HomeMy WebLinkAboutL 12845 P 329 Ilifil 1111111111I1111111111111111I111111111II Illl iIll
uIII 011I 111111101111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 12/17/2015
Number of Pages: 22 At: 03 : 57 : 33 PM
Receipt Number : 15-0176355
TRANSFER TAX NUMBER: 15-14326 LIBER: D00012845
PAGE : 329
District: Section: Block: Lot:
1000 125 . 00 01 . 00 001 . 000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $0 . 00 YES Handling $0 .00 YES
COE $0 . 00 YES NYS SRCHG $0 .00 YES
TP-584 $0 . 00 YES Notation $0 . 00 YES
Cert.Copies $0 . 00 YES RPT $0 . 00 YES
Transfer tax $0 . 00 YES Comm.Pres $0 . 00 YES
Fees Paid $0 . 00
TRANSFER TAX NUMBER: 15-14326
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
I1 2 •� RECORDED
Number of pages t7�` 2015 Dec 17 03:57:33 P11
TORRENS JUDITH P. PASCPLE
CLERK OF
Serial#
SUFFOLK COUNTY
L 000012845
Certificate# P .3t9
DT# 15-14326
Prior Ctf.#
Deed.Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 I FEES •
Page/Filing Fee / 1 D 13 Mortgage Amt.
1.Basic Tax _
Handling d�0. 00 2.Additional Tax
TP-584 Sub Total
Spec./Assit.
Notation or
EA-5217(County) Sub Total 35 Spec./Add.
TOT.MTG.TAX
EA-5217(State) Dual Town Dual County
�� ~£ Held for Appointment
�?, Transfer Tax —
Comm.of Ed. 5. 00 k 11" Mansion Tax
The property covered by this motgage is
Affidavit "'��7�vyv
"� or will be improved by a one or two
Certified Copy family dwelling only.
�D. YES or NO
Reg.Copy Sub Total If NO,see appropriate tax clause on
Other Grand Total .� page# of this instrument.
. ,�L R/ \1 10-3( "(b_3I _f
1 i
Dr ostrict c,c I_ t LS' _ 4241".4 iDOO 5 Community Preservation Fund
3064994 1000 12500 0100 001000
Real Consideration Amount $-G-
Property
-
Tax Service R 15-DEC-1 1111311111111111111111111 Fax Due $ J✓
Agency Improved
Verification -
C° t 1Vacant Land
6 Satisfaction/Discharges/Release List Property Owners Mailing Address TD
RECORD&RETURN TO:
•
Suffolk County Water Authority TD
P.O.Box 38
4060 Sunrise Highway TD
Oakdale,New York 11769
7 Title Company Information
Co.Name
Title#
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Easement made by:
(SPECIFY TYPE OF INSTRUMENT)
County of Suffolk - The premisis herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the Township of Town of Southold
Suffolk County Water Authority In the VILLAGE
or HAMLET of
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
5 3-C4-6014
Easement Agreement
THIS INDENTURE made this day of Q C«9t'r
2014, between the County of Suffolk, a municipal corporation of the State of New York with
offices at Suffolk County Center, Center Drive, Riverhead, New York 11901, (hereinafter
"Grantor")and the Suffolk County Water Authority, a public benefit corporation having its
principal place of business at P.O. Box 38, 4060 Sunrise Highway, Oakdale, New York 11769,
(hereinafter"SCWA"or"Grantee").
WITNESSETH:
WHEREAS, the Grantor is seized of certain Premises described in Schedule A, attached
hereto and made part hereof, and has good right to convey the same(hereinafter the "Premises");
and
WHEREAS, the Grantor covenants that the said Premises are free and clear of
encumbrances other than those of record; and
WHEREAS, the Grantee owns and operates a public water supply system in the vicinity
of the Premises; and
WHEREAS, Grantor wants to convey an easement in perpetuity on, over and across the
Premises described in Schedule A to the Grantee, its successors and assigns, for the water supply
purposes as set forth below;
NOW THEREFORE, the Grantor, in consideration of good and valuable consideration
paid by the Grantee, does hereby grant and convey unto the Grantee, its successors and assigns
forever an easement in perpetuity over the Premises consisting of:
The right to install,operate, maintain and repair any structures and/or appurtenances and
ancillary facilities, without limitation, on up to five (5)acres of said Premises, for the purpose of
taking and using water for water supply purposes,
TOGETHER with the right to install, operate, maintain and repair said structures and/or
appurtenances to the extent the same may be required within the Premises,
TOGETHER with the right of vehicular and pedestrian ingress and egress over the
Premises necessary to install, operate, maintain and repair such structures and/or appurtenances
and ancillary facilities,
TO HAVE AND TO HOLD, the rights and easements granted herein unto the Grantee, its
successors and assigns, forever and which shall run with the Premises for so long as Premises are
used for water supply purposes.
AND said Grantor and Grantee mutually agree and covenant as follows:
1. All structures and/or appurtenances installed or to be installed by the Grantee, its
successors and assigns, shall be and remain property of the Grantee, its successors and assigns,
forever;
2. That the Grantee shall quietly enjoy the said rights and easements;
3. Grantee agrees, to the extent possible, to restore any areas disturbed by Grantee to a
condition similar to that which existed prior to the disturbance by Grantee.
