street which the property involved in the application abuts, qivinq notice of the application, the nature of the approval souqht thereby and the time and place of the public hearinq thereon. The sign shall be set back not more than ten (10) feet from the property line. The siqn shall be displayed for a period of not less than seven (7) days immediately precedinq the date of the public hearino. The applicant or his/her aqent shall file an affidavit that he has complied with this provision. C._: By requirinR the applicant to send notice to the owners of record of every property which abuts, and every property which is across from any public or private street from the property included in thc, application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearinq on the application, and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or a,qent shall file an affidavit that he has complied with this provision. III. Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby amended as follows: 1. Section 97-24. B is amended as follows: B. Hearing. Upon receipt by the Trustees of the report of the conser- vation Advisor~ Council, the Trustees shall hold a public hearing on such application~. ....... ........... ........ lOI i~a-t4:~¢¢~. Notice shall be provided pursuant to Chapter 58. IV. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-254. H is amended by adding the following: ................ ~ .................. r-~,,~, ,~, ,, ,~ ,~ ~oc~ss~,-'/, it ........................... $~,,mo , ~,,..., ................,, ,~,.~.,.,~..,. The Planninq Board shall hold a public headnq to consider the application. Notice shal~ be provided pursuant to Chaoter 2. Section 100~254.1 is hereby deleted as follows: P. 3. Section 100-254.J through Section 100-254. N are hereby renumbered 100~254.1 through 100-254. M. 4. Section 100-275 (Notice of hearing) is hereby amended as follows: A. In all cases where the Board of Appeals is required to hold a public hearing, notice shall be provided pursuant to Chapter 58. ;-' .,,~,4m~.., .................. ~ .......... ~, v~ ....... ~.ply t~heb~ ~ard--o, ......................... ~ ':ar',ance, ~f.~:~4a~4ff~Fon~. 5. Section 100-292 is hereby amended by adding the following: D_~ In addition to the above notice requirement, prior to holdinq a publi~; I?earin,q on the rezoninq, notice shall be provided pursuant to Chapte~ 58._.~ V. Chapter A106 (Subdivision of Land) of the Code of the Town of Southold is hereby amended as follows: 1. Section A106-23E(1) is hereby amended as follows: E. Hearing and action on preliminary plat. (1) Within forty-five (45) days after the receipt of such preliminary plat by the Clerk, the Planning Board shall hold a public hearing Ihere- on, which shall be a~,e,'-tJs~.~ ~. ~, ,Ge-at. ,..¢.-st~, ;~ (c~ ~ .... ~ ..... ~ provide~uant to Chapter 58_." 2. Section A106-24E is hereby amended as follows: I~... Public hearing. Within forty-five (45) days of the submission of a plat in final form for approval by the Planning Board, a hearing shall be held by the Planning Board thereon, wl~:~h -~-~ · ~rovided ' notice of which shall be pursuant to Chapter 58:_ provided, however, that when the Planning BOard deems the final plat to be in substantial agreement with the preliminary plat approved and modified in accordance with requirements of such approval, if such preliminary plat has been approved with modification, the Planning Board may waive the requirements for such public hearing. VI. This Local Law shall take effect upon filing with the. Secretary of State. Underline represents additions. Strikethrough represents deletions. ~LEXANDER F. TR£ADWELL ~ECRETARY OF ~TATE STATE Of NEW YORK DEPARTMENT OF STATE ALBANY, NY 12231-0001 January 11, 1996 JUDITH TERRY TOWN OF SOUTHOLD TOWN HALL 53095 MAIN ROAD PO BOX 1179 SOUTHOLD, NY 11971 RE: Town of Southold, Local Law 25, 1995, filed 01/03/96 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, ~. ~, ~attei_ce G. Durfee -*Principal File Clerk Bureau of State Records (518) 474-2755 JGD:ml ~ printed on recycled paper 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 n.ot include matter being eliminated and do not use italics or underlining to indicate new matter. . Cl~yx ~ Southold Town ut .......................................................................................... Local Law No ..... .2_5_ ............................. of the year 19-9-5___ A locallaw in Relation to