HomeMy WebLinkAboutLL-1996 #01Local Law Filing
NEW YORK STATE DEP~RTMENT OF STATE
I62 WASHINGTON AVENUE, ALBANy. NY 12231
(Use this tom 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 nor use
italics or underlining to indicate new matter.
.x~ k~k of $outhold
Town ..........................................................................................
Local Law No ..................................... of the year 19--9-6---
Alocallaw in Relation to Environmental Quality Review Law ' ~k~-~'F~7' .................................................................
Be it enacted by the Town Board
..... 7~L-;;;~;~-sY~;; ............................................................... of the
~ ,,¢ $outhold
Town ........................................................................................... as follows:
Chapter dd (Local Laws, Adoption of) of the Code of the Town of Southold is
hereby amended as follows:
1. Section 44-3 is amended as follows:
No decision to carry out or approve an action, other than as a Type !1
actiomshall be made by a town agency until there has been full compliance
with all requirements of this chapter and the Rules.
Section 44-4 is amended as follows:
Consistent With the Rules and the criteria therein, the actions listed in
Section 617.4 of the Rules as Type 1 actions are likely to have a
significant effect on the environment.
Consistent with the Rules and the criteria therein, the actions listed in
Section 617.5 of the Rules as Type II actionS are deemed not to have
a significant effect on the environment.
Consistent with the Rules and the criteria herein, all actions not
identified as a Type I or Type II action shall be an unlis, ted action.
(If additional space is needed, attach pages the sam,~ size as this shezr, and number each.)
DOS-~9 ~cv. ?~) (1)
Chapter 44-8 is amended as follows:
A. If the town agency determines that the proposed action will not have a
s~gnificant effect on the environment, the town agency shall prepare,
file and circulate such determination as required by the Rules, and
thereafter the proposed action may be processed without further
regard to this chapter.
If the town agency determines that the proposed action may have a
significant effect on the environment, it shall prepare, file and circulate
such determination as re(~uired by the Rules, and thereafter the pro-
posed action shall be reviewed and processed in accordance with the
provisions of this chapter and the Rules.
Chapter 44-10 is amended as follows:
A. Upon completion of a draft environmental impact statement prepared
by or at the request of the town agency, a notice of completion con-
taining the specified information shall be prepared, filed and circulated
as provided 617.9 and 617.12 of the Rules. In addition, such notice
shall be published in the official town newspaper and a copy thereof
posted on the Town Clerk's signboard. Copies of the draft environmen-
tal impact statement and the notice of completion shall be filed, sent
and made available as required by the Rules.
In the event that the town agency determines that a public hearing
shall be held on a draft environmental impact statement, notice thereof
shall be filed, circulated and sent in the same manner as the notice of
completion and shal be published in the official town newspaper at
least fourteen (14) days prior to such public hearing. The hearing shall
commence no less than fifteen (15) cai endar days nor more than sixty
(65) calendar days of the filing of the draft environmental impact state-
ment, unless the town agency determines that additional time '~s
necessary for the public or other agency rewew of the draft environ-
mental impact statement or where a different hearing date is required
as appropriate under other applicable law.
Chapter 44-11 is amended as follows:
If, on the basis of a draft environmental impact statement or a public hear-
~ng thereon, the town agency determines that an action will not have a sig-
nificant effect on the environment, no final environmental impact statement
need be prepared and a negative declaration may be prepared, filed and
published.
Section 44-14 ~s amended as follows:
1-8
No decision to carry out or approve an action which has been the subject
of a final environmental impact statement by a town agency or by any other
agency shall be made until a reasonable time period after the filing and
consideration of the final environmental impact statement. Where the town
agency has been lead agency for an action, it shall make a decision
whether or not to approve the action within thirty (30) days of the filing of
the final environmental impact statement.
7. Sections 44.15.A. & B. are hereby amended as follows:
A. Consider the relevant environmental impacts, facts and conclusions
disclosed in the final ElS;
B. Weigh and balance relevant environmental impacts with social,
economic and other considerations;
8. Sections 44-15 C., D. And E. are added as follows:
C. Provide a rationale for the agency's decision;
D. Certify that the requirements of this Part have been met;
Certify that consistent with social economic and other essential con-
siderations from among the reasonable alternatives available, the
action is o ne that avoids or minimizes adverse environmental impacts
to the maximum extent practicable, and that adverse environmental
impacts will be avoided or minimized to the maximum extent prac-
ticable by ~ncorporating as conditions to the decision those mitigative
measures that were identified as practicable.
