Loading...
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. 4805 5-25-90 § 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