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HomeMy WebLinkAboutLL-2002 #04Local 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. Town of SOUTHOLD LOCAL LAW NO. 4 OF 2002 BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. 100-239.4 Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3-1989] Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all building or structures located on lots adjacent to water bodies and wetlands: Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. [Amended 11-24- 1992 by L.L. No. 20-1992] (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank. (2) Except as otherwise provided in SuBsection A(1) hereof, all buildings or structures located on lots adjacent to sounds shall be set back not less than one hundred (100) feet from the ordinary high-water mark of said sound. (3) Buildings or structures which are proposed landward of existing principal dwellings shall be exempt from the requirements set forth in Subsection A(1) and A(2) hereof. [Added 6-15-1993 by L.L. No. 8-1993] All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. The following exceptions will apply: (1) Buildings which are proposed landward of existing buildings. (2) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the code of the Town of Southold. (3) Docks, wharves, pilings, boardwalks, stairs, promenades, walkways and piers, which are accessory and separate from existing buildings or accessory structures. Co [Amended 6-15-1993 by L.L. No. 8-1993] All buildings and structures located on lots adjacent to any freshwater body shall be set back not less than sevexlt,¢~five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, whichever is greater. The following exception will apply: (1) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. 1I. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Underline represents additions (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 filing 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. 4 of 20 02 of the (Ca'.xnty)(C:~*.y)(Town) ~) of SOUTHOLD was duly passed by the TOWN BOARD on AUGUST 27 ~ 20 02 , 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 to the people by reason ora (mandatory)(permissive) referendum, and received the affuxnative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the apphcable prowsions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting 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 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- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a 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 affu'mative 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/aw 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 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a urfit 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 final 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 office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk of ~ County l'egisfa~ive bod[j,,.Gity. ~o~n or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk (Seal) Date: August 28, 2002 (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 Gregory F. Yakaboski~ Esq, Town Attorney Title Town of SOUTHOLD Date: (3) August 28, 2002 STATE OF NEw YORK DE:PARTI,4E:NT OF STATE: 4 I STATE STREET ALBANY, NY I ;:>;~..~ I-OOO I RECEIVED SEP I 6 2002 $oulhold Town Clork GEORGE E. PATAKI GOVERNOR RANDY A. DANIELS SECRETARY Of STATE September 10, 2002 ELIZABETH A. NEVILLE TOWN HALL 53095 Main Road P.O. Box 1179 SOUTHOLD, NY 11971 RE: Town of Southold, Local Law 4, 2002, filed 08/29/2002 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 W~/W.DOS.$TATE.N¥,US · E-MAIL: INFO'DOS.STATE.NY,US RECYCLED pAPER RECEIVED 8EP 3 0 2.002 Southold Town Clef[ DEPARq-lVlENT OF PLANNING ~'-OUNTY OF SUFFOLK ROBERT d. GAFFNEY SUFFOLK COUN-rY EXECUTIVE THOMAS ISLES AICP DIRECTOR OF PLANNING September 25, 2002 Ms. Elizabeth Nevil!e, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Dear Ms. Neville: Re: Amended Zoning Ordinance Section 100-239.4 Town of Southold (Local Law. No. 4 of 2002) Pursuant to Sections A 14-21 of the Suffolk County Administrative Code, the Suffolk County Planning Commission has notified the neighboring town(s) and/or village(s) concerning the above captioned zoning action(s). Having received no adverse response, the Commission will take no further action. Very truly yours, Thomas Isles Director of Planning GGN:cc G:\CCHORNY~ZONING~ZONING\WORKING\NAR~2002~SD#4.SEP S/s Gerald G. Newman Chief Planner LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR I O0 VE'fERANS MEMORIAL HIGHWAY MAILING ADDRESS · P.O. BOX ,~1 O0 · HAUPPAUGE, NY I 1788-009g (63 I ) 853-5 I gO TELECOPIER (63 I ) 853-4044 STATE OF NEW YORK) )SS: -..~-/~~~~ of Mattituck, in said county, being duly sworn, says that he/she is Principal--clerk~of THE SUFFOLK TIMES, a weekly newspaper, published 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 published in said Newspaper once each week for / weeks succes- on the ~ day of 20~.~ ncipal Clerk Sworn to bef~ore me this. ~ day of /~~4- -- 20 ~ Notary Public, State of New York No 01 B06067958 Qualified in Suffolk County 24, 20 ~)~''' My Commission Expires Dee, -- STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being that on the .9 day of ~ }J.J_t~.