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Home My WebLink AboutSH RES 938 Southampton Town Board Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 October 23, 2017 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions adopted by the Southampton Town Board. Please sign this letter and return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may scan and email it back to townclerk@southamptontownny.gov. Signature: ____________________________ Date: __________________ Please be advised that the Town Board, at a meeting held on October 10, 2017 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2017-938 Adopted \[Unanimous\] Resolution of Adoption Amending Town Code Chapter 123 (Building Construction) to Address the Applicability of Article VIII (Innovative and Alternative On-Site Wastewater Treatment Systems or I/A OWTS) Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 10/23/2017 Page 1 Southampton Town Board Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 October 23, 2017 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Please be advised that the Town Board, at a meeting held on October 10, 2017 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2017-938 Adopted \[Unanimous\] Resolution of Adoption Amending Town Code Chapter 123 (Building Construction) to Address the Applicability of Article VIII (Innovative and Alternative On-Site Wastewater Treatment Systems or I/A OWTS) Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 10/23/2017 Page 1 Southampton Town Board - Letter Board Meeting of October 10, 2017 TOWN BOARD RESOLUTION 2017-938 Item # 7.16 ADOPTED DOC ID: 28007 Resolution of Adoption Amending Town Code Chapter 123 (Building Construction) to Address the Applicability of Article VIII (Innovative and Alternative On-Site Wastewater Treatment Systems or I/A OWTS) WHEREAS, the Town Board is considering amending Town Code Chapter 123 (Building Construction) to address the applicability of Article VIII (Innovative and Alternative On-Site Wastewater Treatment Systems or I/A OWTS); and WHEREAS, a public hearing was held by the Town Board of the Town of Southampton on October 10, 2017, at which time all persons either for or against said amendment were heard; and WHEREAS, the Department of Land Management has advised the Town Board that this proposed local law is considered a “Type II Action” under 6 NYCRR Part 617.5, provisions of the New York State Environmental Quality Review Act (SEQRA) and Chapter 157 of the Town Code, and that no further review under New York Conservation Law, Article 8, is necessary; now therefore be it RESOLVED, that Local Law No. 25 of 2017 is hereby adopted as follows: LOCAL LAW NO. 25 OF 2017 A LOCAL LAW amending Town Code 123 (Building Construction) to address the applicability of Article VIII (Innovative and Alternative On-Site Wastewater Treatment Systems or I/A OWTS). BE IT ENACTED by the Town Board of the Town of Southampton as follows: Section 1. Legislative Intent. On July 25, 2017, by Resolution No. 700 of 2017, the Town Board of the Town of Southampton enacted Article VIII of Town Code Chapter 123 entitled, “Innovative and Alternative On-Site Wastewater Treatment Systems,” or “I/A OWTS.” By this law, the Town required that particular projects within the High Priority Area, as identified in the CPF Water Quality Improvement Project Plan, utilize an I/A OWTS approved by the Suffolk County Department of Health Services. Those projects that require these systems are: (i) all new residential construction, (ii) any substantial septic system upgrade required by the Suffolk County Department of Health Services, or (iii) an increase of 25% or more in the floor area of a building. In addition, an I/A OWTS approved by the Suffolk County Department of Health Services is required for any new septic system or septic upgrade required by the Conservation Board and/or the Environment Division pursuant to Town Code Chapter 325. As the Town has begun implementing these provisions however, it has become clear that a measure of relief needs to be given to those applicants that have completed applications pending review before the Suffolk County Department of Health Services prior to the Town’s September 1, 2017 effective date. Thus, the purpose this local law is to exempt from the Article VIII requirements those applications that meet this criteria, as verified by the Suffolk Generated 10/23/2017 Page 2 Southampton Town Board - Letter Board Meeting of October 10, 2017 County Department of Health Services’ records. Section 2. Amendment. Article VIII (Innovative and Alternative On-Site Wastewater Treatment Systems) of Southampton Town Code Chapter 123 (Building Construction) is hereby amended by adding the underlined words as follows: §123-55. Applicability. This local law shall apply to any application made for a building permit after September 1, 2017 that meets the criteria described above, except for the following: (1) Applicants that have received conditional wetlands permit approval, or an administrative wetlands permit, prior to September 1, 2017, shall not have to comply with the requirements herein; or (2) Applicants that have complete applications pending review with the Suffolk County Department of Health Services prior to September 1, 2017, as verified by the Department of Health Service’s records, shall not have to comply with the requirements herein. Section 3. Authority. The proposed local law is enacted pursuant to Town Law §§130(1), 130(3-a), and 130(15), as well as Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(d)(3). Section 4. Severability. If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged 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. Section 5. Effective Date. This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to publish the following Notice of Adoption: NOTICE OF ADOPTION TAKE NOTICE, that after a public hearing was held by the Town Board of the Town of Southampton on October 10, 2017, the Town Board, at its meeting of October 10, 2017, adopted LOCAL LAW NO. 25 OF 2017, as follows: “A LOCAL LAW amending Town Code 123 (Building Construction) to address the applicability of Article VIII (Innovative and Alternative On-Site Wastewater Treatment Systems or I/A OWTS).” Copies of the proposed law, sponsored by Supervisor Schneiderman are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. Generated 10/23/2017 Page 3 Southampton Town Board - Letter Board Meeting of October 10, 2017 BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None; see resolution text. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: John Bouvier, Councilman AYES: Schneiderman, Lofstad, Scalera, Bouvier, Glinka Generated 10/23/2017 Page 4