9. Secti~'n 44-18 is amended as follows:
Where more than one (1) agency or department is involved in an action,
the procedures of Sections 817.6 of the Rules shall be followed.
10. Section 44-19 is deleted.
11. Section 44-20 is amended as follows:
Where an action subject to this chapter involves an applicant, a fee shall
be paid to the town in accordance with 6 NYCRR 617.13.
II. This Local Law shall take effect upon its filing with the Secretary of State.
1-b
(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.)
1 19 96
I hereby certify that the local law annexed hereto, designated as local law No .................................... of ......
of the ('~b~ ~( .Kl~c~YXTown)(~'Al~g~) of .... ~.~.u..~_h..~{.~ ....... g6' .................................... was duly passed by the
.... ~-°--w--n----B--°-a--r--d---~- ...................... on .....p..r_.._____::.~. ~[9'----, 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 taw 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
[Nam~ of L~g~laxit,e Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .....
in accordance with the applicable provisions of lave.
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 ..................................................... 2- ..........was duty passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after
'.X/arne o~ Le~i~t~w~ Body)
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted
(Elective Chi~f Execud~e Oj~er')
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 of Legi~lative Body)
disapproval) bv the .................................................. on .................. 19 .... Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19- ....in
accordance with the applicable provisions of taw.
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county.-
wide basis on if there be none, the chairperson of the county 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.
(2)
(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'tbe
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.)
t 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 ........... _2 ......... 19 .... , pursuam to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vole 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 t'mal adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local taw with the ori~nal 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 thee County legislative body, City, Town o~ V'fllag~J~e, rk
o offi esi ~e local legis 'ye body r-
(SeaO Date: April.3, 1-996 _
(Certification to be executed by County. Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
comcrY OF SUFFOLK
L the undersigned, hereby certify that the foregoing-loqat law contains the correct ten and that all proper proceedings
have been had or taken f°r the enactmem °f the l°cal la~ annexed beret°' C ["----"~--~-~-~~,._.~.~.~ o,
Signature~"~ ~
Laury L.Dowd, Town Attorney
Title
C-~ of Southold
Town
Date: April 3, I996
ALEXANDER f. TREADWEll
SECRETARY OF STAte
STATE Of NEW YOrK
DEPARTMENT Of STATE
ALBANY, NY 12231-000!
April 12, 1996
ECEIVED
APR I 6 1996
rQ~m ~erk Seathel~
JUDITH T. TERRY
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 1, 1996, filed 04/11/96
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
Janice Go Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
printed on recycled paper
PUBLIC HEARING
SOUTHOLD TOWN BOARD
APRIL 2, 1995
8:05 P.M.
ON A PROPOSED "LOCAL LAW IN RELATION TO ENVIRONMENTAL
QUALITY REVIEW LAW."
Present: Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Councilman William D. Moore
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR COCHRAN: Our third public hearing for today is on a
"Local Law in Relation to Environmental Quality Review Law".
COUNCILMAN MOORE: "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 March, 1996, a Local Law entitled, "A
Local Law in Relation to Environmental Quality Review Law". 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 2nd day of April, 1996,
at 8:05 P.M.,at which time all interested persons will be heard. This
proposed "Local Law in Relation to Environmental Quality Review Law"
reads as follows:
BE IT ENACTED, by the Town Board of the Town of Southold, as follows:
Chapter 44 (Local Laws, Adoption of) of the Code of the Town of Southold is
hereby amended as follows:
1. Section 44-3 is amended as follows:
No decision To carry out or approve an action, other than =n ccticn listed in
c,~.- .1d-dB ~ .... ¢ "~ c~-' 617 42 of tbs ~"~'¢ as a Type II action shall be
made by a town agency until there has been full compliance with all re-
quirements of this chapter and the Rules, ~' .... ;,4~,~ ~, ........ ,~+ ~,,.+~.;,.,.
~,~,-,~;,.., ~-~. ~. ..... , .... ,4 ~o prohibiting:
pg 2 - PH
act!on which '~'- '--'~ commit tho ~ .....~ ....................... g
2. Section 44-4 is amended as follows:
Ao
Consistent with the Rules and the criteria therein, the actions listed in
Section 617.12 617.4 of the Rules as Type I actions are likely to have
a significant effect on the environment.
