HomeMy WebLinkAboutLL-1998 #26Local Law Filing
YORK STATE DEPARTMENT OF STATS
162 WASHINGTON AVENUE, ALBANY, NY
(Use this form to file a local law with the Secretacy of State.)
Text of law shoutd be given as amended. Do no! include matter being eliminated and do not use
itatic~ or underlining to indicate new matter.
· ~x of Southold .......................
Town ...................................................................
Local Law No ................2_6_ ................. of the year 19---9-[
A local law _j~_~qtagio.._n__tg._.G_.ql.f__.C_o..u.r_s.e__s._. ............................................................... --
Town Board of the
Be it enacted by the .....................................................................................
follows:
Town
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as
1. Article I, Section 100-13 (Definitions) is hereby amended as follows:
CLUB, MEMBERSHIP OR COUNTRY OR GOLF - an entity established for the principal
purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting
or similar activities, but not including any form of aviation, outdoor trap, skeet or target
shooting or motorboat racing.
2. Article III, Section 100-31 (Use Regulations) is hereby amended as follows:
(7) Beach clubS, tennis clubs, country clubs, golf clubs and annual membership
clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational
buildings and maintenance buildings catedng exclusively to members and their guests,
subject to the ~.ollowing requirements:
(a) No building or part thereof or any parking or loading area shall be
located within one hundred (100) feet of any street line or within fifty (50) feet of
any lot line.
(b) The total area covered by principal and accessory buildings shall not
exceed twenty percent (20%) of the area of the lot.
(c) No such use shall occupy a lot with an area of less than three (3) acres.
:EN
II. Severabllity. 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.
(Complete the certification in the paragraph that aPplies to the filing of this local law and
strike out that which Is ~ot applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed he~reto, designated as local law No ............... _2__6_ .................of 19--9-8-__
of t. Lhe ~:In~ ~ .:~){Town)(~qlktg0~ of .... ~.o._u__t_h._o_[9_ ............................................... . was duly passed by the
.... .l..o_.w..n.._R_o_a..r_.o. ......................... on .._D_~c_~___8. ..... 19 ._9..8, in accordance with the applicable provisions of law.
(~Vame of L~glsladve B~dy)
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 almexed 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 approved)(repassed after
(?l:~rnt of.L~gLdative Body)
disapproval) by the .................................................. and was deemed duly adopted oa ............... 19 .... ,
(£1ectlv~ Chic! Er. ecudve
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ................................. of 19 ......
of the (County)(City)(Town)(Village) of ................................................................ was duly passed by the
................................................... on .................. 19 ...., and was (approved)(not approvedXrepassed after
(Name oILcglsladvt Body)
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted
(Elective Chief Executive
' to the people by reason ora (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (geneml)(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 f'fled requesting
referendum.)
I hereby certify that thc 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
INam¢ o~ Legillative Body)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
(Elecd*'e Ck~f Executive O~ctr*}
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 village, or
the supervisor of a 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 ora majority o£ the
qualified electors of such city voting thereon at the (special)(geneml) election held on ................... 19 .... ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors o£ 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 final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same '
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in~
dicated in paragraph-.--1 ..... , above.
Clerk of the C~ty leg/slativ~ body, City, To~im or V'fl]age Clerk
or officer d~ignated by local leg/she/ye body
Elizabeth A. Neville, Town Clerk
(Seal) Date: 12/.Jm~98
(Certification to be executed by County Attorney, CorPoration Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
S'r^TE OV hqrW Y~lr[: F O L K
COLrNTY OF
I, the underaigned, hereby certify that the foregoing local law~9ontain.q the correct text and that all proper proceedings
have been had or taken for the enactment of the loca~ _
Gregory F. Yakaboski, Town Attorney
Title
l~y of
Town
Date:
Southold
(3)
ALEXANDER F. TREADWELL
SECRETARY OF STATe
STATE Of NEW York
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
JAN 1 4 1999
Southold Toga Cle~
January 8, 1999
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 26, 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,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
printed on recycled paper
PUBLIC HEARING-
SOUTHOLD TOWN BOARD
NOVEMBER 2[[. 1998
5:20 P.M.
ON A PROPOSED "LOCAL LAW IN RELATION TO GOLF COURSES".
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. Hussle
SUPERVISOR COCHRAN: This a Local Law in Relation of Golf Courses.
Brian?