4. Grantor agrees that the terms, conditions, restrictions and purposes of this easement
shall continue as a servitude running in perpetuity with the Premises and will be incorporated by
reference in any subsequent deed or other legal instrument by which the Grantor divests itself of
2
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either the fee simple title to or its possessory interest in the Premises or any portion thereof
specifically setting forth the date,and the liber and page of the Suffolk County Clerk's records of
the recording hereof, if and when the same is available.
5. Except as to paragraph 6 of the easement agreement, any rule of strict construction
designed to limit the breadth of the restrictions on the use of the Premises shall not apply in the
construction or interpretation of this easement, and this easement shall be interpreted broadly to
effect the purposes of this easement as intended by Grantor.
6. Grantee acknowledges, agrees and accepts that this grant of easement shall be
deemed to have been made pursuant to and in accordance with Article XII of the Suffolk County
Charter, as amended, and effective December 1, 1989 to November 30, 2000, including but not
limited to §C12-3(A) as set forth in Schedule B hereto, and Grantee shall, be and remain in
compliance therewith, in perpetuity.
7. Grantee shall maintain its facilities and ingress and egress areas in good repair at
its own cost and expense.
8. Grantee shall, at its sole cost and expense, defend and indemnify the Grantor, and
its successors and assigns, for any liability whatsoever(including reasonable attorneys' fees),
related to the grant and/or Grantee's use of this easement, which shall be deemed to include the
right to develop public water supply facilities and/or appurtenances including ancillary facilities
pertaining thereto.
IN WITNESS WHEREOF, the Grantor has executed and delivered and Grantee has
accepted this easement and Grantor and Grantee have hereunto set their respective hands and
3
33-c# ()of A
seals,caused their corporate seals to be hereunto affixed and caused these presents to be signed
by their duly authorized Officers, the day and year first above written.
WITNESS:
COU T OF SUFFOLK SUFFOLK COUNTY WATER AUTHORITY
By: I By: riff
ryW.Szab6
Title: ehie-'j)►/91/,1 ,�y Gw//p•e- Title: Chief Executive Officer
STATE OF NEW YORK} STATE OF NEW YORK}
COUNTY OF SUFFOLK} ss.: COUNTY OF SUFFOLK} ss.:
34–
On thea/ day of O( be✓ On theplc' day of October in the year 2014 before me,
in the year 2014 before me,the undersigned,a the undersigned,a Notary Public in and for said Slate,
Notary Public in and for said State,personally personally appeared Jeffrey W.Szabo,personally known
appeared be/ni, /0. 620/Le,L , to me or proved to me on the basis of satisfactory
personally known to me or proved to me on the evidence to be the individual(s)whose name(s) is(are)
basis of satisfactory evidence to be the subscribed to the within instrument and acknowledged to
individual(s)whose name(s)is(are)subscribed me that he/she/they executed the same in his/her/their
to the within instrument and acknowledged to me capacity(ies),and that by his/her/their signature(s)on the
that he/she/they executed the same in instrument,the individual(s)or the person upon behalf of
his/her/their capacity(ies),and that by which the individual(s)acted,executed the instrument.
his/her/their signature(s)on the instrument, the
individual(s)or the person upon behalf of which
the in idual(s)acted,executed the instrument. c � n [[
irkA/_,
.. Y Nry Public
ot/ �ublicVVtJN E
NNEDY
K 1MBER4y t to
to of iygw York
NOTARY PUBLtC.STATNo. 01KE616E O8Tf 64 NEW YORK Notary Putatsc,Sta
Qualified in 5ut�lK
4ua111ted to Suftotk CouMY #o1KE803t� 24.—
mit Commission Exp
(n
tte$June I ,2015 Cornrnlsslon Expires SeP
Approved as to Form:
Dennis M :Town
Suffolk/C• my Attorney
f) �
/ l 1
/,.
r
By: obert A. Braun f •
Assistant County Attorney ' '
1E1111 11
0029403
SCHEDULE A
All that certian plot,piece or parcel-of land,with the buildings and improvements thereon erected,
situate,lying and being at Mattituck, Town of Southold, County of Suffolk and State of New
York, bounded and described as follows:
Beginning at a point on the easterly side of Aldrich Lane distant 2705.31 feet northerly as
measured along the easterly side of Aldrich Lane from its intersection with the northerly side of
Main Road;
RUNNING THENCE Northerly along the East line of Aldrich Lane the following six(6) courses
and distances:
1. North 32 degrees 07 minutes 36 seconds West, 260.00 feet;
2. North 33 degrees 37 minutes 36 seconds West, 359.52 feet;
3. North 34 degrees 07 minutes 36 seconds West, 353.05 feet;
4. North 35 degrees 08 minutes 36 seconds West, 463.53 feet;
5. North 33 degrees 26 minutes 36 seconds West, 395.17 feet;
6. North 33 degrees 15 minutes 36 seconds West, 232.30 feet; to the lands now or
formerly of Raymond and Barbara Kujawski;
RUNNING THENCE along said last mentioned land the following two(2) courses and
distances:
1. North 58 degrees 19 minutes 59 seconds East, 200.00 feet;
2. North 32 degrees 28 minutes 51 seconds West, 300 feet; to lands now or formerly
of W. Gatz;
THENCE along said land now or formerly of Gatz, North 58 degrees 19 minutes 24 seconds
East, 723.29 feet to lands now or formerly of R. H. Reeve;
THENCE along said last mentioned lands, the following six (6)courses and distances:
1. South 34 degrees 16 minutes 36 seconds East, a distance of 325.33 feet to a point;
2. South 34 degrees 04 minutes 36 seconds East, 417.20 feet to a point;
3. South 33 degrees 58 minutes 51 seconds East, 1127.47 feet to a point;
4. South 33 degrees 23 minutes 18 seconds East, 114.47 feet to a point;
5. South 31 degrees 19 minutes 06 seconds East, 86.60 feet to a point;
6. South 39 degrees 17 minutes 47 seconds East, 168.80 feet to land now or formerly
of Laurel Properties;
5
THENCE along lands now or formerly of Laurel Properties the following twelve (12) courses
and distances:
1. South 23 degrees 55 minutes 54 seconds West, 86.85 feet;
2. South 43 degrees 13 minutes 54 seconds West, 62.80 feet;
3. South 46 degrees 00 minutes 23 seconds West, 25.35 feet;
4. South 63 degrees 52 minutes 24 seconds West, 26.40 feet;
5. South 49 degrees 42 minutes 54 seconds West, 73.30 feet;
6. South 40 degrees 39 minutes 54 seconds West, 30.36 feet;
7. South 56 degrees 18 minutes 54 seconds West, 28.63 feet;
8. South 53 degrees 05 minutes 24 seconds West, 117.00 feet;
9. South 45 degrees 10 minutes 24 seconds West, 73.70 feet;
10. South 56 degrees 21 minutes 54 seconds West, 69.30 feet;
11. South 66 degrees 38 minutes 24 seconds West, 106.25 feet;
12. .South 53 degrees 49 minutes 24 seconds West, 270.70 feet to a monument at the
point or place of BEGINNING.
