HomeMy WebLinkAboutLL-2001 #05Local 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.
City
Town of
SOUTHOLD
LOCAL LAW NO. 5 2001
A Local Law in relation to Parks, open spaces, school sites and natural features, Chapter Al06, Article
III, Subdivision of Land
BE IT ENACTED by the Town Board of the Town of Southold, as ~follows:
Chapter Al06 (Subdivision of Land) of the Code of the Town of Southold is hereby amended as follows:
Section A106-38. Parks, open spaces, school sites and natural features is amended as follows:
A. Alternate procedure: money in lieu of land.
(3)
The amount to be deposited with the Town Board shall be ,%vt five thousand dollars
~,,,vvv.:f¢' ann x ($5,000) per lot for each vacant lot in the subdivision. For the purpose of this
section, a "vacant lot" shall be construed as a lot that does not contain an ex~sting
residential structure at the time the subdivision receives final approval. In a subdivision
containing lots designated as affordable pursuant to the town's affordable housing code,
those lots so designated shall be exempt from this computation. [Amended 5-22-1990]
Section 2. Effective Date.
This local law shall become effective 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. 11/99) (1)
(Complete the certification in the paragraph that applies to the ~ing 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. 5 of 20 01 . of
the, .... ~ j,w~j j(Town) ~ ..... ~,~) of SOUTHOLD was duly passed by the
TOWN BOARD on February 27 ,20 01 , 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 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)(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 submitted
ro the people by reason of a Imandatory)(permissive) referendum, and received the affmnative vote of a majority of
the qualified electors voting thereon at the (generat)(special)(armual) election held on 20 , m
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
l 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- ;vide
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)
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 m~d 7 of section 33 of the
Municipal Home Rule Law, and having received the affnmcative 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 fmal 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 ofrice and that the same is a
correct transcript therefrom and of the whole of such original local law, and was f'mally adopted in the manner indicated
in paragraph 1 , above.
Clerk of ttl~ounty leg/~lative body. Cit/. town or Villag '
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
(Seal) Date: March 1, 2001
(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. ~
Mar~Wilson, Esq., Assistant Town Attorney
Gregory. F. Yakaboski, Esq., Town Attorney
Title
City
Town of
SOUTHOLD
Date:
(3)
March Iq 2001
RECEIVED
MAR 2 1 2001
Southold Town Clerk
STATE OF NEW YOrK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY, NY 1223 I~O00 I
ALEXANDER F. TREADWELL
SECRETARY OF STATE
March 14, 2001
ELIZABETH A. NEVILLE
TOWN HALL 53095 Main Road
P.O. Box 1179
SOUTHOLD, NY - 11971
RE: Town of Southold, Local Law 5, 2001, filed 03/06/2001
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
Joseph P. Brozowski
Principal Clerk
State Records & Law Bureau
(518) 474-2755
WWYV. DO~. STATE. NY. US · E-MAIL: INFO@DOS.STATE.NY.US
ELIZABETI-I A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATIST/CS
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 TI-IE TOWN CLERK
TOWN OF SOUTHOLD
March 1, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
New York State Department of State
State Records and Law Bureau
41 State Street
Albany, NY 12231
RE: Local Law Numbers 5 & 6 Of 2001
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 5 & 6 of 2001 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.
Enclosures
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
cc: Town Attorney
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
March 1, 2001
Attention: Shirley Flint
Code Supplementation
General Code Publishers Corp.
72 Hinchey Road
Rochester, New York 14624
Re: Town of Southold Code
Local Law Numbers 5 & 6 of 2001
Dear Ms. Flint:
Transmitted herewith please fred Local Law Numbers 5 & 6 of 2001.
Please make the appropriate amendments to the Southold Town Code.
Thank you.
Very truly yours,
Elizabeth A. Neville ~
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. 31s~' . day of Januam~ ,2001, she affixed a
notice of which the annexed printed notice is a tree 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, 53095 Main Road, Southold, New York.
NOTICE OF PUBLIC HEARINGS TO BE HELD ON:
FEBRUAI~Y 13, 2001 AT 7:32 p.m.:
A Local Law in Relation to Amending Chapter 85, Section 9, Article IV,
entitled "Exemption for Disabled Persons With. Limited Income
e
A Local Law in relation to Parks, open spaces, school sites and nabaral
features, Chapter 106, Article m, Subdivision of Land
~lizabeth'A. Nevil/c
Southold Town Clerk
Sworn before me this
31sx day of January ,2001.
~lic
LYNDA M. BOHN
NOTARY PUBLIC, State of Ne~ York
No. 01BO6020932
Qualified in Suffolk Count~
Term Expires March 8,.20 ~
PUBLIC HEARING
FEBRUARY 13, 2001
7:32 P.M.
" AL
ON THE PROPOSED LOC LAW IN RELATION TO PARKS, OPEN SPACES, SCHOOL
SITES AND NATURAL FEATURES, CHAPTER Al06, ARTICLE HI, SUBDWISION OF LAND,
OF THE CODE OF THE TOWN OF SOUTHOLD".
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: We will go on to the second hearing. It will be read by Judge Evans.
