HomeMy WebLinkAboutLL-2000 #17Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, 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 of
SOUTHOLD
LOCAL LAW NO. 17 of 2000
A LOCAL LAW IN RELATION TO WETLANDS
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 97, WETLANDS
ARTICLE I. General Provisions
§ 97-13. Definitions.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning
given herein. When not inconsistent with the context, words in the present tense include the future; words used
in the plural number include the singular number; and words used in the singular number include the plural
number. The word "shall" is always mandatory and not directory.
WETANDS [Amended 8-26-1976 by L.L. No.2-1976; 3-26-1985 by L.L. No.6-1985];
A. TIDAL WETLANDS:
(3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2)
and lying within 100 feet landward of the most landward wetland boundary of such tidal wetland. [Amended
11-10-1928,by.L.L. No.21-19981
FRESHWATERLANDS [Amended 11-10-1998 by L.L. No.21-1998]:
(3) All land immediately adjacent to a freshwater wetland, as defined in either Subsection B(I) or Subsection
B(2), and lying within 100 feet landward of the most landward wetland boundary of such freshwater wetland.
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 Judgment 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.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev. ll/99) (1)
(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. 17 of 20 00
the (C:xx:~')(C~')(Town) ~) of SOUTHOLD was duly passed by the
TOWN BOARD on SEPTEMBER 12, 20 00 , in accordance with the applicable provisions of law.
of
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 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 __, and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20 ,
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 20
of the (County)(City)(T0wn)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the on 20 Such local law was submitted
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 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was ~ed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village)_ of was duly passed by the
on 20__ , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , 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 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)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
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 20 __.,
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 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , 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 cities 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 indicated
in paragraph 1 , above.
Clerk of the~ounty legislative body. ~y. Town or Village Clerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
(Seal) Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
Signatuf~/' (..~
Mar~ 9. Wilson, Esq., Assistant Town Attorney
Greg-0"ry F. Yakaboski, Esq., Town Attorney
Title
Town of
Date:
(3)
SOUTHOLD
STATE OF NEW YORK
DEPARTMENT OF STATE
4 I StAte Street
ALBANY, NY 1223 -O00I
RECEIVED
OCT 2 3 2000
Southold Town Clerk
ALEXANDER F. TREADWELL
SECRETARY OF STATE
October 16, 2000
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD/ NY 11971
RE: Town of Soethold, Local LaW 17, 2000, filed 10/02/2000
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
r~incerely ~
seph P. Brozowski
State Records & Law Bureau
(518) 474-2755
WWW. DOS. STATE. NY. US
· E-MAIL: INFO.DOS.STATE. Ny. US
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 27, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
New York State Department of State
State Records and Law Bureau
u, 1 State Street
Albany, New York 12231
Re: Local Law Numbers 16 through 19 of 2000
Town of Southold, Suffolk County
Dear Sirs:
In accordance with provisions of Section 27 of the Municipal Home
Rule Law, I am enclosing herewith certified copies of Local Law Numbers
16 through 19 of 2000 of the Town of Southold suitable for filing in your
office.
I would appreciate if you would send me a receipt indicating the
filing of the enclosures in your office. Thank you.
Very truly yours,
Southold Town Clerk
Enclosures
cc: Town Attorney
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of SouthOld, New York
being duly sworn, says that on the 4th day of September 20i~0
she affixed a notice of which the annexed printed notice is a true copy,
in a proper and substantial manner, in a most public place in the Town of
Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin
Board, Southold Town Hall, 53095 Main Road, Southold~ New York.
LEGAL NOTICE OF PUBI~[Cii..HEARING ON LOCAL LAW IN RELATION
TO CHAPTER 97 "WETLANDS" on Tuesday, September ;12.. 2000 at~.
8:05 P.M .
Southoid Town Clerk
Sworn to before me this
5th day of September, 2001~.
~YCE M. ~L~INS
I~0tary Publio, b"~e of New York
No. 4952246, Suffoik County
Term Expires June ~2, ,,~ .~¢~.- I
PUBLIC HEARING
SEPTEMBER 12, 2000
8:05 P.M.
ON THE PROPOSED "LOCAL LAW IN RELATION TO CHAPTER 97, WETLANDS".
Present:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: The nest public hearing is a Local Law in Relation to Wetlands.
The reading of the proposed Local Law will be done by Councilman Murphy.
COUNCILMAN MURPHY: "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 15th day of August,
2000, a Local Law entitled, "A Local Law in Relation to Chapter 97, Wetlands" of the Code o£
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, September 12, 2000 as the time and
place for a public hearing on this Local Law, which reads as follows:
A LOCAL LAW IN RELATION TO WETLANDS
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 97, WETLANDS
Article I, General Provisions
§97-13 Defmitions
For the purpose of this chapter, the following terms, phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the context, words in the present
tense include the future; words used in the plural number include the singular number and words
used in the singular number include the plural number. The word "shall" is always mandatory
and directory.
