HomeMy WebLinkAboutLL #10 2018 STATE OF NEW YORK
DEPARTMENT OF STATE
_ ONE COMMERCE PLAZA ANDREW M. CUOMO
99 WASHINGTON AVENUE GOVERNOR
ALBANY,NY 12231-0001 ROSSANA ROSADO
WWW.DOS.NY.GOV SECRETARY OF STATE
August 24, 2018
Lynda M Rudder RECEIVED -
Deputy Town Clerk
Town Hall, 53095 Main Road AUG 2 8 20ii
PO Boz 1179
Southold NY.11971 Southold Town Clerk
RE: Town of Southold,(Local Law 10-2Q18,'filed on August 22, 2018
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
NEW YORK Department
STATE OP
OPPORTUNIN_ of State
CUSTOMER ONLY
FROM:(PLEASE PRINT)
n Clerk 31 7&�5-1 ROn
Southold ToyI IIIIIII(IIII IIII VIII VIII(IIII
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i Town of Southold' EE 186315789 US
PO Box 1179
53095 Main LoadPRIORITY
�— D STATES * MAIL *,
Southold, NY 11971 UNI TE
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Rudder, Lynda
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Sent: Wednesday,August 22, 2018 1:11 PM
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Subject: RE: LL#10
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1
STATE OF NEW YORK
DEPARTMENT OF STATE
ANDREW M CUOMO
ONE COMMERCE PLAZA
GOVERNOR
99 WASHINGTON AVENUE
ALBANY,NY 12231-0001 ROSSANA ROSADO
SECRETARY OF STATE
WWW DOS NY GOV
August 16, 2018
RECEIVED
Lynda M Rudder
Deputy Town Clerk AUG 2 2 2018
Town Hall, 53095 Main Road
PO Box 1179
Southold NY 11971 Southold Tout Clerk
RE, Town of Southold, Local Law 9 2018, filed on August 10, 2018
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau,
(518) 473-2492
NIWYORK Department
STATE OF
OPPORTUNITY Of State
��gufFoc�-�o
ELIZABETH A. NEVILLE,MMC 4 Town Hall,53095 Main Road
TOWN CLERK a P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS 0 Fax(631)765-6145
MARRIAGE OFFICER ,!, De. Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER �01 �`� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
— - — - --1 August 20, 2018
''E�E186315789US J
Priority Mail Express
RE: Local Law No. 10 of 2018
Town of Southold, Suffolk County
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany,NY 12231
Dear Sir/Madam:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copy of Local Law No. 10 of 2018 of the Town of
Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing 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.
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
Local Law No. 10 of the year 2018 .
A Local Law entitled, A Local Law in relation to Amendments to Chapter 161, Street Trees
Be it enacted the Town Board of the:
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
I. Purpose.
To allow for more flexibility in the authorizing of trees to be planted and to clarify the role of the Town Engineer in the process.
II. Chapter 161 of the Code of the Town of Southold are hereby amended as follows:
§ 161-44 Street trees.
Prior to planting,the Planning Board shall be notified as to a time and place where the trees may be inspected.Any trees that are
deemed to be unacceptable,which have been planted -without proper notification,will be subject to rejection and removal. On large
subdivisions with multiple streets,serious consideration shall be given to planting more than one species of tree.
A. All trees shall be of freshly dug nursery stock and shall have grown for a period of at least two years,under the same climatic
conditions as the location of the development.They shall be of symmetrical growth,sound,healthy,free from insect pests,
disease and suitable for street trees.The average trunk diameter at a height of four inches above the finished ground level shall
be a minimum of 2 1/2 inches to three inches,depending on good practice,with reference to the particular species to be planted.
B. Trees shall be planted at intervals of 30 feet to 40 feet depending on the species,and the trees shall be located five feet outside
the right-of-way on private property.The street trees shall be planted on both sides of the street and the spacing and locations of
all trees shall be approved by the Superintendent of Highways and the Planning Board.In order to provide visibility for traffic
safety,no trees shall be planted within a minimum length of 20 feet from the ends of the right-of-way curve radius at
intersections. [Amended 12-12-1995]
C. Planting.The size of tree pits shall be as follows:Depths of all pits shall not be less than three feet.In no case shall the distance
from the ball to the side of the pit be less than six inches.All pits shall have vertical sides unless otherwise directed.The soil
shall be made loose and friable for a depth of one foot below the bottom of all pits.