Consistent with: the Rules and the criteria therein, the amions listed in
Section 617.12 617.5 of the Rules as Type II actions are deemed not
to have a significant effect on the environment.
C._~ Consistent with the Rules and the criteria herein, ail actions not
identified as a Type I or Type 11 action shall be an unlisted action.
3. Chapter 44-8 is amended as follows:
If the town agency determines that the proposed action will not have a
significant effect on the environment, the town agency shall prepare,
file and circulate such determination as required by Sect!o~ 617.7(b) of
the_ Rules, and thereafter the proposed action may be processed with-
out further regard to this chapter.
If the town agency determines that the proposed action may have a
significant effect on the environment, it shall prepare, file and circulate
such determination as required by Sectlcn 617.7(b) of the Rules, and
thereafter the proposed action shall be reviewed and processed in
accordance with the provisions of this chapter and the Rules.
pg 3 - PH
Chapter 44-10 is amended as follows:
Upon completion of a draft environmental impact statement prepared
by or at the request of the town agency, a notice of completion con-
taining the specified information .... ~¢'"'~ ~'' ~'~"+~"" ~ 7 w,4~ .,, *he
Rules shall be prepared, filed and circulated as provided in Soot!ch
~"~,, ."~f~, ~v/~,~"'~,~ (0 617.9 and 617.12 of the Rules. In addition, such notice
shall be published in the official town newspaper and a copy thereof
posted on the Town Clerk's signboard. Copies of the draft environmen-
tal impact statement and the notice of completion shall be filed, sent
and made available as required by Section ~,,7 .,~/~ ~,,~'~'-'~ ~,¢~*~ ,,~, the
Rules.
In the event that the town agency determines that a public hearing
shall be held on a draft environmental impact statement, notice thereof
shall be filed, circulated and sent in the same manner as the notice of
completion and shall be published in the official town newspaper at
least ~ fourteen (14) days prior to such public hearing. Such
~ ...... ~ .... ~ ...... +~ ~" ~ received The hearing shall com-
mence no less than fi~een (15) calendar days nor more than si~ (60)
calendar days of the filing of the draft environmental impact statement,
unless the town agency determines that additional time is necessa~
for the public or other agency review of the draft environmental impact
statement or where a different hearing date is required as appropriate
under other appli~bte law.
Chapter 44-11 is amended as follows:
If, on the basis of a draft environmental impact statement or a public hear-
ing thereon, the town agency determines that an action will not have a sig-
nificant effect on the environment, ~' ........ '~ ~'~ ...... ~-~ S
,.,~+~,,,, ,, ,, ,~ ....... ~ t~ ,~ ~k~,+~, no final environmental impact state-
ment need be oreoared and a neqative declaration may be prepared, filed
and published:
6. Section 44-14 is amended as follows:
No decision to carry out or approve an action which has been the subject
of a final environmental impact statement by a town agency or by any other
agency shall be made until a reasonable time period after the filing and
8onsideration of the final environmental impact statement. Where the town
agency has been lead agency for an action, it shall make a decision
whether or not to approve the action within thirty (30) days of the filing of
the final environmental impact statement.
pg ~ - PH
7. Sections 44.15.A. & B. are hereby deleted as follows:
Consistent with social, economic and other essential considerations of
state policy, to the maximum extent practicable, from among the
reasonable alternatives thereto, the action to be carried out or ap-
proved is one which minimizes or avoids adverse environmental
effects, including the effects disclosed in the relevant environmental
impact statements.
B. All practicable means will be taken in carrying out or approving the
action to minimize or avoid adverse environmental effects.
8. Sections 44-15 A. and B. are amended by adding the following:
Findings must:
A~ Consider the relevant environmental imoacts, facts and conclusions
disclosed in the final ElS;
B.~. Weioh and balance relevant environmental impacts with social.
economic and other considerations:
C. Provide a rationale for the a,qency's decision;
D. Certify that the reauirements of this Part have been met:
E. Certify that consistent with social, economic and other essential con-
siderations from amonq the reasonable alternatives available, the
action is one that aVoids or minimizes adverse environmental impacts
to the maximum extent practicable, and that adverse environmental
impacts will be avoided or minimized to the maximum extent prac-
ticable by incorporating as conditions to the decision those mitiqative
measures that were identified as ~racticable.
Section 44-18 is amended as follows:
Where more than one (1) agency or department is involved in an action,
(he procedures of Sections 617.4 817.6. and 6!7.8 of the Rules shall be
followed.
pg 5 - PH
~o. Section 4-!,-19 is deleted as follows:
chapter and ~ HYCRR 617.
