HomeMy WebLinkAbout1990 Code Supplement - 05/25/1990GENERAL CODE PUBLI.SH.ERS CORP.
INSTRUCTIONS
Town of Southold Code Supplement No. 54
The enclosed -new and/or replacement pages. should be placed in
your Code volume immediately! The dateline, on the -lower right
• corner, does not indicate the adoption date .of "the Code changes, but
rather identifies the pages printed with this supplement. The adoption
date of the most recent legislation included in this supplement is 3-27-
1990 (L.L. No. 3-1990).
The page numbers should always correspond with this list.
REMOVE
INSERT
4805 -4806
4805 -4806
8501 -8502
8501 -8502
A10803 - A10804
A10803 - A10804
A10804.1
A10831 - A10832
A10831 - A10833
Legislation, by number or date of adoption, included in this
supplement: L.L. Nos. 2-1990; 3-1990; 3-13-1990.
5-25-90'
§ 48-4 GARBAGE, RUBBISH AND REFUSE § 48-4
(6) Annual fee of twenty-five dollars ($25.) for each farm
vehicle of one -ton or more capacity transporting
agricultural waste.
(7) Per -load fee of twenty-five dollars ($25.) for each
double -axle truck which does not possess a permit.
(8) Annual fee of one hundred dollars ($100.) for each
single -axle vehicle transporting solid waste (garbage).
(9) Annual fee of one hundred dollars ($100.) for each
commercial contractor's vehicle of more than one -ton
capacity.
(10) Annual fee of two hundred fifty dollars ($250.) for each
double -axle and/or compactor -type vehicle trans-
porting solid waste (garbage).
(11) Annual fee of two hundred fifty dollars ($250.) for each
commercial contractor's double -axle and/or tractor -
trailer combination of more than one -ton capacity.
B. [Added 11-29-1988 by L.L. No. 29-19881; amended 6-20-
1989 by L.L. No. 11-1989; 3-13-1990 by L.L. No. 2-1990]
Effective April 1, 1990, in addition to the fees established in
§ 484A of this chapter, there shall be a fee of two cents ($0.02)
per pound on loads containing the following-
(1)
ollowing(1) Heavy brush, landscaping and yard wastes, including but
not limited to stumps, branches, shrubs, plants, trees,
bushes and the like, but not including leaves and grass
clippings.
(2) Construction debris, including but not limited to scrap
and waste material discarded as refuse resulting from
construction.
(3) Wood, including but not limited to timber, logs, boards
• and the like.
(4) Demolition debris, including but not limited to waste and
rubble resulting from remodeling, demolition and
extensive repair of structures, waste cement, concrete,
masonry work, bricks, tile, sheetrock, plaster, wood,
shingles and the like.
Editor's Note: This local law also redesignated former Subsections- B, C and D as
Subsections D, E and F, respectively.
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§ 48-4 SOUTHOLD CODE § 48-5
(5) Rubbish, including but not limited to furniture, fixtures,
television antennas, carpets, awnings; boats and other like
objects that are not considered normal everyday house-
hold waste.
(6) Any mixed load containing one (1) or more of the above-
listed..wastes.
C. Effective January 1, 1989, in addition to the fees established in
§ 484A and B, there,shall be a fee of five dollars ($5.) per item
on • appliances, including but not limited to white goods,
refrigerators, washers, dryers, stoves, dishwashers, ovens and
the like. [Added 11-29-88 by L.L. No.' 29-1988]
D. Issuance and duration of permits and/or licenses. All permits
and/or licenses provided for in this chapter shall be issued by
_the Town Clerk. All annual permits (including those previous-
ly issued) shall expire one (1) year from the date of the
issuance thereof.
E. Refund of fees. In the event that the Town Clerk has heretofore
issued permits for vehicles transporting refuse into the town
landfill site. at Cutchogue, and the fees paid therefor exceed
the fees provided for herein, the Town Clerk is hereby
authorized to refund such excess fees to the holders ofsuch
permits and/or licenses.
F. Amendment of fees. Notwithstanding any of the provisions .
hereof, the Town Board may, by resolution, change, modify or
repeal any of the fees set forth in § 48-4 hereof.
§ 48-5. Conveyance and transportation of -refuse.
No person shall convey. or transport refuse through the streets
or public places of the Town of Southold in any cart, wagon or
vehicle or by any other means unless adequate care is taken to •
prevent the spilling of refuse in such public places and streets.' , .
' Editor's Note: See also Ch. 57, Littering.
4806 5-25-90
r
§ 85-1 TAXATION § 85-1
Chapter 85
TAXATION
ARTICLE I
• Senior Citizen Exemption
§ 85-1. Partial exemption for senior. citizens.
§ 85-2. Conditions.
§ 85-3. Applications.
§ 85-4. Reapplications.
§ 85-5. Penalties for offenses.
§ 85-5.1. Notice.
ARTICLE II
Business Investment Exemption
§ 85.6. Exemption repealed.
[HISTORY: Adopted by the- Town Board of the Town of
Southold: Article I, 4-20-71; Article II, 3-22-77 as Local Law No.