Said parcel being and intended to be the same as described in a deed dated December 22, 1994
and recorded at Liber 11707 Page 628.
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SCHEDULE B
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C12-1 SUFFOLK COUNTY CODE § Cl2-2
ARTICLE XIII
Suffolk County Drinldng Water Protection Program
[Added 7.14.87 by LL No. 40-1987=)
§ C12-1. Creation.
There ire hereby created a Suffolk County Pine Barrens
Wilderncsn and a Suffolk County Water Protection Preserve, as
defined in § C12-2 of this Article. which shall be preserved and
protected in their natural states and in perpetuity.
f C12-2. Definitions
The following words and phrases when used in this Article.unless
otherwise expressly stated. are defined as follows:
SUFFOLK COUNTY PINE BARRENS WILDERNESS — •
The Pine Barrens Zone described in Local Law No.7 of 1984?
and any other land as Suffolk County ,may in the future
designate by resolution and any other area as may be
• designated by the County Executive with the approval of the
Legislature.
SUFFOLK COUNTY -WATER PROTECTION PRE-
SERVE — The special groundwater protection areas in •
Suffolk County identified in tie,Long Island Regional
Planning Commission report on•special groundwater protec •
-
tion areas and any other land as Suffolk County + nj
. future designate be
deaf nates ► Baum -E�c dl with-the ppc
UNDEVELOPED LAND— Land that has not been im-
proved upon in any manner whatsoever by humankind and
remains intact in its natural staterind land that his only been
nominally disturbed by humanId 1d and remains substantially
•
intact in lb natural state. �' *•
Edker.N. Fireter Mt u1.Drpsz1mrt se Fire a.re".added 1041143 by LL N.S.
1543 and amended 1444 by 1.1.N.. 1.1544.rear!ra+.1.d►ti 'es b LL\a 1i1NLl.Si.
Aft XI.f!kb Cy acts. • •
Wades Neer.Tti local Ism way approved at refrrrmdum 11441. •
Ethers New See Article XXXIV.1 dV Cranes.
C66.4 1-25.33
§ C12-3 CHARTER § C12-3
C12-3.. Acquisition of property.
A. Upon resolution duly adopted,and within such appropriations
as may duly be made available�erefor, the Count ry Siiffalk
ma acqu ore p
a 1)-or martief ot-un'develaped lawn
within the Suffolk County Pine Barrens Wilderness and/or
Water Protection Preserve. Land so acquired Srrnnan
authorized under this Article shall remainjn_a.natural state
31.114 Se manabia gec� to perpetuthe tem o
ate natural ecosysf
` lsaid lands as 1. nature preservelinder § C1-7 of this Charter.
w th the so a exce oa of those portions of said.lands which
the .Suffolk County Legislature may determine as being
necessary for use for water supply production and distribu-
tion,including ancillary facilities required specifically for such
production and distribution.
B. Before any parcel shall be acquired pursuant to this Article by •
the County of Suffolk, it shall be reviewed by the Board of •
Trustees of the Department of Parks, Recreation 'and
Conservation, minus Its ex officio members, which shall,
pursuant to § C28-3A of the Suffolk County Charter.
• recommend to the Commissioner of the Suffolk County
Department of Real Estate any parcel to be acquired under •
this Article which has been approved by an affirmative vote of
the entire membership of said Board, minus the ex officio
members thereof, taking into consideration the criteria, time
considerations and priorities which said Board shall establish
in order to implement the purposes of this Article.
C. The Commissioner of the Suffolk County Department of Real
Estate shall not enter into any negotiations for the acquisition
of, nor consummate the acquisition of, any such parcel so
contemplated unless and until said parcel has been recom-
mended by said Board for acquisition.
D. The Commissioner of the Suffolk County Department of Real
Estate shall not be'authorized'o enter into any negotiations for •
the acquisition of. nor consummate the acquisition of: any such
parcel which will require the expenditure of county funds in
excess of the appropriations provided therefor unless and until
sufficient additional appropriations are provided by this
Legislature.