1 I. Section 44-20 is amended as follows:
Where an action subject to this chapter involves an applicant, a fee shall
be paid to the town in accordance with 6 NYCRR 617.17 617.13. Where
II. This Local Law shall take effect upon its filing with the Secretary
of State.
* Overstrike represents deletions.
Underscore 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 5, 1996.
Judith T. Terry, Southold Town Clerk." This law brings our Town Code
into compliance with the modifications of the New York State Environmental
Quality Review Act regulations, that were modified back in January of this
year. So, this just brings us into sync there. There's an affidavit that
it was published in The Traveler-Watchman, and posted on the Clerk's
Bulletin Board.
SUPERVISOR COCHRAN: Thank you, Bill. Is there anyone who would
llke to address this Code change? Yes, Mr. FIynn?
F.M. FLYNN: I'm F.M. Flynn, a resident of Southold. I don't
pretend to understand all these changes in this proposed law. Nor do I
understand all the deletions, and additions, and apparent references to
State Law. However, I would say, that if any of these changes permits
any of the unelected officials in this town to issue negative declarations
on property, this is the equivalent of letting the fox in the hen house. I
would say that there are not enough of these applications requiring this
sort of decision, that they shouldn't all be handled by the Town Board,
and be subject to public notice. Thank you.
pg 6 - PH
SUPERVISOR COCHRAN: Thank you, Mr. Flynn. Is there anyone else
who would like to address the Board? (No response.) Hearing none, the
hearing is closed.
Southold Town Clerk
IN THE MATTER OF
PUBLIC HEARING
SOUTHOLD TOWN BOARD
MARCH 19, 1996
5:00 P.M.
THE PROPOSED "LOCAL LAW
IN RELATION TO
ENVIRONMENTAL: QUALITY REVIEW LAW".
Present:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Councilman William D. Moore
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
COUNCILWOMAN HUSSIE: "Public Notice is hereby given that it has been
presented to the Town Board of the Town of Southold, Suffolk County, New
York, on the 5th day of March, 1996, a Local-Law entitled, "A Local Law
in Relation to Environmental Quality Review Law". 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 19th day of March, 1996, at 5:00 P.M.. st
which time all interested persons will be heard. This proposed "Local Law
in Relation to Environmental Quality Review Law" reads as follows:
BE IT ENACTED, by the Town Board of the Town of Southold, as follows:
A Local Law in Relation to Environmental Quality Review Law
I. Chapter 44 (Local Laws, Adoption of) of the Code of the Town of Southold is
hereby amended as follows:
1. Section 44-3 is amended as follows:
No decision to carry out or approve an action, other than :' '- - ~,
Sec. dd dB hsrccf cr Scs. e17.~,2 cf thc Rules, as a Type II action shall be
made by a town agency until there has been full compliance with all re-
quirements of this chapter and the Rules, -' .... ;'~'~ ~' ......... +~-'~* '-'-*~-;""
Page 2
Section 44,-4 is amended as fo llows:
Consistent with the Rules and the criteria therein, the actions listed ~n
Section 617.12 617.4 of the Rules as Type I actions are likely to have
a significant effect on the environment.
Consistent with the Rules and the cdteda therein, the actions listed ~n
Section 617.!2 617.5 of the Rules as Type II actions are deemed not
to have a significant effect on the environment.
C_~. Consistent with the Rules and the criteria herein, all actions not
identified as a Type 1 or Type 11 action shall be an unlisted action.
Chapter 4,!, 8 is amended as follows:
If the town agency determines that the proposed action will not have a
significant effect on the environment, the town agency shall prepare,
file and circulate such determination as required by~.,~,~;"", ~, TM, .'~k~, ,~, ~
the Rules, and thereafter the proposed action may be processed with-
out further regard to this chapter.
If the town agency determines that the proposed action may have a
significant effect on the environment, it shall prepare, file and circulate
such determination as required by ~"*;"" ~ '~ cf the Rules, and
thereafter the proposed action shall be reviewed and processed in
accordance with the provisions of this chapter and the Rules.