Notice of Public Hearin!]s .. Town Board . Be It enacted by me ......................................................................................... of the ~tt~t or Southold Town ........................................................................................... as follows: INTENT: The intent of this law is to ensure that citizens are given notice of public hearings on actions which will affect a specific parcel of property. All boards will provide notice via newspaper, posting and mailing to adjacent owners. This process will ensure uniformity in procedures of the various boards and commissions. I. Chapter 14 (Local Laws, Adoption of) of the Code of the Town of Southold is hereby amended as follows: 1. Section 14-6 is added as follows: 6.. Rezonings. Prior to adoption of a local law changing the zoning of specific parcel(s), notice shall be provided pursuant to Chapter 58. II. Chapter 58 is hereby added to the Town Code of the ToWn of Southold as follows: Chapter 58 NOTICE OF PUBLIC HEARINGS 58-1. Providing Notice of Public Hearings. Whenever the Code calls for a public hearing; this section shall apply. Upon determining that an applica- tion is complete, the board or commission reviewing the same shall fix a (If additional space is needed, attach pagqs the sam~ size as this sheet, and number each.) DOS-~9 (R¢~. 7/9~) (1) time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. By requiring the applicant to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the prop- erty line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. By requiring the applicant to send notice to the owners of record of every property which abuts, and every property which is across from any public or pdvate street from the property included in the applica- tion. Such notice shall be made by certified mail, return receipt re- quested, posted at least seven (7) days prior to the date of the initial public hearing on the application, and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that s/he has complied with this provision. III. Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby amended as follows: 1. Section 97~24. B is amended as follows: Hearing.- Upon receipt by the Trustees of the report of the conser- vation Advisory Council, the Trustees shall hold a public hearing on such application. Notice shall be provided pursuant to Chapter 58. IV. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 1.00-254. H is amended as follows: H. The Planning Board shall hold a public hearing to consider the application. Notice shall be provided pursuant to Chapter 58. (2) 2. Section 100-254.1 is hereby deleted in its entirety. 3. Section 100-254. J through Section 100-254.N are hereby renumbered 100-254. I through 100-254. M. 4. Section 100-275A (Notice of h~aring) is hereby amended as follows and (1) through (7) are deleted in their entirety: A. In all cases where the Board of Appeals is required to hold a public hearing, notice shall be provided pursuant to Chapter 58. 5. Section 100-292 is hereby amended by adding the following: In addition to the above notice requirement, prior to holding a public hearing on the rezoning, notice shall be provided pursuant to Chapter 58. V. Chapter A106 (Subdivision of Land) of the Code of the Town of Southold is hereby amended as follows: 1. Section A106-23E(1) is hereby amended as follows: E. Hearing and action on preliminary plat. (1) Within forty-five (45) days after the receipt .of such preliminary plat by the Clerk, the Planning Board shall hold a public hearing there- on, notice of which shall be provided pursuant to Chapter 58. 2. Section A106-24E is hereby amended as follows: Public hearing. Within forty-five (45) days of the submission of a plat in final form for approval by the Planning Board, a hearing shall be held by the Planning Board thereon, notice of which shall be provided pursuant to Chapter 58; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with the preliminary plat approved and modified in accordance with require- ments of such approval, if such preliminary plat has been approved with modification, the Planning Board may waive the requirements for such public hearing. VI. This Local Law shall take effect upon filing with the Secretary of State. (3) (Complete the certification in the paragraph that applies to the filing of this Ioc~l taw arid strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I herel~y certify that the local law annexed hereto, designated as local law No. ___2__5_ .............................. of 19-9--5--- of£he (~f~ ~'~ .