C66.5 s-xs-H
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§. C12-4 SUFFOLK COUNTY CODE § C124
§ C124. Payment of costs.
A. In'the event that the New York State Legislature enacts
enabling state legislation, prior to November 30, 1989,for the
explicit purpose of extending, within the territorial limits of
the County of Suffolk, the additional sales and compensating
use tax of one-fourth of one percent(IA of 1%) imposed by the
County of Suffolk pursuant to the provisions of§ 1210 of the
New York 'Ns Law and Suffolk County Resolution No. 823-
1984,1 and, in the event that the County of Suffolk extends,
prior to November 30, 1989, by appropriate legislative action,
within the territorial !'units of the County of Suffolk, the
additional sales and compensating use tax of one-fourth of one-
percent(y of 1%)impaled by the County of Suffolk pursuant to
the provisions of § 1210 of the New York Tbx Law and the
Suffolk County Resolution Na 7464968, as amended by
Resolution Nos. 114-1972, 116-1972,and 823-1984, then any
revenues generated by the extension of such one-fourth-of-one-
percent sales and compensating one tax, so authorized by
appropriate state and local action, shall be used for the
payment of any and all costs associated by the program
authorized by this Article for the period of December 1, 1988,
to December 1,2000.In addition,every effort shall be made to •
apply for any state or federal aid money that may be available
to defray the oasts of this program„
B. Any such sales and compensating use tax collected pursuant to
this Article shall be held in a Water Quality Protection
Reserve Fund(serve fund')which shall be created for such •
purpose and established as of January 1, 1989, Moneys in the •
reserve fund shall be expended for the purposes specified in
this Article.Moneys in the reserve fund may,in the event that
obligations have been issued to pay the oast of either the •
acquisition of land in the Pine Barrens Wildernme and the
Water Protection Preserve or the cost of any capital project to
be undertaken as part of the Water Quality Protection
Program,be expended to pay debt service on such obligations
from the reserve fund. [Amended 6-28-88 by LL No. 35-
19882]
Editor's Nett Thia malodors and then rendatloas mimic uendy named In this seed=are
an fda In dos offices of tlw County losikature.
Editor•. Now This local lar ens approved at referendum 114.89.
C66.6 s-as• B9
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§ C12-4 CHARTER _ § C12-5
C. Notwithstanding any provision of this Article to the
contrary, this Legislature may, pursuant to the
provisions of the Local Finance Law, authorize the •
issuance of general obligation aerial bonds andlor bond
anticipation notes to pay the cost of both the acquisition
of land in the Pine Barrens Wilderness and the Water
Protection Preserve and the cost of any capital project to
be undertaken as part of the Water Quality Protection
Program. Any issue of such obligations may be
additionally secured,as this Legislature shall determine,
by the irrevocable pledge of such portions of the sales
and compensating use tax proceeds allocated to land
acquisition pursuant to C12-6A of this Article or to the
water quality protection programs pursuant to C12-5E
of this Article,respectively. [Added 6.28.88 by L.L.No.
35.1988')
f C12-5. Acquisition program costs and related
expenditures. [Amended 6.28.1988 by Li.. No.
35-1988; s 6.9-1993 by L.L. No. 28.1993,'4 6-11-1996
by L.L.No.21-1996*]
NCITI:,Local 1..+H.MI MS which antedad t Clil41..lee fattedsd at eaaaws
frolics L Leitelattta istsat.
The tegieletmw Leery lade sad dawrrtaas that !anselment ed the Canny
Drbritag rater lrst reasa Pregrea.i.rfrpsally eseethewet.t lila p, .fit ties bonne
earl Jto•I.distlea fa skis myna,
!a s[}resr�a�,rs.pove�Aitler
This L/st{eieaee bather lads and clause that this lash at measeseat thseaatas
the by ISTEWIWABritial prneeUU4.ideedese of the ptsepser wblsh_reach$be
eroded hi sdistaletrathe.esisalediet dietortsea
Thrdora.the perms of this lav Is to r.wtnnt nes aeon trim eerer.I.4 he the
future ti sstedleht f the Dt.leket et lest Flute within the Departtaoat of Law es the
emir?with primers jurtediettlea end eesl,.eeDdllti for tis pose.
Series L perm i prsradtlaa.
The pevpedfiall is he er6ntlt.d Is the .Ceuta at chs nest 'wend election
per.aaai to&e ke Tet this taw shall Ise la the taliewia i terns
! Editor's Not The heal law was minted at referendum 11i41110.
2 Editors Rotas This lame law wee appeared at red+genda 11-116Lri.
4 [dinars hates Lassi Law 14.Mlle wee gpra..d et ret ends n 114-1I .
s Celltd.Hetes The lsa.J ler was epprv..d at retreads:t14-1101.
C66.7 S-u-ter
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§C12.5 SUFFOLK COUNTY CODE _ § C12-5
'Med a..elntion N.,111-10I1,Adopting•Charter law to Provid.1laaarsma.t of
the One•gewrdar Per Came (W1)thinidag water protection Pongee= by ilia Cowty
Dieloi.a mf Rad 1Celefs,he adopted?*
0.df.w I.Appllc.bWty
Tide law obeli apply Ice the alo4tiee of say aide.and eampmeatiarwae 1.s wade s
m alter the affaetfw dale ad tide law.
NOM Lusa law li..11.1ISS alas provided s aadlowe
scary..L Lathe Wang.