2-1977. Amendments noted where, applicable.]
ARTICLE I
Senior Citizen Exemption
[Adopted 4-20-711
•§85-1. Partial -exemption for senior citizens: [Amended 3-12
85 by L.L. No. 3-1985]
A. Real property owned by one (1) or more persons, each of
whom is sixty-five (65) years of age or over; or -real property -
owned by husband and wife, one (1) of whom is sixty-five (65)
years of age or over, shall be exempt from town taxes to the
8501 5-25-90
§ 85-1 SOUTHOLD CODE § 85-2
extent of fifty percent (50%) of the assessed valuation thereof.
Such exemption shall be computed after all other partial ex-
emptions allowed by law have been subtracted from the total
amount assessed. '
B. The real property tax exemption on real property owned by
husband and wife, one (1) of whom is sixty-five (65) years of
age or over, once granted, shall not be rescinded solely be-
cause of the death of the older spouse, so long as the surviving •
spouse is atleast sixty-two (62) years of age.
§ 85-2. Conditions. [Amended 3-12-85 by L.L. No. 3-1985]
No exemption shall be granted:
'A. If the income of the owner or the combined. income of the
owners of the property for the income tax year immediately
preceding the date of making application for exemption
exceeds the sum of twelve thousand twenty-five dollars
($12,025). "Income tax year" shall mean the twelve-month
Period for'which the owner or owners filed a personal income
tax return or, .if no return is filed, the calendar year. Where
title is vested in either the husband or the wife, their combined
income may not exceed such sum. Such income shall include
social security and retirement benefits; interest; dividends;
total gain from -the sale or exchange of a capital asset, which
may be offset by a loss from the sale or exchange of a capital
asset in the: same income tax year;. net rental income; salary or
earnings; and the net income from- self-employment. but not
including a return of capital, . gifts or inheritances. In
computing -net rental income and net income from self
employment, no depreciation ' deduction shall be allowed for
the exhaustion, wear and tear of real or personal property held
for the . production of income. [Amended 4-5-1988 by L.L.
.No. 7-1988; 2-6-1990 by L.L. No. 1-1990; 3-27-1990 by L.L.
No. 3-19901 •
B. Unless'the title of the property shall have been vested in the
owner or one (1) of Ahe owners of the property for at least
twenty-four (24) consecutive months prior to the date of mak-
ing application for exemption;. provided, however, that in the
event of the death of either a husband or wife in whose name
title of the property shall have been vested at the time of
8502 5-25-90
HIGHWAY SPECIFICATIONS
PA108-43. Inspection of work.
ARTICLE IV
Final Dedication of Roads
§ A108-44. Procedure.
• Department of Highways Standard Drawings
Standard Drawing No. SD -691, Standard Roadway
Standard Drawing No. SD -692, Standard Intersec-
tion
Standard Drawing No. SD -693, Standard Curbs and
Gutter
Standard Drawing No. SD -694, Standard Storm
Drain
Standard Drawing No. SD -695, Standard Recharge
Basin Type A
Standard Drawing No. SD -696, Standard Recharge
Basin Type B
Standard Drawing No. SD -697, Standard Leaching
System
Standard Drawing No. SD -721, Standard Residential
Driveway Entrance, Sheet No. 1
Standard Drawing No. SD -722, Standard Residential
Driveway Entrance, Sheet No. 2
Standard Drawing No. SD -761, Standard Headwall
and Apron
• Standard Drawing No. SD -764, Standard Fence De-
tail
Standard Drawing ,No. SD -851, .Standard Curbs for
Major Subdivisions
Standard Drawing No. SD -852; Standard Precast
Catchbasins and Manholes
A10803 5-25-90
§ A108-1 SOUTHOLD CODE § A108-1
Standard Drawling No. SD -853, Standard Asphalt
Roadway for Major Subdivisions
Standard Drawing No. SD -854, Standard Asphalt
Roadway. for Major Subdivisions
.Standard Drawing No, SD -854A, Standard Asphalt
Roadway for Major Subdivisions •
Standard Drawing No. SD -854M, Standard Asphalt
Roadway for Minor Subdivisions
Standard Drawing No. SD -855, Standard Asphalt
Roadway With Drainage Swales for Major Subdivi-
sions
Standard Drawing No. SD -856, Street Trees for Ma-
jor Subdivisions
Recharge Design
[HISTORY: Adopted by the Town Board of the Town of South-
old 7-30-85. Amendments noted where applicable.]
... GENERAL REFERENCES
Notification of highway defects — See Ch. 49.
Soil removal — See Ch. 81.
Street excavations — See Ch. 83.
Vehicles and traffic — See Ch. 92.
Subdivision of land — See Ch. A106.
ARTICLE I
Plans and Maps For Major Subdivisions
§ A108-1. Sketch plans. •
A. The sketch plan initially submitted to the Planning Board
shall be based on the Town Tax Map, at a scale of one (1) inch
equals one hundred (100) feet, and shall show the following
information:
A10804 5-25-90
§ A108-1 HIGHWAY SPECIFICATIONS § A108-1
(1) A key map showing the location of the proposed subdivi-
sion and the distance to the nearest existing street or
road intersection.