4. Chapter 44-10 is amended as follows:
Upon completion of a draft environmental impact statement prepared
by or at the request of the town agency, a notice of completion con-
taining the specified information .... ~¢"-'~ ~'' ~,,,.,i,,,, ~-~ -~f,~
R-u-les shall be prepared, filed and circulated as provided
~4'~,, .'~f"~, ~¢ _,--~,_ (~ 617.9 and 617.12 of the Rules. In addition, such notice
shall be published in the official to~ newspaper and a copy thereof
posted on the Town Cle~'s signboard. Copies of the draft enw ronmen-
tal impact statement and the notice of completion shall be filed, sent
and made available as required by ~- ~ ~ ~¢~ ~-~ m cf the
Rules.
Page 3
In the event that the town agency determines that a public hearing
shall be held on a draft environmental impact statement, notice thereof
shall be filed, circulated and sent in the same manner as the notice of
completion and shall be published in the official town newspaper at
least ~ fourteen (14) days prior to such public hearing. S'.-'ch
k~ ...... k;~k .... k ...... +~ ~k~. k ..... ;"~ The hearing shall com-
mence no tess than fiReen (I5) calendar days nor more than si~y (60)
calendar days of the filing of the draft environmental impa~ statement,
unless the town agency dete~ines that additional time is necessaw
for the public or other agency review of the dra~ environmental impact
statement onwhere a different hearing date is required as appropriate
under other appli~ble law.
Chapter 44-11 is amended as follows:
If, on the basis of a draft environmental impact statement or a public hear-
ing thereon, the town agency determines that an action will not have a sig-
nificant effect on the environment, *~' ........ '~ -'-*~ ...... ~' ......... '~
'";*~'"'..,., ,._.'* ~', ~,., .v,"~' ......., ~=-, ~'4 +,.~ ,k;~., ,,~ "~'v, ,_~..~,. ..... no final environmental impact state-
ment need be prepared and a neqative declaration may be prepared, filed
and published.
Section 44-14 is amended as follows:
No decision to carry out or approve an action which has been the subject
of a final environmental impact statement by a town agency or by any other
.agency shall be made until a reasonable time period after the filing and
consideration of the final environmental impact statement. Where the town
agency has been lead agency for an action, it shall make a decision
whether or not to approve the action within thirty (30) days of the filing of
the final enwronmental impact statement.
Sections 44.15.A. & B. are hereby deleted as follows:
Consistent with social, economic and other essential considerations of
state policy, to the maximum extent practicable, from among the
reasonable alternatives thereto, the action to be carried out or ap-
proved is one which minimizes or avoids adverse environmental
effects, including the effects disclosed in the relevant environmental
impact statements.
Page
B. All practicable means will be taken in carrying out or approving the
action to minimize or avoid adverse enw ronmental effects.
Sections 44-15 A. and B. are amended by adding the following:
Findings must:
Consider the relevant environmental impacts, facts and conclusions
disclosed in the final EtS;
B. Weiqh and balance relevant environmental impacts with social,
economic and other considerations;
C. Provide a rationale for the a,qency's decision;
D. Certify that the requirements of this Part have been met:
E. Certify that consistent with social, economic and other essential con-
siderations from amonq the reasonable alternatives available, the
action is one that avoids or minimizes adverse environmental impacts
to the maximum extent practicable, and that adverse environmental
impacts will be avoided or minimized to the maximum extent prac-
tic, able by incorporatin,cl as conditions to the decision those miticfative
measures that were identified as practicable.
9. Section 44-18 is amended as follows:
,Where more than one (1) agency or department is involved in an action,
the procedures of Sections 617./I 617.8 =~d 6!7.8 of the Rules shall be
followed.
10. Section 44-19 is deleted as follows:
an =ct!c~ subject tc this chapter 32d 6 NYCR ......
Page 5
11. Section 44-20 is amended as follows:
Where an action subject to this chapter involves an applicant, a fee shall
be paid to the town in accordanc~ with 6 NYCRR 817.17 617.13. ~
il. This Local Law shall take effect upon its filing with the Secretary of
State.
* Overstrike represents deletions.
** Underscore 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 5, 1996.
Judith T. Terry, Southold Town Clerk." It has been posted on the Town
Clerk's Bulletin Board, and it was in The Traveler-Watchman. There is no
correspondence.
SUPERVISOR COCHRAN: You've heard the reading of the change in the
SEQRA ~ncorporated into our Code. Is there anyone who would like to
address this at this time? (No response.) Hearing none, weHI close the
hearing.
Southold Town Clerk
S)lre:kr t ""~l"g idenlified ii.,
practicable.
' 8: Section 44-18 is amended
: asf611ows: - ' ,
, where',more'thah'dh~ (I).