~i~f){Town)(~ll~ of .... .S_ _o_ _u_ _t_h_ _o_ [ _d_ ............................................... was duty [tossed by the .... J-P--w--n----tg-9-a-£9- ......................... on ___.D..e..c......2.7.... 19 ~9_~, in accordance with the applicable provisions of law. (Nam e o1' I. eglslati~e Body) 2. 0Passage 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)0epassed after (~la.m~ of. Leglslati~.~ Body} disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ...., in accordance wil h the applicable provisions of law. 3. (Final adoption by referendum.) t 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$latlve disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted to the p?ople by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(speeial)(annual) election held on ................ 2- 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 taw 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 sub~ect to 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 villag% or the supervisor of a 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)(3'7) 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 taw 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 o£ said county as a unit and a majority o£ 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.) (Seal) I further certify that I have compared the preceding local law with the original on tile in this office and that the same is a correct transcript therefrom and of the whole of such odginal local law, and was finally adopted in the manner in- d ica ted in pa ra graph ..... .t .....,a bore. ~ ~ ,' ~ ~';~-'~ ~~.2/~__..~ ~, ~ ~ ~r- Clerk o~e Co~ty legislative body, Ci~, Town or Village Cl~f~ or officer designated by local legislative body_, . ,. Judith T. Terry, Town ~,erK December 28, 1995 Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, .Village Attorney or other authorized attorney of locality.) t ST^I'S O~ "SW ~jI~FO LK CODNTY OF I, the undersigned, hereby certify that t~e foregoing ~ocal law contains the correct text and that all proper proceedings have been had °r taken t[°r the enactment °f the l°calllaw annexed heret°' Laury L.Dowd, Town Attorney Tille ~ of Southold Town Date: December 28, 1995 (~ ON THE PROPOSED PUBLIC HEARING SOUTHOLD TOWN BOARD DECEMBER 27, 1995 5:00 P.M. "LOCAL LAW IN RELATION TO HEARINGS." Present: Absent: Supervisor Thomas H. Wickham Councilwoman Alice J. Hussie Councilwoman Ruth D. Oliva Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd Councilman Joseph J. Lizewski Councilman Joseph L. Townsend, Jr. SUPERVISOR WICKHAM: We have a public hearing today, and R~I~ v,~JH read the notice of 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 28th day of November, 1995, a Local Law entitled, "A Local Law in Relation to Notice of Public Hearings". 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 27th day of December. 1995. at 5:00 P.M., at which time all interested persons will be heard. This proposed "Local La~v in Relation to Notice of Public Hearings" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: INTENT: The intent of this law is to ensure that citizens are qiven notice of public hearinqs on actions which will affect a specific parcel of property. All boards will provide notice via newspaper, posting and mailinq to adjacent owners. This proc'~,ss will ensure uniformity in procedures of the various boards and commissions. pg 2 P.H. II. Chapter 14 (Local Laws, Adoption of) of the Code of the Town of Southold is hereby amended as follows: 1. Section 14'6 is added as follows: 6. Rezoninqs. Prior to adoption of a local law chanqinq the zonino of specific parcel(s), notice shall be provided pursuant to Chapter 5R Chapter 58 is hereby added to the Town Code of the Town of Southold as follows: Chapter 58 " NOTICE OF PUBLIC HEARINGS 58-1. Providinq Notice of Public Hearinqs. Whenever the Code calls for ~ public hearinq, this section shall apply. Upon determininq that an application is complete, the board or commission reviewinq the same shall fix a time and olaca for a public headnq thereon. The board or commission reviewinq an aopl cat on shall provide for the oivinq of notice: By causinq a notice qivinq the time, date, place and nature of the hearinq to be published in the official newspaper within the period