COUNCILMAN MURPHY: "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, "A
Local Law in Relation to Golf Course", 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 5:20 P.M., as the time and place
for a public hearing on this Local Law, which reads as follows:
A Local Law in Relation to Golf Courses
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 I, Section 100-13 (Definitions) is hereby amended as follows:
CLUB, MEMBERSHIP OR COUNTRY or GOLF COURSE, NONPROFIT -- ~
not-for-profit corporation, as d, fined h~ § 102 of the Not-Fro-Profit Corporation
Law of the State of New Ymk, An entity, established for the principal purpose of
engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting or
similar activities, but not including any form of aviation, outdoor trap, skeet or
target shooting or motorboat racing. The activities of such a club slmll be limited
to its membe~ and their guests and slmll not be extended to the general public.
pg 2 - PH
2. Article III Section 100-31 (Use regulations) is hereby mended as follows:
(7) Beach clubs, tennis clubs, country clubs, golf clubs, public golf coulees
and annual membership clubs catering exclusively to lnembets and their ~ttests
and accessory playgrounds, beaches, swimming pools, tennis courts, recreational
buildings and maintenance buildings catering exclusively to members and their
gutmt~, subject to the following requirements:
(a) No building or part thereof or any parking or loading area shall be located
within one hun&ed (100) feet of any street line or within fifty (50) feet of any lot
line.
(b) The total area covered by principal and accessory buildings shall not
exceed twenty percent (20%) of the area of the lot.
(c) Such use.shall not be conducted for profit as a business eotetpLi~e.
(fi) (c) No such use shall occupy a lot with an area of less than three (3) aeres.EN
Underline represents additions
Strikethrough represents deletions
This Local Law shall take effect immediately upon filing with the Secretary
of State. 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."
Basically what this is doing is, again, cleaning up some language in the
Code, where there is specification whether a corporation could be profit or
non-profit in operating a golf course in the town. My advice to the Town
Attorney is it was something that non-profit or profit was not a proper use
for designating how a business could be run. It would be, in this case,
either public or private, and there was a few other language cleanups here
as far private country clubs catering exclusively to member and their
guests. I have an affidavit that it was published in the Mattituck Watchman.
It was on the Town Clerk's Bulletin Board. The Suffolk County Planning
Department said it was a decision for local determination. There is no other
correspondence in the file.
SUPERVISOR COCHRAN: Anyone like to address the Town Board on this
Local Law change in relation to golf courses? (No response.) I am going
to hold this open because the Planning Board met last night, and they have
a possible recommendation for a change in wording to clarify a little bit,
so we will hold that hearing open, and wait until we get what they are
concerned with, and then we will finish it up at the next Town Board
meeting.
Southold Town Clerk
H~e"l'ox~ n.13o;{rd.ol'lhe I own
~0'!'1( '1'~ I~ I~1, r~l II~R('ilVI.~
he~rin~ on IbC albr~;d~J.l~o~al
],n~% tit IJl~ ~tq[lhoi~] 'l"o~ d I hill.
~309?Main Road.
241h tlRx
5:20 ,l~: ~1. tl~ ihc'tim.~' and.pth~u
Ibr a pbblic hu~i'iu ~ Oll l]l~s .l()ct]l
I.~x~. ~vhk'h [:~ttd~ ~s Ibllt~, s:
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(odc'~) ' lit I ~% t Ol'~ou hokl is
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t I)cfinidtms) is Itdl'cb~ a[ncndccl
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( X )~'; N'I"R Y oi: (~')l ,F C()U R-SI.~
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hunth3~ 6r.~infiku' h~li% i~c~ bm
tit)n, d{ittf<~(~' h';~p;' ~t ,or lar-
~ct ~lmotin~.or,moto['houl n.)c-
~;id h~ir ~tf~;L; antl.:,h;tl] ])Ol
ru'c~u'aflol']~ll bId]dinah alid main-
lenan~*e I~uild~n~.s
~i~elx t~) lilel~lhul:~ ~111~[ [heir
L~ue~l. suhie~l ~o thc Iblkm in~
requireme;~is; "
(a) No buildin~ o '. ~arl d~e 'eol~
sha be'loCaJe~l ~ ill~ n on~ hm~-
th'c;d (100) IL'ur ol'tlli~ s 'uel ' 'e
(b) Ih'e iota area uovurud.bx
.~rirt~;iPaj'
telll (20 [,) (I'lhe area of'tIle Iol.
~1.) (~) No ~[[~1 Isc shal oc-
limn Lhre~' (
~1 'iitlerli[,~ [-el)~ese[i(s mldiiim~s
Sl[jk~lh r?ugh'rei,['e~eni~ del-
l'his Loeill.l.~w ~hllll
Ihe ~e]'ela ~..~
l]¥~lilnbfc in the (JflJ~e or the
ne~s ho,rs.
I1% Oll'I)Eli Oi.' ' ;i'.lll.:
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OF '1'111~ "r ()'TT' ~ o1.'
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I)tilt(l: Nove[[ll)er I
~OI ~TI IOI.I~'I'O.X~'~ CI.i~ RE
IX-I I. It~ ~S (3S3)
COUNTY'OF SUFFOLK
STATE OF NEW YORK ss:
Patricia C. Lollot, 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 week for
/
.................................... .(. ................................. weeks
successivel, q_~ommencing on the ...../.../~.... ........
Sworn to before me this ......... ./...~. .......... day of
Notary Public
BARBARA A. SCHNEIDER
NOTARY I%IBUC, State of New York
No. 4806846
Qualified in Suffolk Comth~ ,~
Com~ Expires ,lal}.~O.o