~gefie)5:,O~; depaf~meiit
~, o1'~ ail :in ali action. 'lhe proce-
dures of Sections 5 } 7. ! 617.6
i',m4-i.g~of tho Rules shall be
!folloWed. ': it.i, ~ ,
· ;, ~!,Section 44.1',9 ~i~s :deleted
Ira:: ed p:'ic~.::: :hz dater:
t-led-/~ .\rtie[e S ::F the [.'.-n¥i-
i%H-Ifl.l,%".:,':[ a"', r, ...... *; .... ~ .....
!'ct lc,~al-.a'._' e.~ c ia:,
ere:pt f~.',:n :hi:: ch::pte~ar×l.+h-~
pm,,'!::!a:: ,'..~l:-A:':k!e S ::f :be
· ka~.m~l-Lu.e R::!ei: ;;rear!dad.
ht-u~e ...... ~a ............. ch-a .....
_ . ..e ........... : ......
r.:::dificat-k::: ..... ' .......
..... ,',- ...... ::
~vk-er.:::g::l. ~ud-, .'::::dili¢~-
ta thmi.*--c):::p:e~.and 5 NYCP, R.
'Se ion 4 -2o is
',~h~nJgd,a~ fOllow's;: ,.
c:mt. u Ibc shall tee paid lo the
IOWII [11 dCCOl'dallCC t~ ith 6
NYCRR (~.7. I-a-6 I._? 13__ g
e rP.~.=o R+~l e :1 t a F-ira p~ t --~. a t e-
I-l-1-~qq k '.!%.'-~e
u-ppbe~n.~ha ]!
II. 'l'hi, I.oc,I l.a~ shah
lake ellbc[ Ul'~Oll filing widl Ihe
Secretary of
'* Ovi~i-stril~e }i~Or4iefits
, , .. Underscore rel~resents
'~.ddmons.
Copies of this l:.ocd l.axx
are a~ailable ilq the Off'ice o1'
the 'l'owll ('lark Io an) 111,21--
i.'Sli.'t'J p¢1'~OI15 dlll'Jllg
horn's.
'.': Dated:March :5,~ 19.96
COUNTY OF SUFFOLK
STATE OF NEW YORK
SS:
Joey Mac Lellan, being duly sworn, says that
he is the Editor, of the TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suf-
folk County; and that the notice of which the
annexed is a printed copy, has been published
_in said Traveler-Watchman once each week for
.................................................. ./ ................... weeks
successively, commencing on the ......~...~..~......
day of .......................... .~ ......................... ,l 9 .......
...... ...........
Sworn to before me this ......... ~.. ......... day of
.................. : ......... ~..~-~.......~... ....................... ,19.?.~.
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, State of New York
[.Jo. -'!.8rJ~846 ~
Qualified in Suffolk Coun, ty ~
I~.~,l II(.~such pal't~al a.ppF~J
)~l,l~.)lt, ..... IC. ,, ,~'~ ....... t
~ll;:;?'.~r a~--th: R'..fi~:,
'2.' Semion .1,t-J i's
as Ib llm~ s: A. Consiqent with
ihe Re)eh and the cmileria
, th¢l'¢il). Ihe acfiOll,, listed in
' :',cciion (:I-~-~ 6I?.-T o1' ihe
1141.. I')een presented to Ihe 'J't)'..&ll RLli¢,i :, i.,e i uctions arc
Ftoard,.lFihe'Jox&rl of Soulho{d. Ilk,,.'{? t,~ ha~e a ,ie. nil]c;.Lnt el'-
l~2~2l Iln tJi~ ent JroIllllCllt.
Kul'lblk ('OLInL). New York. on
I'). (.'OlL,,i:q,.'rlm ~. iih thc Rule,;
Ihe 19Ih da} of M,'u'¢h. I ggO. a ;.J, JJd dh.' Cl I!.el'l;i Iher¢ln. tile
I.oeul I.a~ Clliitled. "..X Local ' .
[Jon: IN',ed in geckion 6.1-%i-2-
I,ail Ill I.'.mm,,ironlnentalQual- 6/';.~. ofihe Rules ns [')pe I
il) tel, Jo~,,~ J. Il, l,." aciiOIl~, :.ll',J d,2121rlcd 11ol. io Jlli~,e
x,(')l'l('l. Ih; I"L;I~,'I'IIER
(il\'l.N th:Ii Lhe 'l'ottll Board a ~]~llil]¢:)lli (2i'J'~t2i o11 '{11(2 Eli-
hold a i)tml)li~ hearing on l'he
ai'or~suid Ix)cai l.aw m
gmmflmld I'm~n Ilall .... 0;.
xl:li:l Road, Sotmmllold. New
York. on Ihe 2nd da) ~[ April.