WETLANDS [Amended 8-26-1976 by L.L. No. 2-1976;3-26-1985 by L.L. No. 6-1985]:
A. TIDAL WETLANDS:
(3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2)
and lying with g-5 100 feet landward of the most landward wetland boundary of
such tidal wetland. [Amended 11-10-1998 by L.L. No. 21-1998]
B. FRESHWATER WETLANDS [Amended 11-10-1998 by L.L. No. 21-1998]:
(3) All land immediately adjacent to freshwater wetland, as def'med in either
Subsection B(1) or Subsection B(2), and lying with g-5 100 feet landward of the
most landward wetland boundary of such freshwater wetland.
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
judgment 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.
*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: September 4, 2000. Elizabeth A. Neville, Southold Town Clerk."
There is an affidavit of publishing in the paper. There is an affidavit that it was published on the
Town Clerk's Bulletin Board. I don't see any correspondence.
SUPERVISOR COCHRAN: You have heard the reading of the proposed Local Law. The
purpose of this law if to change the jurisdiction from 75 feet to 100 feet in relation to wetlands.
The State is now 100 feet. Anyone like to address the Town Board in relation to this change?
JOE LIZEWSKI: The only problem that I see with this change is in the area where people have
already built within the 75 foot limit, and then there is one or two lots left that are now going to
be regulated to 100 feet back from the wetlands. I think that is unfair unless there is a chance of
somebody appealing to 75 feet to have somebody's view knocked off because all the other
houses that are in front of them, or on the side of them, are at 75 feet, and they are going to build
their house back further.
COUNCILMAN MOORE: Reminder, Joe, that is the section on regulation, authority to regulate
in that area. It doesn't establish.
JOE LIZEWSKI: It doesn't establish. In other words, you can still go for 75 feet.
COUNCILMAN MOORE: It just establishes the jurisdiction.
JOE LIZEWSKI: But it is not in stone that the Trustees have. I thought this law was going to do
it that you couldn't do it within 75 feet. So, it will allow someone that is in neighborhood,
everyone is the neighborhood has a 75-foot setback, and they now decide to build that they could
build in line with the other homes. Okay. That is good. Thank you.
HOWARD MEINECKE: Howard Meinecke. North Fork Environmental Council. I would just
like to say that the Peconic Estuary Program came out and it reinforced what has been said for
years, that lawn chemicals, septic runoff, road runoff, all that kind of stuff is what it spoiling our
bays and our estuaries, and so on, and this 75 feet to 100 feet is a belated effort to move people
back so there is more filtration between the source of the bad stuff and the bay, so at some point
we have to realize we all live here, the property was subdivided years and years ago. All the
property is owned by somebody, but if we say everybody needs a variance, and everybody can
snuggle up ten feet from the water, we are all going to be flushing into the water, sprinkling our
fertilizers into the water, and we are going to spoil the bay even faster than we are spoiling it, so
admittedly logic has to be used, and there will be an appeals procedure, but this is the kind of
thing that over time changes happen, and we have to realize it, and I think you have to look at the
fact that the bay and the estuaries are one of the important parts of our area out here, and yeah,
it's. a difficult problem, and there will be some Solomon like decisions have to be made, but the
Brown Tide, and all the murk out there, and the lost of the scallops, and one thing and another,
that just didn't happen out of nowhere. That seems to be tied to civilization, and civilization
getting too close to where it shouldn't be, so there is logic to this, and there is an appeals
procedure, but let's not be too soft on the appeals procedure, because we have an objective, and
at some point we have to show backbone to get there. Thank you.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board in relation to the
Local Law extending 25 feet in relation to the wetland?
ALBERT KRUPSKI: Albert Krupski, Southold Town Trustee. I have a question for the Board.
How did you come about the 100 foot designation?
COUNCILMAN MOORE: It came out of one of several suggestions that came out of Voorhis
Water Study, Water Management Plan, back in January. This and a whole bunch of water
resource related actions.
ALBERT KRUPSKI: So, where do they get the 100 feet from?
COUNCILMAN MOORE: I would have to go back and look at the study. I am sure of part of it
was the Peconic Estuary Plan.
ALBERT KRUPSKI: It is just an arbitrary number.
COUNCILMAN MOORE: I suppose any number is an arbitrary number. There has to be some
justification.
ALBERT KRUPSKI: Unless it is based on science.
COUNCILMAN MOORE: I will go back and look at why (unintelligible)
ALBERT KRUPSKI: I don't know.
COUNCILMAN MOORE: (unintelligible)
ALBERT KRUPSKI: You want to assume that. Okay. I am not saying you want to assume it. I
was asking where the 100 feet came from? You don't know where they got the 100 feet from?
Okay.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
ALICE HUSSIE: Alice Hussie, and I have to agree with this lady. It is very difficult to hear
anything. I don't know if the mikes aren't working or something, or the volume isn't up. Mr.
Krupski brought up a question, and I have to ask a question then because of it, and that is has this
law not been run past the Trustees? It was always my understanding that wetlands are Trustees
territory.