Thar Laeadataam hereby dada tai islawhaa that lhe pae.artiati.g of t rvareomm•
tally actio,, laud winds the Caerty d Owed' rail the proilectisa of,fray water
aemamwas s d assamtea rgal_aarao to the promotion K the health.islet,and gmerel
welters at tyre people el live Croy et dsNeiti. •
Tide Iwga.belare tlaelher dada that the peewwfaer of war leads as i water r..eerra
win protect, sablaero red promete the osmates dLaeert physiotl rad err team.
maittim which haw spruced the anodise.Eeacy ear Marla tine at the residents of
Ibis.=say es wen es waren nieitwa
Yea.Latlalaterw adm dada rad determines that l,w.wt maims by doe New Torii saw
Vrlsletwe Is enact the lame Island Pies demean Prwteatim Act bee provided a
amapruharive arttim rad K the imam tRia previaa.ly divided derwlepma and aevaww.
rwWlsts by armadas a land w pias aior aeekal_ M protest ani develop los
Central Na llaravaa arse K OaRlodl Cray,which pvwgema twine's mitabls Meiling
d
4 the Oretic,leas[sad desired permanent la ender le he effectively impeammalad,
The LeeW.wrw atm dada ani 1Mermiae that Legal law)fs.i1.1d/7 and Legal law
Pin 11.1110. radhla lfrt a Ona.l<aerlY•Iweeswa Comely Daisida' Waiter pawtmiler
Program.Brei eppewrod by the ee.ahe.ls Aar dee purpose ea metemdlnt amodentila
perm./ mw ad ..peaatfa'wee as Yneegh Doewmbee L 100d easband load •
s.gaidiias omit maser tpeaub pwbellen sad w aaltya/len„
This Iwg0delaee foram Moods sad det.ndrwr thee dr s et 111r00e.00e r mob
momeye by the Comely .t dada& to herd a porde= et the ,aoaau ramal tend
.pmmtlsg hadpA rep.aasLa en set at bad faith all the pari et dubs&Omit?that
tbemdewa Is amep.eair the batugrmy,pals earl eb/ertilvee of tit.rse.eiseg O..4o.rtr•
Pme.at Canty DAWN(Rater Pomades Prstrmo.as migindly anat_pa.ini
T hairefmw%the pmpes d trie law i le memo es.rima,aeuemaL dem*prudent,
aerieffeeivs. snack! .trveamwd pear-mm et ..varenemmtel pa-leatien nmtrwwy
tweeted at emigre wwhwrmentel ewaewsm he rya Pine Rerrwem"Adak we vita I.
wateeshed..esaataaal end sgdlen peteeta.s fsr Ire reatdsar K d4dslh Crab that •
will he sa.apad with premed= d the Overgemtlegtwomt Caear4 Dwight.'Weser
Poniards. Frays .rune. my Mond.. of oda trim Mad eaglddtimm via sit
—Ewdmst I.raid Drinking Wrier lr.batbm Program be memo the ria K w43.ee4d
Amin ahem ad bsyesd a wham=Meister"dlaediaa of 10%Ase ht relax.(1r the
usrddtia et Pine Stamm bad as wee m pmbrla.d ihroleare et heed soeniabam)
til pwhdbilftw'the ern at de remaining w af.stei resew,Mamie Ate porpoise ether
lira load a mieltisn.
dewfMa i=MIA DMaralaetl.s.
'1'baa LagidaNmr,!wing the State llarvirsameatal Quality Review AM lead
Meed'.brewyy dada and 4tsalam tbat tri law.as.ttbaa.e a Type I Action pweaaat
t.S.ati.a a11.11(b)(1)and(42 of'Nti.VI et the New Bark Cede of Roles sad RStsletima
OM=rad oral set bars a Mealtime&hapset es the swimmeret while tim t.aenleg
et II 160101100 et doe NW Trityl;imvuotaixerrA,F.CDNIOD VA1SOM LAR lm the
following rereenn
A. Resat meal sf dile low will mat messed any et the muscle be Section 111.11 K
Thar VI NT='which eels forte thrmbeld.Ow determining dguAwt ed.ete
en toe es vbvaau.L '
L 'Thaw law metdeu tb.Drial tar Baler Paete.ties Pr+pew el pouting
bmdda mrtrowneatal Wpsa%Yaluilog tb.A been 't
(11 it wit provede enhanced pewlectiea of pe dwat a quality sad
geaadly throaty prsmrvatla et addatiMmad ebevwlying Fla lienwe
arms of the Omani Pim Boracite mad prklaada (aadsdvs el beach
nocriabaaart.i1mc.taoo)be m mays ere teem.,rad
C66.8 a-ft-
tn
2-7-107/6, ` /�'`
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§C12-6 CHARTER - § C12-5
(I) u .ill ..sear implaneatethee d the Lase bland Ph.. sear...
• Protection Ali and .dD adv.m. . ye.haead. .collect.r the
l...b that have divided developer,sod etreirannintalleli by..a.4ing
ew»ldera(allay to protest and develop the Central Pb.aa.rma one
d eotolk Casein which preys reerd7e hwdtey by the.talo.local
rad fedora pouromaraab k Wier to be effectively heplaamtsd.
G Thie law e..wNa>ly aoosatetea a prwo-lyattoe of raise end rrpdatlo.e for
preserving the integrity.f the Or.dbarth Pe oast Debldeg Water Prbeca e
Program welt ala.11...w.b p.w.idhy esbecs.d petoatim t th.Getr.l
Pima surer.Waugh a mope s..os ranch ey waeMarMW.
