HomeMy WebLinkAboutLL-1998 #28Local Law Filin
NE%,;,.,ORK 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 not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town
Local Law No ...............2.~ .................. of the year
Town Board ........ of the
Be it enacted by the ...........................................................................
of__._s_.o_.u..t__h.o.!_c! ................................................................... follows:.
Town
I. Chapter 45 (Fire Prevention and Bui{din9 Code) of the Town of $outho{d as follows:
1. Section 45-8(A) (Building permit required; application for permit) is hereby
amended as follows:
No person, firm or corporation shall commence the erection, construction, enlargement,
alteration, removal, improvements, demolition, conversion or change in the nature of the
occupancy of any building or structure, or cause the same to be done, without first obtaining a
separate building permit from the Building inspector for each such building or structure. A
building permit shall be required for any work which must conform to the Uniform Code. Except
that no building permit shall be required for.
I;1] necessary repairs which do not materially affect structural features;
[2] alterations to existing buildings, provided that the alterations:
(A) cost less than $10,000;
(B) do not materially affect structural features;
(C) do not affect fire safety features such as smoke detectors,
sprinklers, required fire separations and exits;
(D) do not involve the installation of electrical systems; and
(E) do not include the installation of solid fuel-burning heating
appliances and associated chimneys and flues;
[31 small noncommercial structures less than 100 square feet in floor area not
intended for use by one or more persons as quarters for living, sleeping, eating
or cooking, for example: a small storage building.
Whether or not a building permit is required, all work, structures and buildings must
comply with the previsions of ChaPter 100 of the Southold Town Code (Zoning).
(If additional space is needed, attach pages the sam,' size us this shect, and number each.)
(1)
DOS-239 (R~v. 7,9 t)
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.
(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.)
I hereby certify that the local law annexed hereto, designated as local law No .............. 28_ .................. of 19--9--8__
of t. Lhe (<~na~ I~ .~Ly)CTown)(:~rflk~ of .... .S__o..u_t._h._o_l_.c].__ ............................................. .was duly passed by the
.... .i__o__w._n__ _~__o_a_.r._o. ......................... on ___.D.~.~,___I~ ..... 19.9_~., in accordance with the applicable provisions of law.
(Name of Legixlative B~ty)
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 approved)(repassed after
disapproval) by the .................................................. and was deemed duly adopted or~ .............. 19 .... ,
(£1ecdv~ Chief E.r~cmive Officer*)
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 of Leg;Madve Body)
disapproval) by the ................................................. on ................... 19 ..... Such local taw was submitted
(Elecd,'¢ Chitf ~xecutive O~cer')
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 (geneml)(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 was f'ded requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ................................... of I9 ......
of the (County)(City)(Town)(Village) of ............................................................... was duly passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after
~,%'am¢ of LegiMative Bo~v)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
(Elecdv,e CM~f Executi~e Officer*}
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 alerted 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 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 hw annexed hereto, designated as local law No .................................... of 19 ......
of the City of ............................................. having been submitted to referendum pursuant to the provisions o£
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 (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, designated as local law No .................................... of 19 .....
of the County of .................................................... State o£ New York, having been submitted to the electors
at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 o£ 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 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----I ......, above.
Clerk of the (~b~mty legislative ho<ly, City, To ~'~ or V'tl~ge Clerk
or officer deslg~ted by local legislative body
Elizabeth A. Neville, Town Clerk
(Seal) Date: 1 2 / ~/98
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
ST~ OF te~W ~=FO LK
COUNI~ OF
Titlc
~ty of
Town
Date:
Southold
12/,J~ 98
(3)
ALEXANDER F. TReADWELI
SeCRETaRY Of StaTE
STATE OF New York
DEPARTMENT OF STATE
AlbaNY, NY 12231-0001
January 8, 1999
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 28, 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
DECEMBER 8, 1998
8:05 P.M.
ON A PROPOSED "LOCAL LAW IN RELATION TO BUILDING PERMITS".
Present:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
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
SUPERVISOR COCHRAN: The next hearing is on building permits.
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 2[~th day of November, 1998, a Local Law entitled, "A Local
Law in Relation to Building Permits" 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
8:05 P.M., Tuesday, December 8, 1998 as the time and place for a public
hearing on this Local Law, which reads as follows:
A Local Law in Relation to Building Permit
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter ~5 (Fire Prevention and Building Code) of the Town of
Southold is hereby amended as follows:
I. Chapter ~5 (Fire Prevention and Building Code) of the Town of
Southold is hereby amended as follows:
1. Section u,5-8(A)(Buildlng permit required; application for permits)
is hereby amended as follows:
No pm'son, firm or corporation shall commence the erection, construction,
enlargement, alteration, icmoval, improvements, demolition, conversion or
change in the nature of the occupancy of any building or structure, or cause the
same to be done, without first obtaining a separate building peru,it from the
Building Inspector for each such building or structure; except flint tie buildittg
p~mit shall be required for tl~¢ p~x£oxmanc¢ o£oldiLt,~y repairs which me llOt
~,ha~tma] in natme A building permit shall be required for arty work which mu.~t
confer,,, to the Uniform Code. F. xcept that no building permit shall be required
for:
pg 2 - PH
[1 ] necessary repairs which do not materially affect structural features;
[2] alterations to existing buildings, provided that the alterations: (A) cost less than $10,000;
(It) do not materially affect structural features;
(C.) do not affect, fire safety features such aa smoke detectors,
spHnklers, required fire separations and exit~q;
(D) do not involve the installation of electrical system~ and
(E.) do not include the in.qtallafion of solid fttel-burnirlg heating
appliances and associated chimneys and flues
[3] small noncommercial structures less than 100 square feet in floor area not
intended for u.qe by one or more persons a.q quarters for living, sleeping, eating or
cooking, fOr example, a small storage building.