~a- ,2002, she affixed a duly sworn, says notice of which the annexed printed notice is a true 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 HEARING: Amend Chapter 100, Section 239.4 (-l~lizabeth A. N~--vi~le - Southold Town Clerk Sworn before me this ~>/ day of ~ ,2002. LYNDA M. BOHN SOUTHOLD TOWN BOARD PUBLIC HEARING August 27, 2002 8:00 P.M. HEARING ON "A LOCAL LAW TO AMEND CHAPTER 100, § 239.4 ENTITLED 'BUILDING SETBACK REQUIREMENTS ADJACENT TO WATER BODIES AND WETLANDS' OF THE CODE OF THE TOWN OF SOUTHOLD" Present: Absent: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Councilman John M. Romanelli COUNCILMAN WICKHAM: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County_, New York on the 30th day of July, 2002, a Local Law entitled "A Local Law to Amend Chapter 100~ Section 239.4 entitled "Buildine setback requirements ad|aeent to water bodies and wetlands of the Code of the Town of Southold", now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 27T}I day of Aneust, 2002, at 8:00 p.m., at which time all interested persons will be given an opportunity to be heard. This proposed local law entitled "A Local Law to Amend Chapter 100, Section 239.4 entitled "Building setback requirements adjacent to water bodies and wetlands of the Code of the Town of Sonthold", reads as follows: LOCAL LAW NO. OF 2002 BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. 100-239.4 Building setback requirements adjacent to water bodies and wetlands. [Added 3- 14-1989 by L.L. No. 3-1989] Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all building or structures located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. [Amended 11-24-1992 by L.L. No. 20-1992] 2 (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank. (2) Except as otherwise provided in Subsection A(1) hereof, all buildings or structures located on lots adjacent to sounds shall be set back not less than one hundred (100) feet from the ordinary high-water mark of said sound. (3) Buildings or structures which are proposed landward of existing principal dwellings shall be exempt fi:om the requirements set forth in Subsection A(1) and A(2) hereof. [Added 6-15-1993 by L.L. No. 8-1993] All buildings: or struC~es located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet fi:om the bulkhead. The following exceptions will apply: (1) Buildings which are proposed landward of existing buildings. (2) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the code of the Town of Southold. (3) Docks, wharves, pilings, boardwalks, stairs, promenades, walkways and piers, which are accessory and separate fi.om existing buildings or accessory structures. C. [Amended 6-15-1993 by L.L. No. 8-1993] All buildings and structures located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet fi:om the landward edge of the freshwater wetland, whichever is greater. The following exception will apply: (1) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Underline represents additions COUNCILMAN WICKHAM: I have here a communication fi:om the Suffolk County Department of Planning pursuant to the requirements of their sections of the law this referenced application, which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county wide or inter-community impacts. A decision of local determination should not be construed as either approval or disapproval. We also have a communication fi:om our Planning Board which "has no comments on the proposed amendment and is in favor of the proposed changes." I have notice here that the notice for public hearing has been duly applied to the Town Clerk bulletin board in the hall and a further copy in the newspaper that it has been officially heard and printed in the paper. 3 SUPERVISOR HORTON: Would anybody care to address the Town Board in regard to the public hearing? WILLIAM TOEDTER: My name is William Toedter. I am not really a public speaker. I wanted to stress two points but also ask the questions as I am sort of intricately involved with some of the changes going on here as we are on a bluff on the Sound. It occurs to me that it is very important that we make these changes and go through with this. I th/nk that the Town has seen in many different instances whether it be the challenge of the water resources that we have, whether it be the jetty issues that we have rather like instances that have gone on in the past. Individuals who can make action sometimes do it in not the best interests of the community and to have that oversight and have these regulations, ! think is very important to make sure that the natural resources as well as the value of the community is looked al/er. In that change to the law, though, I guess there are two things that I have a question on. One is under the terms structures, what would be included for that, because there is discussion as to whether a swimming pool would be considered a structure or not and whether they would be considered to be determined or guided by these guidelines within the town? The second issue at hand is whether the change iS perspective or going to be retrospective in terms of going back so that some of these issues that are on the board and some of the questions will indeed be covered by this so that some of those permits and instances of the bill on the block will be covered by this particular resolution. -~ SUPERVISOR HORTON: Your first question in regard to, you mentioned specifically swimming pools and I referred to counsel very briefly, the answer to that is yes. Swimming pools could be deemed as structures in the Town Code. Is that correct? TOWN ATTORNEY YAKABOSKI: Correct. The definition of swimming pool starts out 'a structure containing an artificial body of water'. SUPERVISOR HORTON: So a swimming pool would be included, it would fall under the definition of structure in regards to that. WILLIAM TOEDTER: And the second question is does this take place upon passing with the intent of this to be fi.om that point only forward? So that anything that didn't fall under that for instance a swimming pool or structure that didn't fall under the code up to that point would then be allowed to go through. SUPERVISOR HORTON: It will give the legislative body or the ruling body the ability to deal with permits that have not been issued with this change. Is that correct? TOWN ATTORNEY YAKABOSKI: Correct. SUPERVISOR HORTON: The permit that has not yet been issued or granted will fall under the changes of this law should it pass. WILLIAM TOEDTER: Thank-you very much. 4 SUPERVISOR HORTON: Would anybody else care to address the Town Board on this public hearing? (No response) We will close this hearing. Southold Town Clerk