O. Tile, lawn affords an opportunity for tho r+..aty tr aogrr; prat.+: sad
peerwve parklawd.la ares..1 the.Prey met reeetv(ay the tat bomb d aae-
feWthope.rnrt bed r.gdrllo.s psrfeedy atf.md.d seiner the Ow..
yearth•Peroert Dahl eg Vdw•teal b Nobelium Peiping.
Furthermore.It .eecrd.ra with yenta. C1-444)11/013 d the /Oltoti OOlfl'fTT
CHART=sad y.odw 3714(C)(4)t the MVO=MUM DOS.the Ile elk a.rety
Cowbell oa brboa e.etal Quality((2Q)Is hereby dlrsulai le peeps and bramble a
SIMLA sodas t delersae.tio•t Pee-rlyalis.re.In ao.erdmge with this rraoletfg .
Secana L App b.
T1la law shall apply to Aida.vaflahle far afloat en or offer the ae'sotlw data d
this law.
The prepodant be M.chef tad at the moat yrrerel.i.etlw ppes.et te$arta!d
We(ser.hall M In the f.aawlny hero.
"MoD 11s..trdt.a till-1MM A andtag the Comely OnsibertledWeeet Deb/ahoy
Weise Proteod.a Prep,be U..pas of As iaptee reads d this/hope=(ler C.0 ty.
wide Lod Aagd.tt ee.Wood t Gemaral Owereaset Perpr+.4 Crapid rah the`.o
et re d each toed.f Co-aty Parkland Operalf•.meal 8m.-ay.I.App.a..d'1-
Beed.i ffieailes Deter
Tit.law.hal take Wog baasdht.ff spin In the edge d the Mornay d
Brat.tt K(s approved by age emrmatles rete at the q—" 4 deam d the C.o.►f'of
d eltaat wig upon a prayeettton tier tet approved at the sea end es.al(w hs
ooe/wrtb with the p.wrt.tee.of 1 al d the New Sark lltesldpa Ebb 1.1.Law.Ma
enteral by the electorate, lids law, .. eta we a4 ether l w wge.orpd lets •
aaadatary reb..eds panaard to I NW of the ilio lath ILahipd gone Dy1.Law,
by.lots d the Gab Loglastere..ay rel be amential_a.dtI.4.repealed or stared
by woeir.ont .f a sppropdefe Maw law emblem es a.adatay rderads la
..erd.aee with pesnDfoy law.
Beetle./.Cera lienee r fere da
La the west that thew-are ether=Imbed*w the bands.portubaleg at err eddrewdwy
.nb.taae{aDy the acme her or ars cardial In Llan law.Am the prwrtiws d the
moa.-ire approved d4 the.l.otw.te ese.triag the poateet ashar of millbeettveites
than prevail..ad the chine lr..s•esers.er aw-Qnt.se the acre may he..tial be
aor.sd moa end veld.
k The first priority of this program shall be the acquisition
of land in the Pine Barrens Wilderness and the Water
Protection Preserve. For this purpose. sufficient funds
shall be set aside during the course of this program to
allow for the acquisition of the maximum amount of
acres which may be available in the Suffolk County Pine
Barrens Wilderness and Water Protection Preserve
lands. For each year of this program, pursuant to this
article, not less than 40% of the total sales and
compensating use tax shrill be expended and/or set aside
C66.9 3-ser-tar
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§C12.5 SUFFOLK COUNTY CODE - § C12-5
, for the exclusive purposes set forth herein and in
§ C12-5B, unless funds are advanced through borrowing
or financing'agreements. These lands shall be acquired
in accordance with the prioritisation procedures and
acquisition criteria set forth in Article II of Chapter 634
of the Suffolk County Code.At the end of each year, any
funds set aside pursuant to this subdivision shall be put
into and kept in a separate appropriation within the
reserve fund..This appropriatiotwithin the reserve fund
shall not be used for any other purpose until said land
acquisitions are -completed in accordance with this
article. Over the life of this program, 52% of the total
sales and compensating use tax,together with 65.34% of
unallocated, uncommitted reserve funds determined by
the compute model for this program prepared by the
Legislative Office of Budget Review, and calculated far
fiscal years 1996, 1997, 1998, 1999 and the first 11
months of the year 2000, shall be used for Pine Barrens "
Wilderness and Water Protection Preserve acquisitions
and related administrative costs which shall be limited
to underwriting and bond counsel costa associated with
acquiring said land. Approximately 15%.of.this 52% or
7.8%for land acquisitions and related coats, over the life
of the program, shall be for land acquisitions based upon
the recommendation of each respective town where such
lands are still extant., as such lands are defined in
§ C12-2A and B of this article. Such recommendation,'
for such land acquisitions shall be subject to review and
approval by the Environmental Trust Fund Review
Board and the County Legislature pursuant to
C12-5D(6). These town-recommended lands which are
acquired by the county shall not be subject to the
provisions of § C12-5B. For the purposes of this
subsection, the expenditure of sales and compensating
use tax proceeds to pay debt service on obligations issued
to pay the cost of the acquisition of land in the Pine
Barrens Wilderness and the Water Protection Preserve
shall be included in computing the percentage of the
C66.10 s-sa-vt
•
§ C12-5 CHARTER - § C12-5
total sales and compensating use tax proceeds expended
for the purposes set forth herein.