Whether or not a building pet mit is required, all work, structures, and buildings mn.qt
comply with the provisions of Chapter 100 of the .qouthold Town Code (7~ning)
* Underline represents additions
Strikethrough represents deletions
II. Severability. If any section or subsection, paragraph, clause, phrase
or providing of this law shall be judged invalid or held unconstitutional by
any court of competent ~urisdiction, and 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 unconst|tutlonal.
III. This Local Law shah 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 |nterested persons during regular business hours.
By order toe Southold Town Board of the Town of Southold, Southold,
New York. Dated: November 2/~, 1998. Elizabeth A. Neville, Southold Town
Clerk." There is proof of publlcatlon in the Traveler-Watchman, proof that
it was published on the Town Clerk's Bulletin Board.
SUPERVISOR COCHRAN: You have heard the reading of the Local Law in
Relation to Building Permits. Is there anyone who would like to address the
Town Board? Any input? Yes, sir?
HOWARD MEINKE: My name is Howard Meinke. I speak for myself,
and the North Fork Environmental Council. It seems you all have short
memories. It wasn't all that long ago when the very ugly Jim Gray building
suffered through a lot of concern, and I think there was a consensus that
maybe that there was some point in Architectural Review, there was some
point to general public knowledge, and oversight of what the various
Planning, Zoning, Building, ZBA, all did, because that was another
satisfactory result. Now, not very much later we get to this point when we
have very small structures, fences, outbuildings, and the proposal is to
just let them be built, and I think that is a mistake. We think that is a
mistake. Just look at fences. If you go to various towns, and various
placss, you will find that in some places you could have a fence in front of
pg 3 - PH
your property, and some places you can't. Some places you can have a rail
fence, which is a see through fence, but you can't have stockade fence. At
some places you have a sidelining fence from the front line back. At other
places you can have a sideline fence from the projection of the front of
your property back. Stockade fences have a front side and a back side,
an inside and an outside. I think that people, the citizens, don't know all
these ins and outs, and if they want to do a little building, I guess ten by
ten is a size, if they want to do a fence they will do it. Then if it is
not in accordance with the regulations, they will go to the ZBA, and they
will say, gee, I have spent money, I have done it. I didn't know. I am
sorry. It is wrong, and really I don't think our BOards are trying to
harnn~er everybody, s° there is a good Chance that they Will say, well, it is
not really a harmful t~ing, let's let it go. Now~ i~ seems to me, that
, .who Wanted ~to do anyone of those things, came to the Building
t, and the 'BUilding '.Department create the necessary information
could a nominal fee to get them there, talk to someone
at t~he desk, get .a of the regulations, as they apply to that
project. :They Wodld now in the town as doing that. They would
be unable to say, ! d~dn't understand the rules, and they would go back
and do theist project. That seems to be to me make ever so much more
sen~se, because otherWise you are saying, neighbors elect to police their
r~ei~hj~or~. Neig:hbo~s d~n!t do that. Ii~ is n~t a nice thing to do. We
~hc~t~ldn!t set oc~r regUlations to' try to make that happen. Thank you.
SUPERVISOR COCHRAN:. Thank you, Howard. Is there anyone else who
woulid like to address the Town Board? (No response.) I will close the
hearing.
Southold Town Clerk
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I. ('huplu'r'4~ ~l"i['.: Ih'.:x
being duly sxvOrll, sax.'s ['hat
,n (]oordin,dor, ()( thu TI(,.XV-
:)11< C(.)tlnly; and Ihar Ihe rio-
in said Traveler Watc]'lrtlan
I'
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.....................................
rlC~llC:illg OI1 lbo ..~ .............
. .~.~ .'~.... :...... ~;. ;~'...~ ....... ~....' ....
.,~ .... c;-.~-' ./'
· ~:?;~ ......................................
I(~ Ihis ...... ~....~'. ............ day of
,'1 g...~.~
,')larv I"ul)lic
BARBARA A. SCHNEIDER
NOTARY PUBLIC, State of New York
No. 4806.~46
I~ualified in Suffolk Com'tly ~
C om mi,~.'.'.'.'.'.'.'.'.~on ~ pi,'e s