SUPERVISOR COCHRAN: The jurisdiction the Town Board gave it back to them quite a few
years ago. Yes, and they have been in to see us.
ALICE HUSSIE: Then I don't under Mr. Krupski's question about the 100 feet. Okay, let it go.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board in relation to the
wetlands? If not, I will close the heating.
Eliz(~'beth A. Neville ~-
Southold Town Clerk
LEGAL NOTICE
"NOTICE OF
......... PI3BEIC H~EA, Ri.~G
.:..::.~ ':...O~,,L6CXL'LAw. ·
' PUBEIC .NOTICE. lg" HEREBY
-GIVEN 'that ~er~ 'ha~'~ecn p~esent~
ed to, the..Town'.Bo~d.::.OT, the To~'~ of
Southolfl,,SUffolk ..~ty, NeW,York'.
-on the 15th. day..:0f'~guSt..2ffi0, a
~ ~w. entitled; :,A~ L~I Law.in
R~lafion to Chapter..~.Wet~n~', of
· e. Code ~ the Town of Soufl~old. '
NOTICE. IS FUR~ER..GIVEN
that the Town' Bo~d .of the To~n': of
Soume~d~;win :~eid..'.a/pub!iC"heating
on the ~ores~d...,~cal-Law at the
South,}d '~o~n::. :;H$tI¢' "5309~'. Main
Road~ S~uth~d~Ne~.York;:~d .here-
by SetS'~&0S~'P;M4 .Tu~y~.,~ptem~r
which reads as. foll0~s:
'LOCAL LAW NO.
.'o~
A ~OCA~ LAW'iN
R~EATION TO WETEANDS
aE iT EN~C~?..by' th~' TOwn
Board of-the T0~n' 6f:SOuthk)M' as ~ol-
lOWS:
.t...~hfipter 97, WETL~DS'
~RTI~LE !~: Gepera]..pr0vifii0ns
~97,1B..Definiti0ns~
,FOr t~e.purpose 0f tliis chapter, the
f0ne~fig' ~rm~ phrase~'words and
't~e~r::~igatiSns sha~ h~ve the mean-
Mg 'g~ven here~n. ~When not mconsis-
tefi~.:':~th thc ~ontext, words in the
present' tense include the future;
words '.used in the plur~ number
include '~e': sifigular, number; and
words used. ~"ihe:-'~Mg~iar numar
include the 'pla~al'~number. ~e word
"shall" is always .~ndato~ and not
directory.'
· WETLANDS .'[Amended 8-
260~976. by L.L.' N6.'2q'976"3-26~ 1.985
bY L;L.' No. 6-1985]:
A. TIDAL:~LANDS:
(3)'~l'l~d :.iMme~ately adjacent
to a tidal wetland.' as defined in
'Subsection .~(2)m~d..i~g Withih ~
1~ feet landward.'oF thc most land-
ward' Wetland boundary of'suer tidal
Wetland~ [Amended 11-t0-1998 by
-B..'F~SHWATER ~TL~DS
[Amended:llq04~8 by L;L. No..Z1.-
1998]:
(3) All land immediately'fi~ja~nt
to a freshwater 'wetland, as 'defined in
"ei~r Sub~e~tibn 'B(1) or 'Subsection
B(2),. and l~g within ~' 'l~-'feet
landward o~-the most landwaid ~et-
land bounda~ of such fregfiwater
wetland.
IL Seoerability~ .If.'any section or
subsection', paragraph, clause; phrase
Or ~rovision 0f.'tKis.laW' shrill be
judged invalid or held ':' un-
constitutional by any'court-'of Compe-
tent jurisdiction, any }u~gment made
i~y ~hali fi0~ ~eci~tfi~ Validity of
· ~ law as awholc or 'any part.there-
Of o~her ~an ~e- p~t or'provision so
fidjUdged t~' b~ i~Valid 6r .UncomtitU-
tional.
III.~is Local Law shall take effect
~mmediately upon filing' with 'the
Secretary of'State: ~ ·
· Underline represent, additions.
Stfikethrough represents'deletions;
Copies of ~is :Local ~w are agail-
able in 't~. Office. of. theT6wn "Clerk
STATE OF NEwYORK)
)SS:
COUN'FY OF i~UFFQLK) ,
' ~J ~C~ ~, [~(t~tS' of Mattituck, in said
county, being duly sworn, says that he/she is-Principal
clerk of THE SUFFOLK TIMES, a weekly newspaper,
published at Mattituck, in the Town of Southold,
County of Suffolk and State of NewYork, and that the
Notice of which the annexed is a printed copy, has
been regularly publiShed in Said Newspaper once
each week for I weeks successively,
ofC°mme-ncing~ ~' on2(lo~the '-~ -t¼ day
,
(~ Principal Clerk
20 OO
Sworn to before me this
day of
CHRISTINA T. WEREn
Notary Public, State of New Y0~k
No. 01WE6034554