I[111u ',ill imnem'cbted persons ~% imm
Io I:n~ironmnental Qtmalit~
% [r011111,!111.
('.J..~L-:i-,t.~i~ v, jlh Ihe Rules
,'m,:,L fli~ c_ri!~[ia .h~rein. ~)ll_ac:
Lion.:--u~oJ.i,lcnli!~.mJ as a I'} pq.I
Oll.l')pq Il ;LCtion shall bCm.maJ!
,,..,_1 Ii ,i cd tLCl i_qn,
3. Chal,ter 44-8 is a nerlded
\. Il' file Iox~n agent} de-
t¢l'n'fin¢% that 111o proposed tlc-
tkm ~ dl iiol JlaX ,.' a signil3canl
cl'l;,.'Cl Oil the ellX JrOll111~211t. the
t(m n a~enc.x ~hall prepare, file
.Jlld eh'ctddtu :,uch dctermina-
I~,1: I'1 I.Nm.\CI'FI). by Ihe lion a- 'ca lired
{'o~n ]h);Ird o1' IJle I'owi1 oJ' 6 } 7r'7. dl-~---e-F I{le Rules.' nfld
%OLtlthLtlh. I t,s [klllo,,...= .. 2", 'j. ;'. 4., i~'o',;,~..';!
I (.'hal~ier .44 (,I.oc:LI [.ax~s. ~ ·
.%doplion ol) ol'mhe Code of thc' Illbr teem'el to {his clfapb~r.
Im~n oF '%ullmkl i~ hereby
";llllu'lld,2d ;IF. I'ollox~ s: - , 1:1. IF!he tim p :.l.gchcy dL'tu'l'-
tlliH,2> Ihdl dig proposed acLiltlil
'.. Seciion 44-.3 is amended max hax jil',i~nifiC.mt effe:(:l on
.t~ t'ol~,, ~: .
'~:<~'~',~ ~deci<,ibii'l'6 ~,qfi;~-'m~it 6r. i1.,¢ cHxirtmment, h Hnll[ pre-
· ptu~. Iile and circuhlt,**'
approxc an .'l~tion. oLtler tho~r[ delormint,tkm a~ required lys
hc~.~r h;,.~,-(~l :=12 Ltll**the and :herealiei' die proposed ac-
Ituh.,~ a, ,~ 'Ix' ~¢ II .\etlon shall :tifin
.be-m~de by ~ to~n agency un- c~;<d' 'iff ,~!cm'dance wii'h' tile
m~¢c v-.Jib ali rel.luiremenl~ oJ'
Il · c pier md the Rules. pro
~-i..-',ed: I;;:::~ve~'=-fi-lalm-{lo.:h)n~ .
k~}l 'm' ibh4-R-g.'+ .
-\.. Jmhe-u~:::tmJm. l~1[::; :-).I'-c-O'H-
L¢IR-~II¢OL:';
bi I it?o~{-ilel:~l-~s ~n d 1::'-~-
, . - - ' a:::-.~
8 ,.~-.1310C~',.,~:. -*R~'.,::
MihL'llh2ill ?rejlar...,Lt.j J')~,. Ol'dl thc
1',2qlleM el' ;.I~;2 I(1X~.ll i1~211(.:~ ~1
IIOtJeu' et' Cllllil~l¢I.t!ll con:.iliri-
i1112 ih,~ -;pccil'i,.'d inlbrmmilqJ
spec { ii~,d-.i+)- ,%~ k':: ,g .J~.-.--~.-J <,l'
~-l.,-e-R+lle..hal! I)e prepar,.'d.
filed and dl'mllato,.I ,.~ pt'o~ id,,.'d
617.9 and_ .6;17. t.2:o~th~ Rules.
hi addilion} si.roll ,otiCe Slmll bc
pclbhshed ill file ollicial Ii)x~n
lIRV, spHper Jllld [I cop~ IJlcl'~(]J'
poMcd Oll IlJg Tox~I Clc
q~nl?otil'd. ('opie~ or ~1~ dralJ
iIl¢llm and 111c m] tnicc o 'co nplc-
m}ide:a%{iihlbieas,( I-~quh.cd by
Itl.figs.