13. Payments in lieu of taxes shall be made as follows:
During the life of this program, whenever property is
acquired by Suffolk County pursuant to this article and,
as a consequence, is removed from the tax rolls, the
County of Suffolk shall mz • payments in lieu of taxes to
municipalities and school aistricta and any other eligible
taxing districts,except for the County of Suffolk and any
of its taxing districts, for a period of five years, except
that no payments shall be made for any year after the
expiration of this program. These payments shall be
made, where applicable, as follows: For the first year
that such property is removed from the tax rolls,
payments shall be made in an amount equal to 100% of
the taxee and assessments which would have been
received for that year by each such jurisdiction if such
acquisition had not occurred; for the second year,
payments shall be 80%of the applicable amount;for the
third year, 60%; for the fourth year, 40%; and for the
fifth year, 20%. The payments for each year shall be
based on the assessment for that year in which said
property is removed from the tax rolls.
C. For each year of this program, no more than 10% of the
total sales and compenaating use tax collected for that
year shall be used to reduce the county's general
property taxes for the subsequent fiscal year by being
credited to revenues in direct proportion to taxes
assessed and collected by the County of Suffolk from
parcels within the county. The remaining 2% of these
proceeds shall be used to fund operating and security
expenses on county-owned or county-leased parklands.
The funds for this purpose shall be guaranteed on an
annual basis. In no event shall the aggregate tax
stabilization component contained in this subsection
exceed 22% of the total sales and compensating use tax
proceeds generated over the life of the program by
implementation of this article.
C66.11 s-2S-n
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§ C12-5 SUFFOLK COUNTY CODE §C12-5
D. Suffolk County Environmental Trust Fund.
(1) Creation;purpose.
(a) A Suffolk County Environmental Trust Fund
('trust fund')is hereby created.A portion of the
funds acquired under this program shall be
allocated annually this trust fund. The
moneys in this truce: fund shall be made
available to the towns for the purposes of
capping and closing municipal solid waste
landfills, identifying, characterizing and
remediating toxic and hazardous waste landfills
and for other purposes as provided in
C12-SD(4). These funds shall be allocated
annually, pursuant to the provisions contained
icy §C12-5D, and•based upon the following
formula: $10 per capita for the towns of 100,000
or more in population; $15 per capita for towns
fewer than 100,000 in population; provided,
however, that in no event shall the annual
allocation to the trust fund exceed 40% of.the )
r
total sales and compensating use tax collected
for that year pursuant to this article. Payments
to the towns from this trust fund shall be
consistent en_t with the above formula as applied to
the respective towns. In the event that this
forty-percent limitation comes into effect, then
the payments to each town shall be reduced in
proportion to the percentage share each town
would have received if the forty-percent
limitation had not been in effect_ The formula
for annual payments for any given year, to any
given town, may be exceeded for that year if
funds are advanced aides'bed in§C12-5D(5),
but the total of any advanced funds, together
with any other payments made to the towns
pursuant to § C12-5D and any related
administrative, legal or borrowing costs, may
not exceed the estimated share to any given
C66.12 s-u-el
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§ C12-5 CHARTER § C12-5
• town over the life of this program, based upon
the formulas provided herein.
(b) For towns where lands are still extant which fit
the definitions of Suffolk County Pine Barrens
Preserve or Suffolk County Water Protection
Preserve, as defined in $ C12-2 of this article,
no leas than 75% of their respective allocations
shall be used :r acquisitions of such lands.
Land acquisitions made pursuant to this
requirement shall be made by the county, on
the recommendation of the relevant town in •
accordance with the provisions contained within
§ C12-5A.The county shall retain'such amounts
from the allocations to the respective towns
which are calculated pursuant to I C12-5D(1Xe)
above.
•
(2) An Environmental Trust kid Review Board shall
be created and shall be comprised of the County
Executive, each of the 10 Town Supervisors, the
Commissioner of the county's Department of Health
Services and the Director of the county's Planning
Department, or their respective designated repre-
sentatives. This Review Board shall be responsible
for reviewing requests and making recommends-
dons for the allocation of moneys to the towns,from
the trust fund, for the capping and closing of
municipal solid waste landfills and/or for the
identifying, characterizing and remediating of toxic
and hazardous waste landfills.
(3) The Environmental Trust Fund Review Board shall
convene at the earliest possible time to prepare an
estimate of the moneys that shall be available to the
trust fund over the life of the program.The Environ-
mental Trust Fund Review Board shall then take
this estimate and apply the various formulas
contained in this Article to determine the
appropriate estimated annual allocations, the
appropriate estimated overall allocations and the
C66.13 3-15-0
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§C12.5 SUFFOLK COUNTY CODE . §C12-5
appropriate estimated amounts which may be the
subject of advanced funding, financing and
borrowing. The Environmental Trust Fund Review
Board, within sixty (60) days of its convening, shall
issue a written plan, based upon these estimates,
containing the estimated amounts and percentages,
its borrowing recommendations and/or borrowing
contingencies, along with a breakdown of principal,
interest, time frames sr. the related costs. The
Division of the Budget, .-;:hin the office of the
County Executive, shall assist the Environmental
Trust Fund Review Board with its responsibilities
as contained herein. •
(4) In the event that a town wishes to use funds
available to it pursuant to this section for other en-
vironmental and water preservation projects
consistent with the provisions of § C12-5E(2). =Li-
the
adthe formula set forth in §C12-6D(1), it shall first
present to the Environmental Trust Fund Review
Board that there is no demonstrable need for
allocating trust fund moneys for the purposes of
capping and closing municipal solid waste landfills
or for the identification, characterization or
remediation of toxic or hazardous waste landfill. If
the Review Board is then satisfied, upon the
presentation of evidence, that there is no
demonstrable need for funds for such purposes, the
Review Board may 'find, by a majority of its
members, that there is no such need, and may
allocate funds for other allowable environmental or
water preservation projects, subject to review and
approval by the Suffolk County Legislature
pursuant to Subsection D(6)of this section.