prescribed by law. By requihnq the applicant to erect the sion provided by the Town. which shall be prominently dis:21ayed on the premises facinq each public or private street which the property involved in the application abuts, qivinq notice of the application, the nature of the aoprovat souqht thereby and the time and place of the public hearinq thereon. The siqn shall be set back not more than ten (10) feet from th~ property line. The siqn shall be displayed for a period of not less than seven (7) days immediately precedinq the date of the oubtic hearino. The applicant or his/her aqent shall file an affidavit that he has complied with this provision. By requirin.q the applicant to send notice to the owners of record of every property which abuts, and every property which is across from any public or private street from the property included in the application. Such notice shall be made by certified mail. return receipt requested, posted at least seven (7) days prior to the date of the initial public hearinq on the application, and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or aqent shall file an affidavit that he has complied with this provision. pg 3 P.H. III. Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby amended as follows: 1. Section 97-24. B is amended as follows: Hearing. Upon receipt by the Trustees of the report of the conser- vation Advisory Council, the Trustees shall hold a public hearing on such application ....... * ,..¢c ,~..... ,..../~m ,~ .... ' "'"*;"~' *" bo i,m-t¢~¢~. Notice shall be provided pursuant to Chapter 58. IV. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: Section 100-254. H is amended by adding the following: to':m nc':,'spcpcr. The Planninq Board shall hold a public hearinq to consider the application. Notice shall be provided ~ursuant to Chapter 58. 2. Section 100-254.1 is hereby deleted as follows: b Section 100-254.J through Section 100-254. N are hereby renumbered 100-254.1 through 100-254. M. 4. Section 100-275 (Notice of hearing) is hereby amended as follows: A. In all cases where the Board of Appeals is required to hold a public hearing, notice shall be provided pursuant to Chapter 58. !~ 2dd!t!~n to ~ ......... ln~l pg ~ P.H. r~ .................. h~l~ ~.q~,' ;'"+'-"-"~'+ in .-, ........ ~; ..... ............... · ~ ~'~ --j ............ prepo.,?/which ;~' ~ .... ~;'-'"'+ af such ............................ ~ ................... o ..... -.~ .............. ~..-~.... ~.. ~ ........... ............................ ;, ..................................................· ... petition 5. Section 100-292 is hereby amended by adding the following: D_~ In addition to the above notice reeuirement, orior to hoidino a public hearinq on the rezoninq, notice shall be provided oursuant to Chapter 58. V. Chapter A106 (Subdivision of Land) of the Code of the Town of Southoid is hereby amended as follows: pg 5 P.H. 1. Section A106-23E(1) is hereby amended as follows: E. Hearing and action on preliminary plat. (1) Within forty-five (45) days after the receipt of such preliminary plat by the Clerk, the Planning Board shall hold a public hearing there- on, which shall be ~'~"-'"*~'-'~ -,~ ~ ....... e ~+ ~""* n,,~, f~ ~ provided pursuant to Chapter 58. 2. Section A106-24E is hereby amended as follows: Public hearing. Within forty-five (45) days of the submission of a plat in final form for approval by the Planning Board, a hearing shall be held by the Planning Board thereon, ,.,~.-~.. .................. ~, ..... + ~""~+ ¢"'" f~ '~ .... ~'~'~ ....... ~' ~'"'*"~"" notice of which shall be provided pursuant to Chapter 58: provided, however, that when the Planning Board deems the final plat to be in substantial agreement with the preliminary plat approved and modified in accordance with requirements of such approval, if such preliminary plat has been approved with modification, the Planning Board may waive the requirements for such public hearing. VI. This Local Law ~hall take effect upon filing with the Secretary of State. * Underline represents additions. ** Strikethrough represents deletions. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: December 12, 1995. Judith T. Terry, Southold Town Clerk." I have notification of it's publication in The Suffolk Times, and then it has been published on the Town Clerk's Bulletin Board by Judith T. Terry. We have one letter here. Dear Mrs. Terry, at it's meeting of December 11th, the Planning Board agreed to forward to the Town Board its recommendations on the proposed Local Law in Relation to Notice of Public Hearings. The Board supports this legislation because it finds that publication of legal notice in an official newspaper is not sufficient notice. Further, the Board members agree that the site plan approval procedure should take place after a duly advertised public hearing. Please contact this office if you have any questions regarding the above. Sincerely, Richard C. Ward, Chairman. That's all the communications I have. SUPERVISOR WICKHAM: You've heard the reading of the public hearing. I should just llke to summarize briefly to say that the intent of this is to pull together one common set of presentations to the public between the Planning Board, the Zoning Board, the Town Board, whenever there's going to be a public notice of some kind in regard to some property, that the pg 6 P.H. notice will be given in a consistent fashion, spelled out the way she described it. Is there anyone in the audience, who would like to address the Board on the matter of this public hearing? (No response.) Going, going, gone. In that case, I'd like to call this hearing to a close. Judith T. Terry ~/ Southold Town Clerk NOll~g O~ PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE IS HEREBY GIVEN thai there has been presented to lhe Town Board of the Town of Somhold, Suffo[k Connty, New York, on the 28th day of November, 1995, a Local Law emided. "A Local Law in Relation to Nolice of Public Hearings". NOTICE iS FURTHER GIVEN that the Town Board of the Town of Soulhold will hold a public hearing on Ihe aforesaid Local Law al the Somhold Town Hall. 53095 Main Road. Soulhold, New York, on Ihe 27th day of December. 1995. al 5:00 EM., at which time all interested per- sons will be heard. This proposed "Local Law in Relation to Notice of Public Hear- ings" reads as follows: BE IT ENACTED, by the Town Board of the Town of Southold as fei- INTENT: The intent of this law is to of oablic hearings on actions which will affect a s~ecific narcel of oron- er~v. All boards will provide notice via newspaper, nesting and mailing lo adiacent owners. This process will ensure uniformity in procedures of }ho ¥0rious boards and commissions. L Chapter 14 (Local Laws, Adoption oD of the Code of the Town of Southold is hereby amended as foi- l. Section I4-6 is added as follows: 6~ ~,ezonines. Prior to adoption of a local law chancing the zoning of specific oarcelIsL noliee shall be provided our- suant to Chapter 58. 11. Chapter 58 is hereby added to the Town Code of the Town of Southold as follows: Chapter 58 NOTICE OF PUBLIC HEARINGS 1. $8- I. Providing Notice of Public Hearings. Whenever the Code calls for a vublic hearing, this section shall aonlv. Upon deter- minin~ that an anolication is complete, the board or commis- ~i0n reviewing the same shall fix a time and place for a Public hearin~ thereon. The board or commission reviewimt an anoli- cation shall provide for the ely- the time. date. nlaee and na- ture of the hearing to be pub- lished in the official newspa- per with the netted orescrihed by law. [L By rcauiring the anplieant to erect the si£n orovided by the Town. which shall be promi- nently displayed on the pf~miscs faein~ each public Oi' private street which the oroneflv involved in the olieation abuts. ~ivine notice ~[ the approval sought there- by and the time and place of B. Hearing. Upon receipt by the application ~ of the Town of Southold is hereby 100-254,M, 4. Section 100-275 (Noticeof hear- ing) is bereb~ amended as fol- lows: A. In all eaa~ wh~e the Board of Appeals i~ required to hold a public hearing, notice aha# -_ :=.- - -_ ~ - ' ~ ' . - __ . -_ ~) - -'~ (Il Within forty-five (45) sa. five (4S)-day~ of th~ submia- agreemm~t with the pmlimi- plat has bee~ alnnoved with Board may waive the require- upon ffiia$ with thc Secretary of *U~lefline ~elxt~nm nddiiions. **~trBtethta~h ~ deletions. Copi~ of Ihia Local Law we avail- Dated: De~emher IZ 199~. IUDITH T. TERRY SOUTHOLD TOWN CLERK STATE OF NEW YOnK) ) SS: IF SUFFOLK ) ~'{~{1l~ __ of Mattltuck, in said County, being duly , 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 publisted In said Newspaper once each week for _L__ weeks e rely, comma g on the ~ day of CHRISTINA vOUNSKI Notary Public, Stats of NeW No 5004884 ,,~ Qualified in SuffOlk Co~lW Corem ssionpE~p~res Novs~el' Notary Public