JUSTICE EVANS: "WHEREAS it has been presented to the Town Board of the Town of Southold,
Suffolk County, New York, on the 30th day of January, 2001 a Local Law entitled "A Local Law in
relation to Parks, open spaces, school sites and natural features, Chapter Al06, Article III,
Subdivision of Land, of the Code of the Town of Southold" and, now therefore be it
RESOLVED the Town Board of the Town of Southold hereby sets 7:32 p. m. Tuesday,
February 13, 2001, at the Southold Town Hall, 53095 Main Road, Southold, New York as the time
and place for a public hearing on the aforesaid Local Law at which time all interested persons will be
heard.
The proposed "A Local Law in relation to Parks, open spaces, school sites and natural
features, Chapter Al06, Article III, Subdivision of Land" which includes the following:
LOCAL LAW NO. 2001
A Local Law in relation to Parks, open spaces, school sites and natural features, Chapter Al06,
Article 1II, Subdivision of Land
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Chapter Al06 (Subdivision of Land) of the Code of the Town of Southold is hereby amended as
follows:
Section A106-38~ Parks, open spaces, school sites and natural features is amended as follows:
A. Alternate procedure: money in lieu of land.
(3) The amount to be deposited with the Town Board shall be ~"::c, five thousand
dollars "¢~ '~'~'~ ~
~,,., .... j ($5,000) per lot for each vacant lot in the subdivision. For the purpose of this
section, a "vacant lot" shall be construed as a lot that does not contain an existing residential
structure at the time the subdivision receives final approval. In a subdivision containing lots
designated as affordable pursuant to the town's affordable housing code, those lots so
designated shall be exempt from this computation. [Amended 5-22-1990]
Section 2. Effective Date.
This Local Law shall become effective upon filing with the Secretary of State.
By order of the Southold Town Board of the Town of Southold, January 30, 2001. Elizabeth A.
Neville, Southold Town Clerk." There is an affidavit that it posted on the Town Clerk's Bulletin
Board, and that it was put in the local paper, The Suffolk Times, and there is no correspondence.
SUPERVISOR COCHRAN: You have heard the reading changing the Park and Playground fees from
$2,000 to $5,000. Is there anyone that would like to address the Town Board, either pro or con? (No
response.) Greg, I think I am going to hold this hearing open. We got a call when we broke the session
this afternoon. I wished we had gotten the message while we were in session, but it was from Mr.
Greco, the Long Island Builders, and he has a case law that was paSsed two years ago that shows how
you have to justify being able to put in the $5,000.
TOWN ATTORNEY YAKABOSKI: Hold it open.
SUPERVISOR COCHRAN: They will send you the case law, so I will hold the hearing open until the
next meeting. They said they had to go through this with Riverhead, too, and they wanted to increase
it, and they weren't able to justify it, so I said, oh, we will be able to. We will hold it open to give them
the opportunity.
Elizabeth A. N~
Southold Town Clerk
tli6~T6~ri'"B~i'6f th~ 'T6Wn 'of Southoid. [
S Off01k':: c~6hly,'. N6W'~ork~ '.~n.. ~' 3 ~h (
da~}o~ ~an~;"2~i. ~::~al: ~'~n~:I
tl'e~J"A{ '~1 LaW 'in"::i~i'ati0n "to~
Par~,",op~n: SPac~.'~h0oi."site~"and~
naiutal::..' features, '~hapier.""~i06~:'
~de"H~' s:ubdi~i0n':.: ~f ,..Land,. of
the .Code'. of the Town 'o~:SO~hold"
~d, nOw'therefor. ~ it:
RESOLVED::~6':T0wfi BO~d. of.~e'
Town' of Southold'h~by ~ 7~2:'p~.
S0uthold.'Town '~k"53~5':M~n
saa~o!d;. New "Y0tk~
said. L~al ~.m.which~t~e'.fli 'int~r-
~t~ p6~6hs ~ii"~ h~d.
fi6n..~t0:~ Par~..open..spa~s,':. '~l.
si~s.. ~d .aat~fl '"~eatar~'s'TC~Pter
~ad~'. ~fi~Ch:inc~ha~s.~ f0i~63~g:" .
' 'LOCKL:LAW NO; ".. '::' '.. :2~1 .::.
'spaces, ~ho01 sit6s ~d nmurfl: fea~s,
Ch~t~'~l~; ~le .HL So~[vision of
~d
:BE.~ ~A~D by ~e'To~ Bo~d
of.~e To~n Of S~fi~Old, as'?ollowg:
STATE OF NEW"~/ORK)
)SS:
COJJI~~TY OF SUFFOLK) _
_7")~('- of Mattituck, in said
county, being duly sworn, says that he/she is Principal
clerk of THE SUFFOLK TIMES, a weekly newspaper, pub-
lished at Mattituck, in the Town of Southold, County of
Suffolk and State of New York, and that the Notice of which
the annexed is a printed copy, has been regularly pub-
lished in said Newspaper once each week
for ~ weeks successiyv?ly, commencing
on the ~5 day
of 20 .
No~,ary Public, State of New Yo~k
No. 01WE6034554
Ou~ied ~ S~fo,~county _/. PfincipallClerk
corm~s~n r~o~es D0~n~ 13,.Z;Z~
~wom to before me this
clay of ~--e~ - 20