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Home My WebLink AboutLL-1998 #25Local Law Filinb- NE'~"~RK STATE DEPARTMENT OF STATE 162 WASL~_= .OTON AVENUE, ALBANy, NY I22~! (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. . ~x of Southold ....................... Town .................................................................. Local Law No ............. .2.5._ ................. of the year 19--9-8-- A local law-in Relati°n---t-°---A~m--a-t-e--u--c--R--a--dj--°---O-9-e-r-a--t-i--°-n-s--' ....................................... ;- '- Be it enacted by the - Town Board ............................................................... of the ~t~ o f _ _ .S_o_u_t h_.o_l.d_ ............................................... as follows: Town Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Article IVl, Section 100-161 is hereby amended as follows: 100-161. Scope. The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC) regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate, or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Chapter 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations. II. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgement made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. III. This Local Law shall take effect immediately upon filing with the Secretary of State. (Xf additlonnl space is needed, attach pages the sam- size ns this sheet, and number erich.) (1] · 1X~.2~9 (ll.~v. ?/91) ' (Complete the certificatlon~in the paragraph that applies to the filing ~f 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 ...................23 .............. of 19-~-~.. of the ~OC~ I~ .~i~c){Town)(~l~) of .... .S..q.u.t._h._o_[.d._. ............................................ .was duly passed by the -----T--°-~-n----B--°~E-cl- ......................... on ._l~RC.t__13. ..... 19 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 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 (approvedXnot apptoved)(repessed after disapproval) by the .................................................. and was deemed duly adopted ou ............... 19 .... , 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 .................. t9 ...., and was (approved)(not approved)(repassed after (Name o, f LegislaK~,¢ Body) disapproval) by the ................................................. on ................... 19 .....Such lo<al law was submitled (Electi~'e Chief ~xecudve 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 (geueral)(specialXannual) election held on .................. 19---- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition wns Fried requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No ...................................of 19 ...... of the (Counly)(City)(Town)(Village) of ............................................................. was duly passed by the ................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after £,Vame of Leglsl~ti~ Body) disapproval) by 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 law. Elective Chief Executive Officer means or includes the chief executive office~ of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor ora town where such officer is ve~ted with the power to approve or veto local laws or ordinance- (2) $. (City local law concerning Charter revision proposed by petition.) I hereby cegify that the local law annexed hereto, desism~ted as local law No ................................. of 19 ...... of the City of ............................................. having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(,general) election held on ................... 19 .... , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, dezignated as local law No ................................... of 19 ..... of the County of ...............................................State of New York, ha~ing been submitted to the electors at the General Election of November .................. 19---, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the tom of said county considered as a unit voting at said general election, beome operative. (If any other authorized for m of final adoption has been followed, please provide an appropriate certification.) I further c~rtify that I have compared the preceding local law with the ori~nal on file in this office and that the same is a correct trauacript therefrom and of the whole of such ori~nal local law, and was finally adopted in the manner in- dicated in paragraph----I ......, above. oe~k ofdl~ cowry legi.~tive body. Ci~, Tow~ ~ V'tl~e ~ or officer designated by local legis[aliw body Elizabeth A. Ne~v~le,~ Town Clerk (Seal) Date: 12[~/98 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) mw FO LK COUNTY OF Gregory F. Ya sk~?, Titlc all proper proceedings Town Attorney l~ty of Town Date: Southold (3) ALEXANDER F. TREADWELL SECRETARY OF STATe {ZECE D 1 4 {999 ELIZABETH A. NEVILLE TOWN HALL 53095 MAIN ROAD SOUTHOLD, NY 11971 , STATE OF NEW YOrk DEPArtmeNT Of State ALBANY, NY 12231 -0001 January 8, 1999 RE: Town Of Southold, Local Law 25, 1998, filed 12/28/98 The above referenced material was received and filed by this office as indicated. law filing forms will be forWarded upon request. Additional local Sincerely, JGD:ml Janice G. Durfee Principal File Clerk Bureau of State Records (518) 474-2755 printed on recycled paper PUBLIC HEARING SOUTHOLD TOWN BOARD NOVEMBER 24, 1998 5:25 P.M. ON A PROPOSED "LOCAL LAW IN RELATION TO AMATEUR RADIO OPERATIONS". Present: Absent: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Councilwoman Alice J. Hussie SUPERVISOR COCHRAN: The next public hearing is a hearing in relation to amateur radio operators. Bill? COUNCILMAN MOORE: "Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 10th day of November, 1998, A Local Law entitled, nA Local Law in Relation to Amateur Radio Operationsn, of the Town Code of the Town Code of the Town of Southold. 