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HomeMy WebLinkAboutLL-1998 #02Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE, ALBANY, NY 17-?-'~1 (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. .~× o r ._ __~ _s_o._u_t_ .h_oj..d. ....................................................................... Town Local Law No ......... _.2. ..................... ot' the year 19--9--8-- A ~oca~ taw ._.Ln..[e_[a..tj.o_n___t_o__~u i~!ng_..P..e.r_m.i_t.s_ ......................... - ........................ ... Town Board Be It eaacted by the ..................................................................... or' the ¢~r~. o~____Sg_u..th__o.!_d_ ......................................................... ~s follows: Town I. Chapter 45 (Fire Prevention and Building Code, Uniform) of the Code of the Town of Southoid is hereby amended as follows: 1. Section 45.8 (Building permit required; application for permit) is amended as follows: § 45-8. Building permit required; application for permit. C. Applications. Every application for a building permit shall contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable building construction, housing and fire codes. (1) The actual shape, dimensions, radii, angles and area of'the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alteratioris of a bu ding which do not affect the exterior [hereof. (If additional space Lq needed, attach pages the sam- size as this shear, and number each.) (B (Corn plete 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 .......... _2_ ................. of I9--9-8-.- of the (<ID02i~ ~ .:/~it~){'I'own)(~r~ll~o~ of .... .S..o_.u.t__h..o.I..d..._~ .................................... was duly passed by the .... -'[9--w--n----g--°-h--r-0- ......................... on--/~lar_¢b__~____ 19 __~11, in accordance with the applicable provisions of law. (Name of teglsladve Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disap,gamnral by the' Elective Chief Executive OffiCer*.) I hereby certify that the local law annexed hereto, designated as local hw No. o£19' of the (County)(City)(Town)(Vilhge) of was ~ .............................................. on .................. 19 ---, and was (approvedXnot approved)(repassed after (tis, me of.£tglslati~,¢ disapproval) by the .............................................. and was deemed duly adopted on - (£iecdve Chief ~.*ctttlve O. OVt. eer*) 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)(nm appmvext)(repassed after (2lam¢ af Legislative Body) disapproval) by the .............................................. on ............ 19 . SmSt tocat law was submitted (Elecli*'e Chief Executive Officer*) tO the people by reason of a (mandatory)(.permissive) referendum, and received the affirmative vote ora majority of the qualified electors voting therebn at the (generalXspecial)(annual) election held on .................. 19---- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and f'mal adoption because no valid petition was flied req~sth~g 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 d~ly passed by the ................................................... on .................. 19 ...., and was (approved)(not approvedXrepassed after (~Vame o/Legislative BOd>'I disapproval) by the ............. ~- .................................. on .................. 19 .... Such local law was sub,act to permissive referendum and no valid pet/t/on 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 off'gna- ora co,~ty etched on a co~nty- wide basis or, if there be none, the chairperson of the county legislative body, the mayor olra dry or village, or the supervisor of a town where such ofllcer is vested with the power to approve or veto lo.al laws or ordinances. (2) State. (2) The section, block and lot numbers, if any, as they appear on the latest tax records. (3) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (4) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots. (5) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate and the necessary computations to establish conformity to the bulk and density regulations. (6) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (7) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a - certified, abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (8) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engi neet or land surveyor. (9) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. II. This local law shall take effect upon filing with the Secretary of ( 1 -a) 5.' (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law nnnexed hereto, d~ignated as local law No ................................. of 19 ...... d 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 ora majority of the qualified electors of such city voting thereon at the (speclal)(genersl) election held on. 19 .... , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the 1OC~r l~w anneXed hereto, designated as local law No. of 19 .... of the County of ......... ---' ........................ State of N6w York, having been submitted to the electors at the General EleCtion of November .... 19 .... , pursuant to subd/vidons 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 c/t- ies of said county as a unit and a majority of the qualified electors of the towns of said county., cor~idered as a unit voting at said general election, became operative; (SeaO (If any other authorlzed form of Final adoption has been followed, please pm,fide an apptmpriate certification.) I further certify that I have compared the preceding local taw with the original on file in this office and that the same is a correct transcript the~efi-om and of the whole of such original local la,~, and was Vmally adopted in the manner in- dieated in paragraph----L--, above. or oftic~r d~a~.d by k~ca{ I~ ~ Elizabeth A. Neville, Town Clerk Mwch 4, 1998 Da~: (Certification m be executed by County Attorney, Corporation Counsd, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUm'YOF SUFFOLK I, the undersigaed, hereby certify that the foregoin~ l~cal law contains frae cot-ma t~xt and tl~t alt proper proceedings have been had or taken f~)r the e~tactment of the lo'al ~aw annexed Laury L. Dowd, Town Attorney Title ~i~/ of $outhold Towu Date: March 4, 1998 ALEXANDER f. TREADWELL SECRETARY Of State State of New York DEPArtmENT OF STATE ALBANY, NY 12231 -OOO1 MAR 2 6 998 ?OWN ~A.T,T, 53095 MAIN ROAD SOUTHOLD, NY 11971 March 20, 1998 RE: Town of Southold, Local Law 2, 1998, filed 03/13/98 -- '~he-~0~e referenced mater~i=W~s received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Janice G. Durfee Principal File Clerk Bureau of State Records [518) 474-2755 JGD:ml printed on recycled paper PUBLIC HEARING SOUTHOLD TOWN BOARD MARCH 3, 1998 8:00 P.M. ON THE PROPOSED "LOCAL LAW IN RELATION TO BUILDING PERMITS" Present: Councilman William D. Moore ..... Cb*uncilwoman Alice J. Hussie Justice Louisa P. Evans Councilman John M, Romanelll Councilman Brian G. Murphy Town Clerk Elizabeth A, Neville Town Attorney Laury L, Dowd Absent: Supervisor Jean W. Cochran JUSTICE EVANS: "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 19th day of February. 1998, a Local Law entitled "A Local Law in Relation to Building Permits". 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 3rd day of March, 1998, at 8:00 P.M., at which time all interested persons will be heard. This Proposed"Local law in Relation to Building Permits" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter L[5 (Fire Prevention and Building Code, Uniform) of the Code of the Town of Southold is hereby amended as follows: 1. Section 45.8 (Building permit required; application for pe~rnit) is amended as follows: § 45-8. Building permit required; application for permit. C. Applications. Every application for a building permit shall contain the following information and be accompanied by the required fee. aF~La- plot plan drawn to scalo and cigncd by thc porson responsiblc for each drawing, ff no such p. lot plan is availablc, a survey is roquirod, propared by a licensed engi noor or land surveyor. In addition, plans and specifications shall be filed with the building pe~Tr~it application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable building construction, 'housing and fire codes. pg 2 - PH .. (1) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (2) The section, block and lot numbers, if any, as they appear on the latest tax records. (3) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (4) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing bUildings on the same lot and adjacent lots. (5) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate and the necessary computations to establish confo~T~-~ity to the bulk and density regulations. (6) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter.. (7) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall shew si'ngl.e and separate ownership of the entire lot prior to April 9, 1957. (8) A plot plan drawn to scale and sit, ned bv the person responsible for each drawin.