(If additional space is needed; attach pages the same size as this sheet,and number each.)
DOS-239(Rev 05/05)
1
A� 5
D. Where,in the opinion of the Town Engineer,,the subgrade material is unsuitable,the size of the pits shall be dug wider and
deeper than normally required.The bottom and sides shall be backfilled with topsoil and thoroughly worked into place.
E. Backfill for tree pits shall consist of topsoil and manure mixed in the proportions of 75%topsoil and 25%manure.Trees shall be
handled so that the ball will not be loosened.After the backfill has been firmed under the ball and around it in six-inch to eight-
inch lifts,it shall be thoroughly settled with water.
F. Staking of trees shall be done immediately after planting-and maintained until final acceptance.Trees shall stand plumb after
staking and shall be supported by two stakes,eight feet or more in length,driven into the ground for three feet and fastened
securely with double strand No. 12 steel wire through reinforced black rubber hose at the trees.
G. Trees shall be wrapped with new six-inch plain burlap bandage when directed by the Town Engineer.The bandage,when used,
shall cover the entire surface of the trunk to the height of the first branches.
H. Pruning of any badly bruised or broken branches shall be done as directed and the cuts painted with an approved tree paint
depending on the size of the cuts.All trees shall be sprayed with an approved antidessiccant,using a power spray to apply an
adequate film over trunks,branches and/or over the foliage when directed by the Town Engineer.
I. At the time of planting,the soil around the trees shall be thoroughly saturated with water and as many times thereafter as
seasonable conditions require during the period to final acceptance.
J. Trees shall be planted from March 1 to May 1 and from October 15 to December 1,or at such other times as the Town Engineer
may direct.
K. Only the following rieties for etre trees contained in a list adopted by the Town Board by resolution
based upon recommendation of the Tree Committee shall be are acceptable for planting.:
Seientifie Name Common Name Spacing (feet)
Aeer platanoides Norway maple 40
Acer saceharum Sugar maple 48
Fraxinus americana �x�h�, 39
Green ash 49
Honey locus 30
30
Quercus borealis Red-oal40
Qu gin-ea48'
Tilia cordata Little leaf linden 39
Tilia tomentosa Silver tin 38
III. 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 affect the validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
2
(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. 10 of 20 18 of the
(Town)Wig)of SOUTHOLD was duly passed by the
TOWN BOARD on August 14 , 2018 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval,no disapproval or re-passage 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)(re-passed 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 of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the(general)(special)(annual) election held on 20 , in
accordance with the applicable provisions 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.
3
• l
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 affirmative 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 law 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 unit 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 there from and of the whole of such original local law , and was finally adopted in the manner indicated
in paragraph 1 , above.
0
Clerk of 4 County legislative body. City. Town or
(Seal) Village Crerk or officer designated by local legislative body
Elizabeth A.Neville,Town Clerk
Date: August 17,2018
(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
I,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law CZ=7
Signature
VdffrIM7DUffy,-TUwwAtftrmy
Damon Hagan,Assistant Town Attorney
Title
Gity
Town of SOUTHOLD
�g
Date: August 17,2018
4
Southold Town Board - Letter Board Meeting of August 14, 2018
RESOLUTION 2018-756 Item# 5.12
~�Of f yJa ADOPTED DOC ID: 14409
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-756 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 14,2018:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 3rd day of July,2018, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 161, Street Trees" and
WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard,Now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 161, Street Trees" reads
as follows:
LOCAL LAW NO. 102018
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 161, Street
Trees".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To allow for more flexibility in the authorizing of trees to be planted and to clarify the role of the
Town Engineer in the process.
II. Chapter 161 of the Code of the Town of Southold are hereby amended as follows:
§ 161-44 Street trees.
Prior to planting, the Planning Board shall be notified as to a time and place where the trees may
be inspected. Any trees that are deemed to be unacceptable, which have been planted without
proper notification, will be subject to rejection and removal. On large subdivisions with multiple
streets, serious consideration shall be given to planting more than one species of tree.
A. All trees shall be of freshly dug nursery stock and shall have grown for a period of at least
two years, under the same climatic conditions as the location of the development. They shall
be of symmetrical growth, sound,healthy, free from insect pests, disease and suitable for
Generated August 15, 2018 Page 17
-------------- - — --- ------------ --- ------ - -- ----- ----- -- —_— - ---- ----
Southold Town Board - Letter Board Meeting of August 14, 2018 °
street trees. The average trunk diameter at a height of four inches above the finished ground
level shall be a minimum of 2 1/2 inches to three inches, depending on good practice, with
reference to the particular species to be planted.