B. In Ihe ex el'ltl thai I tlelown
agent) dmermine~ Ihat a pub-
lic Ilmlrintz slmll be told on a
dral't CllvirollmClllal
be Iilcd. circtmlated and senl in
ol completion and shall be pub-
lished iml thc olTicial
mlexxspapm' al Icttsl
l~2t]Fleen (14~ta) s prior to such
public hcarin,~. ~::zh
'l'h~ hctu-in~ ~hall
dar da~ nor illor~ than
(60) calendar da} s ol'thc llling
o I'the draft' enx ironlllenlal im-
pact sit1 lelllClll, tmmlless thc Im~ i1
agCllC} dmermi[]cs tm,a, .ddi-
IJontlJ li]li¢ is IlCCC5sal'y 12)l' thc
public m' other agency mx. iow
a~0nJ~' "~l~tdhtli'ffdS Th:at addiZ
tiomml lime ms neccs~am') Ibr
ptihlie~or other~a~ency Tev~w
t)rellt ho,lrJll~ dale Jh m'~quired
~ ~ Hppl'opriJlLe LIIIdgl' olhRr
Ii: 011 tJlb btui~ of a dm'afl
mcnl or a public hearin~
Jllt~ ~ a si~ni'l~cant el'lbcl on
~fin fl ell~ ironmontal inma~t
~Lb {'O J]OW~2
' N0deci~i0i'i.t0'carry
3')') (IX~ 1 CJ O1 x~,J cJ Ii
been Ih¢ -ul!iccL ol'a iinal cn-
~ imnmcmal impac~ sta~cmcnt
b( a town a~e]iCC Or bx ;,m~
other ngenc5 shall be made
until u2'~'a-gnnblc lime.periol.t
alicr Iht lilhl, and COl~sJdcr-
/LLiOI1 o['the fir~al
tel [nlpact slmement. Where Ille
to~rl ugenc5 fla~ been lead
agcllc5 Ibr an acfiorl. Jl shall
make a dcei~[on Wl~ether or nol
io approve Ihe acliml wilhin
thirL5 130) das.~ ol'the liiing of
the lhml cm mmmcntal im puc[
herel,} dclcled tls lotIon, s:
A. (.'o~l~Jstcnt x~ilh social.
CCOllOmllmc and OlJlcI'
come,idem'aliens or ~J~J[g polic).
tO [[1~ m;l~JHiLIIll C~I'Olll practi-
cablo~ J~om among II1~ m'~ason-
I~e le ~ t~e~ Iheeo.
aciioII to J~g camTicd out or ap-
pm'o ~ cd i~ one ~ h ich minim i/cs
tat cl'l~cms. ~ncluding Ihe
dKclo~cd in thc rcJovallt
I'C, Ill)lCl ~lm imp[iCl ~t~ltonl~llJ~.
B .~11 practicabmc IllCall~
~11 m~g Idkell ill ~al'l') II)~ O[1[ or
appro~ mng Jh~ Ll~[iOll N) i~llli-
IllC~l[aJ el'J~cl~.
~ ~cliOllS 44- 15A. 811d J~.
.~ended-by add~:~e fo1-
~ ~,m,Ll.,- d.., ...~ .
~:,! Q!_ ¢.n ): i.{:o m) I~J ~n t a J_i mpjtKL~
w Ll~OC cconomlli.c 14.Ql.l.~e['
consideral io]1~;
('. Pro~ide a ratk,~ale Ibr
I). (:e]J3J~' Lhat Lhe reqLm
i,ielll~ fi[.ll)i~ Par1 huve been
IZI~L~
L~CJ:I.~f~ _th~u consisLenL
wilh soci~ml, economic
~senlial consideratioml :' , I?o111__
~llllOll~ 1he 'e~ ~or lb e a ler])a-
Ih;~l avoid~ or mimmize, ad-
x el'Se ell~ irt,nnlerltal iLnpLLc.[sJ_(_,
lh¢ rllaximum extent practi-
cjfl)le. Ltllld 1hal adverse ¢1'1~ iron_-
mental in~ p_~cl's will he nv(tided
~ll' T1 I 1 /El. LOt ¢ naximmTi
e..xJ_ej.lt__p]'ltlcLicabJ¢ bx ncorQo-
m_ting a~ condil
91~io1~ those mitiualive men-