(5) In the event that the county enters into any
borrowing or financing agreements for the purpose
of advancing funds for the purposes provided in
§ C12-5D(1), then the trust fund shall be reduced by
an amount equal to any and all costs incurred by the
•
C66.14 swza_wf
•
§C12-5 CHARTER - §C12-5
county and related to Such borrowing or financing
agreements.
(6) Upon an affirmative recommendation of a majority
of the members of the Environmental Trust Fund
Review Board of a town's plan and upon approval by
the Suffolk County Legislature of such a plan,
funding shall be t""de available to the towns
through the annual vital budget and/or expense
budget processes. Ea;:n town's plan shall be acted
upon annually, if app-noriate, and individually. The
towns shall report as,aually to the Environmental
Trust Fund Review Board and to the Suffolk County
Legislature, regarding expenditures Made during
the previous fiscal year. the status of the projects
being funded and the other sources of funding for
such projects.
(7) If a town has not complied with the programmatic
intent of its approved program, then the Review
Board or the County Legislature may withhold '
moneys in an amount equal to the amount affected
by the noncompliance in future•yesza
E. Water Quality Protection Program and enforcement.
(1) Any surplus funds which exist under this program
on an annual basis, after first meeting the
obligations under $ C12-6A through D and C12-6,
shall be allocated to the acquisition as determined
by the County Executive and the County Legislature
via duly enacted resolution of the County of Suffolk,
through the annual budget appropriations process,
as follows:
(a) One-third of any such surplus funds (32.66% of
unallocated, uncommitted reserve funds
determined by the computer model for this
program prepared by the Legislative Office of
Budget Review and calculated for fiscal years
1996, 1997, 1998, 1999 and the first 11 months
of the year 2000) shall be allocated to the
C66.14.1 s-2d-
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' g C12-5 SUFFOLK COUNTY CODE ' § C12-6
•
acquisition of parkland (inclusive of beach
•
nourishment allocation) in the Towns of
Huntington, Babylon, Islip, Shelter Island
and/or Smithtown, based on each town's pro
rata share of the county-wide population (most
recent LILCO figures) as determined via duly
enacted resolution of the County of Suffolk; and
(b) Two-thirds of any such surplus funds(6534%of
unallocated, uncor --fitted reserve funds
determined by the L .__puter model for this
program prepared by the Legislative Office of
Budget Review and CL._elated for fiscal years
1996, 1997, 1998, 199% and the fust 11. months
of the year '2000) shall be allocated to the
acquisition of land in accordance with § C12-5A
of this article, as determined via duly enacted
resolution of the County of Suffolk.
(4) The management, administration and day-to-day
supervision of this program shall be provided by the
Division of Real Estate in the County Department of
Law, which Division shall be responsible for
maintaining the official records of land acquisitions
consummated and moneys expended pursuant to
each of the funding components of this Article.
§C12-6. Sewer districts guaranty.'
A. The Southwest Sewer District and all other sewer
districts within Suffolk County which are currently
receiving sales and compensating use tax distribution
from the present sewer district quarter-percent sales tax
shall be guaranteed an amount during the term of this
Article equal to the closing fund balance of the present
Assessment Stabilization Reserve Fund at the end of
Ndliad.Now roma*1111.ColtaeL.to Forma,to towns.woo r.p.dad 11-34100/
57 L.1 N. li1004 whlei bed low ata paeldad for Um reaaob.rjos .1 locum
H CU-7 sad C12.$ea 1111 CSs sad Cl!-7,rarpaetly.ly,
C66.14.2 3-ss-07
X01/616"6 -2 ° "
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§C12-6 CHARTER - ¢C12-8
1988, and an amount equal to the actual amount of the
sales and compensating use tax that would have been
collected from the sewer district quarter-percent sales
tax in 1989.
B. This guaranteed amount shall be allocated to the
Assessment Stabilization Reserve Fund in the form of
the actual dosing fund b. • ce for 1988, and a credit
memorandum for the actua, _39 collected sewer district
quarter-percent sales tax. 1'.r 1989 and the ensuing
years of this program, the a. Tants required to continue
tax stabilization for these sewer districts shall be
allocated through the annual budget appropriations
process until this initial guaranteed amount shall be
fully depleted.
§ C12-7. Expiration of Article.
In the event that the sales and compensating use tax
extension contemplated by § C12-4A is brought before the
County of Suffolk for legislative action and approval, then such
sales and compensating use tax extension may only be approved
by the County Legislature and County Executive on the
condition that the resolution,local law or Charter law imposing
such extension contain a condition, term and/or provision
mandating the expiration of such sales and compensating use
tax extension no later than December 1,2000.
§ C12-8. Construction with other laws. (Added 8-28-1988
by L-L.No. 95.1988')
Notwithstanding any law to the contrary, expenditures
pursuant to this Article shall not be subject to §§C4-88,
C4-10E, F and G and C4-11D of the Suffolk County Charter.
(Cont'd on page C66.16)
7 Rdltara Note This leeal wti ayyevilad at nlae.ndus 114-194L
C66.14.3 1.26-a/