B. Trees shall be planted at intervals of 30 feet to 40 feet depending on the species, and the
trees shall be located five feet outside the right-of-way on private property. The street trees
shall be planted on both sides of the street and the spacing and locations of all trees shall be
approved by the Superintendent of Highways and the Planning Board. In order to provide
visibility for traffic safety, no trees shall be planted within a minimum length of 20 feet
from the ends of the right-of-way curve radius at intersections. [Amended 12-12-1995]
C. Planting. The size of tree pits shall be as follows: Depths of all pits shall not be less than
three feet. In no case shall the distance from the ball to the side of the pit be less than six
inches. All pits shall have vertical sides unless otherwise directed. The soil shall be made
loose and friable for a depth of one foot below the bottom of all pits.
D. Where, in the opinion of the Town Engineer, the subgrade material is unsuitable, the size of
the pits shall be dug wider and deeper than normally required. The bottom and sides shall be
backfilled with topsoil and thoroughly worked into place.
E. Backfill for tree pits shall consist of topsoil and manure mixed in the proportions of 75%
topsoil and 25% manure. Trees shall be handled so that the ball will not be loosened. After
the backfill has been firmed under the ball and around it in six-inch to eight-inch lifts, it
shall be thoroughly settled with water.
F. Staking of trees shall be done immediately after planting and maintained until final
acceptance. Trees shall stand plumb after staking and shall be supported by two stakes,
eight feet or more in length, driven into the ground for three feet and fastened securely with
double strand No. 12 steel wire through reinforced black rubber hose at the trees.
G. Trees shall be wrapped with new six-inch plain burlap bandage when directed by the Town
Engineer. The bandage, when used, shall cover the entire surface of the trunk to the height
of the first branches.
H. Pruning of any badly bruised or broken branches shall be done as directed and the cuts
painted with an approved tree paint depending on the size of the cuts. All trees shall be
sprayed with an approved antidessiccant, using a power spray to apply an adequate film
over trunks, branches and/or over the foliage when directed by the Town Engineer.
1. At the time of planting, the soil around the trees shall be thoroughly saturated with water
and as many times thereafter as seasonable conditions require during the period to final
acceptance.
J. Trees shall be planted from March 1 to May 1 and from October 15 to December 1, or at
such other times as the Town Engineer may direct.
Generated August 15, 2018 Page 18
Southold Town Board - Letter Board Meeting of August 14, 2018
K. Only the fellowin fellow—na varieties for str—ee trees contained in a list adopted by
the Town Board by resolution based upon recommendation of the Tree Committee
shall be are acceptable for planting.:
Seientifie Name Common Name Spaeing
Norway rye 48
Aeer saeehar-um Sugar-maple 4$
Fr-axinus a White ash -30
48
Honey loeust -38
Quereus borealis Red-eal 40
Quer-eus palustris Pin nal 40
Tilia eor-data Little leaf linden 30
III. 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 affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio,Evans, Russell
Generated August 15, 2018 Page 19
#0002246240
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck,in said county,being duly sworn,says that 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 1
weeks(s),successfully commencing on 08/09/2018
r
G�—
Principal Clerk
Sworn to before me this �` day of
e1STI'NA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No. (31V06105050
Qualified in Suffolk County
MY Commwion lixpiwn Fagruary 28,2020
"-TYPESET Wed Aug 01 15 53 59 EDT 2018
soil and manure mixed in the proportions of
LEGAL NOTICE 75%topsoil and 25%manure.Trees shall be
NOTICE OF PUBLIC HEARING handled so that the ball will not be loosened.