(2) All existing structures, wooded areas, streams or water-
front and other significant physical features within the
area to be subdivided and within two hundred (200) feet
• thereof.
(3) The name of the subdivision. property owner and all of
the adjoining property owners as listed on the town tax
rolls.
•
(Cont'd on page A10805)
A10804.1. 5-25-90
§ A108-42 HIGHWAY SPECIFICATIONS § A108-42
degrees Fahrenheit (125° to 185° F.) and at the rate
specified. The distributor shall be equipped with an
accurate measuring device which indicates the exact
number of gallons remaining within the distributor
tank. Note that the rate of application may be
adjusted depending on the specific gradation of the
crushed blue stone to be used. No asphalt shall be
applied unless sufficient truckloads of aggregate are
• standing by at the paving site and, in the opinion of
the Engineer, all asphalt distributed will be
immediately covered with aggregate. Sufficient time
shall elapse between the completion of the first
course and the placing of the second course so that
the bituminous material in the first course has time
to set or cure. Prior to the placement of the second
course, the surface to be paved shall be drag-
broomed, and the excess on the sides of the roads
shall be evenly distributed across the entire width of
the pavement. Any damage to the pavement shall be
repaired with asphalt and stone applications prior to
the placement of the second course. Additional stone
shall be applied to take up any bleeding that occurs.
All rolling shall be done by pneumatic -tired rollers
or steel -wheeled rollers no heavier than eight (8)
tons. No material shall be placed when the air
temperature is below fifty degrees Fahrenheit (50°
F.) or if the road surface temperature is less than
seventy degrees Fahrenheit (70 ° F.).
(e) The width of the base course shall- be twenty-two (22)
feet. Thewidth of the binder course shall be twenty-
one (21) feet, and it shall' be centered over the base-
course.
asecourse. The width of the wearing course shall be.
twenty (20) feet, and it shall be centered over the
binder course. See Standard Drawing No. SD -
854M.1
1 Editor's Note: Standard Drawing No. SD-854M•is included at the end of this chapter.
A10831 5-25-90
§ A108-43 SOUTHOLD CODE § - A108-44
§ A108-43. Inspection of work.
Any work done on any highway without notifiying the Superin-
tendent of Highways or his inspector- and done with no inspector
present will be considered unacceptable and subject to review by the
Planning Board and the Superintendent of Highways.
ARTICLE IV •
Final Dedication of Roads
[Added. 3-13-19901
§ A108-44. Procedure.
If dedication of a road is being offered at some point in time after
the performance bond has been released, this procedure should be
followed:
A. Dedication papers shall be submitted to the Town Clerk and
shall include:
(1) A duly acknowledged dedication and release, together
with the required County Clerk's recording fees, if any.
(2) A survey map of the property, which shall show the
actual location of the highway area within the highway
right-of-way and a metes and bounds description of the
right -of --way.
(3) An: abstract of title certified to, the Town Board by a
reputable title company.
(4) A bargain and sale'deed with covenant against grantor's
acts:, %in the proper form, for recording in the County
Clerk's office.
(5) Six -,(6) sets of plans which demonstrate that the roads are
in conformance. with highway specifications as set forth •
in Chapter A108 of the Code of the Town of Southold.
B. Upon receiving all of the aforesaid dedication papers, the
Town Clerk shall refer the papers to the Town Attorney for
review.
Al -0832 5 - 25 - 90
§ A108-44 HIGHWAY SPECIFICATIONS § A108-44
C. When the Town Attorney deems the papers to be in proper
legal form, he shall so notify the Town Clerk and forward the
papers to the Superintendent of `Highways.
D. The Superintendent of Highways shall ask the Town Engineer
to conduct an inspection of the road to be dedicated, the costs
of which are to be assumed by applicant. The Town Engineer
shall submit a written. inspection report. The report shall
• itemize any work that remains to be completed in order to
bring the road up to town highway specifications.
C
E. The Town Engineer's report shall be submitted to 'the
Highway Superintendent for his review.
F. If further work 'is -needed to bring the road up to specifica-
tions, the Highway Superintendent shall so notify the
applicant, `iri writing, with a copy to the Town Clerk:
G. After the work is deemed complete by the Highway Superin-
tendent, he shall advise, in writing, the Town Clerk to submit
the dedication papers to the Town Board for acceptance at its
next regularly scheduled. meeting.
H. The name of such highway may be proposed by the owner or
owners of property dedicating such highway, but the proposed
name shall be subject to the approval of, the Town Board and
the Planning Board, primarily, to, avoid duplication.
I. Before any highway shall be accepted by the'Town of Southold
as a town highway by dedication, the assessed value of the
buildings and structures on the land on both sides of such
highway, as shown on the current, tax roll of the. Town of.
Southold, shall have- an- assessed value of not less than forty,
thousand dollars ($40,000.) per mile proportioned at that rate
if more or less than a mile.
A10833 5-25-90