~. At the discretion of the Buildin.~ Inspector, a survey be required, prepared by a licensed engineer or land survevor. (9~ Each application for a buildin~ permit for a new dwellin.~ unit shall be accompanied by plans and specifications bearin.(3 the signature and ori.ainal seal of a licensed professional en.(3i neet or architect. upon filing with the Secretary of Underline represents additions Strikethrough represents deletions II. This Local Law shall take effect State. Copies of this Local Law are available in the Office of the Town Clerk to any interested-persons during business hours. Dated: February 23, 1998, Elizabeth A. Neville, Southold Town Clerk." I have an affidavit that it was published in the Traveler-Watchman, and that it was placed on the Town C:lerk~s Bulletin Board. There is no correspondence. pg 3 - PH · COUNCILMAN MOORE: Anyone wishing to be heard regarding Local Law No. 2 of 1998. a "Local Law in Relation to Building Permits"? (No response.) COUNCILMAN ROMANELLI: I will give one quick explanation, basically to make it down to laymen's terms. The major change on it was that each dwelling..we had a limit; I believe it was under 1,200 square feet, or 1,100 square feet, you could draw your plan yourself on a piece of paper, or a napkin, turn it in, and the Building Department could use that as your sketch. The major change was we are now saying every plan for a dwelling, no matter what the size, as long as it is a dwelling, has to have an engineer's stamp, or an architect stamp, at that point. It takes the responsibility from the Building Department making sure the structure is bu!ilt right. They go by the plans, and it covers them. COUNCILMAN MOORE: Thank you. Hearing no comment. hearing (~losed. I declare the Southold Town Clerk .i. ¢ 'd '%011¢ .. .~. '~: . %()'II('EIit PLI~I.I(' HEARING ON LocAL PUBklC NOTICE .~en presented tg-zhe Toxcm own of Southold, Suffolk County, New York on i9th day of Fqbmary, 19984 Lax,,' enrriled, "A Local * in Relation to Bflitding ~:3'~' NOTICE IS FURTHER ' :~fFJIYEN that the Tbxi~;n Board of "~* ' d } ~lhe Town of Southold wkU.ho! /;'[?h pdbli~ hem-sag ua the aforesaid :]sons wilt be heard. ' }~] Thb pr6posed "I:oeal Law in , C'- Retation't~'Building Permits" 'i ~.readsasfoltows: :'; ' g' BE [T~ENACTED~ b~ fl~e ': Tov;m Pkrard. of'the T0wn~of "qii/red; appqication for permit ~:~: ~pplicatim~ t6-enabte the Build- ~ lng InspeCtor to exaniiiie such · plan's ~o a~cemi~iiftheproposed .~: 'bu/tding wi!l ~ompl7 with appti- ~g C'abLe building e0fisfruction, ~';' housing an~ fire codes. · .:~{ ~ '(f)The acm. al shape, dimen- ~. ~ons .Tadn, angles ahd area of ' 5'~i ?repose3 to he e~ected or of the ;":: riot thereof. }.. ~' (2) Thg section, block and lot } ]:Ynnmbers. if anj} as they appear : . on the latest tax re_cords. fi6hs on L~e~lo; 6f tlS~ pr°posed building 0r~buii81~ ~ sn~c- ;uraI altera~on bf ~ ;existing building a~d of o~ existing b.,iMir~- .i ,.[uzlm'al o.licl C¥..I 73 '~.lihhl'L- OII (4) T~di~iG.~s of all · y~ds in re~tion t0 ~e subject building;~d'~e die,ce be- .tween tach build~g'~d any ;other exi~figg:b~gs on the same lot ~d ~jaeem ?~. ,5', T]c c; 'i~i'm .,'~ 'vik",dc,1 .,.c ;' ":'1 aa:Id.' :z.. ca. ,,:: '[~ ,,, number of dv.'eHing ~,ts the butldh~g is desismed [o accom- mudatemdflienecess~-om- ' pu~ttom to~smDhsh conto~m, ~' (6) Such topo~a~fiid or other ~; i',fc.'~fier ','it5 -cqa-fl f¢ the ~.' [~LI dill- I . IoI ,' ',.' .,"N'rir,, ,,~retmin¢ [hat khe proposed con- I I. ~m a,~ph.: afi~,:,a £c,r':~6 aild- pr~-,, ed mb~v~i,gn ~iD sl'~ be accc,~p~i~ed b: ) 6e~ ab- -'r',' ,~ i,,- ..,,i,,i I'.:... .il:ar' :..'.'i' ,P..i .... ~'. e~it~e qc, t pc3:Srk~?ffl 9. ~05-' [ , 1. , ..:: s~ble f.5~ eSch .~aa~':_~ the .discrerio~ O~f. thd;BtFdd'~bg ha- I: ,'- fi!l., i!r¢'i.ll',: .~ i,.. FjI ~c. iI of ~ II I;ii.l,~c; i,...,.. ,ill',i,`i ~.~ Copies b(thts Lc, eM La'.'.' ~re ' a,.adabte ui me Office of the ;'To- n Clerk to ,in}: inlerested ..~?evSoas duria g~u~s~?~ ~gnr~ i - Dated: February 2~. t998 E£1ZABETH A. NEVILEE. SOUTHOLD TO~qq CLERK IX-2/26/98(34) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. LolIoI, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each xveek for ................................. weeks Sw,~, 7)e~ore me this ...........~.._..r'A_:day of Notary Public ' BARBARA k ~HNEIDER NOTARY PUBUC, State of New York Na. 4806846 Qualified in Su~olk Cou_nl~ L CommissiOn Expire~