NOTICE IS HEREBY GIVEN,there has After the backfill has been firmed under the
been presented to the Town Board of the ball and around it in six-inch to eight-inch
Town of Southold, Suffolk County, New lifts,it shall be thoroughly settled with water
York,on the 3rd day of July,2018,a Local F Staking of trees shall be done immedi-
Law entitled"A Local Law in relation to ately after planting and maintained until final
Amendments to Chapter 161,Street Trees" acceptance Trees shall stand plumb after
and staking and shall be supported by two stakes,
NOTICE IS HEREBY FURTHER eight feet or more in length,driven into the
GIVEN that the Town Board of the Town of ground for three feet and fastened securely
Southold will hold a public hearing on the with double strand No. 12 steel wire through
aforesaid Local Law at the Southold Town reinforced black rubber hose at the trees
Hall,53095 Main Road,Southold,New York, G Trees shall be wrapped with new six-
on the 14th day of August,2018 at 4:31 p.m. inch plain burlap bandage when directed by
at which time all interested persons will be the Town Engineer.The bandage,when used,
given an opportunity to be heard. shall cover the entire surface of the trunk to
The proposed Local Law entitled,"A Lo- the height of the first branches
cal Law in relation to Amendments to H Pruning of any badly bruised or broken
Chapter 161,Street Trees"reads as follows: branches shall be done as directed and the cuts
LOCAL LAW NO.2018 painted with an approved tree paint depend-
A Local Law entitled,"A Local Law in ing on the size of the cuts All trees shall be
relation to Amendments to Chapter 161, sprayed with an approved amidessiccant,
Street Trees". using a power spray to apply an adequate film
BE IT ENACTED by the Town Board of over trunks,branches and/or over the foliage
the Town of Southold as follows: when directed by the Town Engineer.
I. Purpose I. At the time of planting,the soil around the
To allow for more flexibility in the autho- trees shall be thoroughly saturated with water
rizing of trees to be planted and to clarify the and as many times thereafter as seasonable
role of the town engineer in the process. conditions require during the period to final
II. Chapter 161 of the Code of the Town of acceptance.
Southold are hereby amended as follows- J. Trees shall be planted from March 1 to
§ 161-44 Street trees. May 1 and from October 15 to December 1,or
Prior to planting,the Planning Board shall at such other times as the Town Engineer may
be notified as to a time and place where the direct.
trees may be inspected Any trees that are K Only the fullowing specirs mid vai icties
deemed to be unacceptable,which have been fbi su cut trees contained in a list adopted by
planted without proper notification, will be the Town Board by resolution based upon
subject to rejection and removal. On large recommendation of the Tree Committee
subdivisions with multiple streets, serious shall be are acceptable for planting..
consideration shall be given to planting more
than one species of tree
A. All trees shall be of freshly dug nursery
stock and shall have grown for a period of at
least two years,under the same climatic conFLdXIIIUS U111ULIGand White ash 36
-
ditions as the location of the development
They shall be of symmetrical growth,sound, iaticeoiatus—
healthy, free from insect pests, disease and
suitable for street trees. The average trunk
diameter at a height of four inches above the
finished ground level shall be a minimum of 2
1/2 inches to three inches,depending on good
practice,with reference to the particular spe-
cies to be planted
B Trees shall be planted at intervals of 30 III. SEVERABILITY
feet to 40 feet depending on the species,and If any clause,sentence,paragraph,section,or
the trees shall be located five feet outside the part of this Local Law shall be adjudged by
right-of-way on private property.The street any court of competent jurisdiction to be en-
trees shall be planted on both sides of the valid,the Judgment shall not affect the valid-
street and the spacing and locations of all trees ity of this law as a whole or any part thereof
shall be approved by the Superintendent of other than the part so decided to be unconsti-
Highways and the Planning Board.In order to tutional or invalid
provide visibility for traffic safety,no trees IV. EFFECTIVE DATE
shall be planted within a minimum length of This Local Law shall take effect immediately
20 feet from the ends of the right-of-way upon filing with the Secretary of State as
curve radius at intersections. [Amended provided by law
12-12-19951 Dated July 3,2018
C. Planting.The size of tree pits shall be as BY THE ORDER OF THE
follows Depths of all pits shall not be less SOUTHOLD TOWN BOARD
than three feet.In no case shall the distance Elizabeth A.Neville
from the ball to the side of the pit be less than Southold Town Clerk
six inches All pits shall have vertical sides 2246240
unless otherwise directed.The soil shall be
made loose and friable for a depth of one foot
below the bottom of all pits
D. Where,in the opinion of the Town En-
gineer, the subgrade material is unsuitable,
the size of the pits shall be dug wider and
deeper than normally required.The bottom
and sides shall be backfilled with topsoil and
thoroughly worked into place
E Backfill for tree pits shall consist of top-
RESO 2018- 76-�6
SUMMARY OF LL/AMENDING CHAPTER 161
"A Local law Amending Chapter 161 Street Trees"
THE PROPOSED LOCAL LAW FOR WHICH A PUBLIC A PUBLIC HEARING IS BEING
HELD THIS AFTERNOON PROPOSES A LOCAL LAW AMENDING CHAPTER 161
"STREET TREES."