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, and hereby sets the 2~th day of November. 1998, at 5:25 P.M., as the time and place for a pubic hearing on this Local Law, which reads as follows: A Local Law in Relation to Amateur Radio Operations BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Article IVI. Section 100-161 is hereby amended as follows: § 100-161. Scope. The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC) regulations pertaining to such facilities. Nothing herein shall be construed to apply to, prohibit, regulate, or otherwise affect the erection, maintenance, or utili?~tion of antenna.q or support structures by those licen.~ed by the Federal Communication,q Commission pursuant to ch~ter 47 of the Code of Federal Regulations Part 97 to operate ,Amateur radio stations. pg 2 - PH II. This Local Law shall take effect upon its 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 regular business hours. By order of the Southold Town Board of the Town of Southold, Southold, New York. Dated: NoVember 10, 1998. Elizabeth A. Neville, Southold Town Clerk." We have proof that it was publiShed in the Traveler-Watchman, that it was posted on the Town Clerk's Bulletin Board, and we a letter of local determination from the County Planning, and a recommendation for adoption from our Town Planning Board as Well. There is no correspondence. SUPERVISOR COCHRAN: Is there anyone that would like to address the Board in relation to this change for amatuer radio operators? Mr. Cuddy? CHARLES CUDDY: Charles Cuddy. Just briefly I would object to this local law to the extent that it adversely impacts any private, other private radio towers, or transmissions to those towers. I ask that the remarks I made at the prior hearing in reference to a very similar type of amendment with this exception be incorporated into the records. SUPERVISOR COCHRAN: Anyone else like to address the Town Board? (No response.) We are going to hold decision on this one also until the next Town Board meeting, Mr. Cuddy, and everyone else. That ends our public hearings. Southold Town Clerk N( )'1'l(1': (')F I'L IILIC I II"..M~,I N('; ON · I.()('AL I.A~V "~O'I'IC E I~ I IErF:II¥'(;IT, Ih.",ll Iht're I1~1:..;. I')ccn pr.fi:;u'nh.'d I,') Iht. I'own I~oard oi'lh~ I.~)~vu o1' Nomh<)Id: '~ill;i:olk ('.~'~lllli~.,. NU~ York. on hc 10.d~ d~'~' ~11 uiu illed "'A I.otal I.~l~ in r~la- lioil io .~inli(tiir ra~io Oil~ni- lioii~", or lilt ~l,'o)~ii Co~l~ ol'lllt 'l'm~ n of~oulliohl'L ~O I'I('E I~ I-:I.,RTHI,]I( Ihul. ihu 'l'o~ il Board ol~lll~~ I,o~ i~ I.a~ ai iht ~outhold I'o~n Ihill. 5:Z5 P.M.'a~ I]lu L'inl~ ~lu~l Ibr ~t ptll~lic Ilu~u'Jnu Ol~..~his I,()CAI,I...X%~ NO,. .199~ . · ~ I,ot~il I,~t~v. ili I{~Jon lo :~Inli'lttir rndio I~.l~ IT ENACT'I~I). bt 'l'o~u Itoard oi'~lfic' I~ n · I. Chnptur.lO0 ~()lli~l~ oI'l[lU ('~Td~ of' ihu 'l'o~vn,:ol' %pulhol~J is hulx, b~ nuiu'ildud as Ihllott ~; The re~ulathin'~.o f Iliis a rfitle ~h;i[I ~ov:tFii and ~oillrol' tilL' e?ttlJ(m, ~illn r~'inel~ I~ e.~ i)n n- ~loII. ll[[tr~ilJoll. (~i)O-alioii. ni~lJii- [L'll~ilit~. I~I(l~IliOri ~lll~J I'~III(IT'~I] oI'alF ~:irele~ tolnnltllli~l [Joii f~ltJlilie~. Tht I't~uhllio'n~ of Uli~ ~i']'~i~l~ i'~hil~ l(I lli~ h)tn- lion hffll dt~i~ii or ille~.facilJ- (ie~ ~lnd shrill J)e hi ndilhJon (o Iht.I init i~ions.or the ~ou tlu)kl Ihiil(lifi~ afl(l'~onin~ (.'odc~ ~iii(I kiT~ ~'oi,'FYd~,i-al Conimunicliliou ptrlhiifin~ (o ~uch I~tifilie~. ~9.i.~lhi~..~ltreiil ~hall I)t ton- rt~ll.lji(t, or~)lhtn(,i~t llll~,cl Iht trL'tliofl~ Illliililtilllli~L', (~I' Iii ~ Z:llioll. (1| ~illl L'II n,'l.,,; or .flll)l)lll'| .~t rlltll/re~ Ilv.tho.,~e lictn~ed h& 'C'(~lllllli~iof] I)111'~11~1111 h) L'Jl~ll)- Itr 4~ of iht (. odt' of' I"L'derul ,.~l]l~llc[[r radio II."i lin I.ocaI [:~1%%' ~haJI cl'l~'~l upon i'[~ Iilin~ 'x~ill~ [liu * I'ntlcrlhle rcpr¢~,nt~'tl~kfi. ' IJOIl~ Nlrik~lhi'ough I'epre.~en i.~ tleJ el h)n~ C°l)it~ °flhi~'Lo~al ~n~ ntt iix iii h~iJlt in tilt ()l'11~ iff I'Jlt . '['o~, n Clerk. Io imy [)cr~on~ dnl-iu~ tt~ular nc~s houl-~.. 11%" Oltl)l~r OF 'rllF: ~OI'TIIOIJ) TOWN I~O.~RI) OF' TIlE TOWN OF' NOI,'I'ItO I.I), ~O.L. TIIOLI). I)~letl: Noveniher I II. I ELI~AIU.~ITI ~A. ~EVII.I IXl I. 19 COUNTY OF SUFFO~];( STATE OF NEW YORK SS: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of theTRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- rice 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 o~ ~ ~ ,1 9.~....~ /? Sworn to before me this ........................... day of Notary Public BARBARA A, SCHNEIDER NOTARY PLIBUC, State of New York ilo, 4806848 Qualified in Suff01k t:~i/~ Commission Expires eeo