SPECIFICALLY, IF ADOPTED, THE PROPOSED LOCAL LAW WOULD AMEND SECTION
161-44 OF THE TOWN CODE TO ALLOW THE TOWN BOARD TO AMEND THE LIST
OF TREES ACCEPTABLE FOR USE AS STREET TREES BY RESOLUTION INSTEAD OF BY
LOCAL LAW.
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN
THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE
0
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,there has been presented to the Town Board of the Town of
Southold, Suffolk County,New York, on the 3 d day of July, 2018, a Local Law entitled "A
Local Law in relation to Amendments to Chapter 161, Street Trees" and
NOTICE IS HEREBY FURTHER GIVEN 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 14th day of August, 2018 at 4:31 p.m. at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 161,
Street Trees" reads as follows:
LOCAL LAW NO. 2018
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 161, Street
Trees".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To allow for more flexibility in the authorizing of trees to be planted and to clarify the
role of the town engineer in the process.
H. Chapter 161 of the Code of the Town of Southold are hereby amended as follows:
§ 161-44 Street trees.
Prior to planting, the Planning Board shall be notified as to a time and place where the trees may
be inspected. Any trees that are deemed to be unacceptable, which have been planted without
proper notification, will be subject to rejection and removal. On large subdivisions with multiple
streets, serious consideration shall be given to planting more than one species of tree.
A. All trees shall be of freshly dug nursery stock and shall have grown for a period of at least
two years, under the same climatic conditions as the location of the development. They shall
be of symmetrical growth, sound, healthy, free from insect pests, disease and suitable for
street trees. The average trunk diameter at a height of four inches above the finished ground
level shall be a minimum of 2 1/2 inches to three inches, depending on good practice, with
reference to the particular species to be planted.
B. Trees shall be planted at intervals of 30 feet to 40 feet depending on the species, and the
trees shall be located five feet outside the right-of-way on private property. The street trees
shall be planted on both sides of the street and the spacing and locations of all trees shall be
approved by the Superintendent of Highways and the Planning Board. In order to provide
d
visibility for traffic safety, no trees shall be planted within a minimum length of 20 feet
from the ends of the right-of-way curve radius at intersections. [Amended 12-12-19951
C. Planting. The size of tree pits shall be as follows: Depths of all pits shall not be less than
three feet. In no case shall the distance from the ball to the side of the pit be less than six
inches. All pits shall have vertical sides unless otherwise directed. The soil shall be made
loose and friable for a depth of one foot below the bottom of all pits.
D. Where, in the opinion of the Town Engineer, the subgrade material is unsuitable, the size of
the pits shall be dug wider and deeper than normally required. The bottom and sides shall be
backfilled with topsoil and thoroughly worked into place.
E. Backfill for tree pits shall consist of topsoil and manure mixed in the proportions of 75%
topsoil and 25%manure. Trees shall be handled so that the ball will not be loosened. After
the backfill has been firmed under the ball and around it in six-inch to eight-inch lifts, it
shall be thoroughly settled with water.
F. Staking of trees shall be done immediately after planting and maintained until final
acceptance. Trees shall stand plumb after staking and shall be supported by two stakes,
eight feet or more in length, driven into the ground for three feet and fastened securely with
double strand No. 12 steel wire through reinforced black rubber hose at the trees.
G. Trees shall be wrapped with new six-inch plain burlap bandage when directed by the Town
Engineer. The bandage, when used, shall cover the entire surface of the trunk to the height
of the first branches.
H. Pruning of any badly bruised or broken branches shall be done as directed and the cuts
painted with an approved tree paint depending on the size of the cuts. All trees shall be
sprayed with an approved antidessiccant, using a power spray to apply an adequate film
over trunks, branches and/or over the foliage when directed by the Town Engineer.
I. At the time of planting, the soil around the trees shall be thoroughly saturated with water
and as many times thereafter as seasonable conditions require during the period to final
acceptance.
J. Trees shall be planted from March 1 to May 1 and from October 15 to December 1, or at
such other times as the Town Engineer may direct.
K. Only the f 1le A4 _ Id varieties for-st ee trees contained in a list adopted by the
Town Board by resolution based upon recommendation of the Tree Committee shall
be afeacceptable for nlantin$!.:
Sete fi fie .Tame Common Name Spae ng (f eo
Aeer- saeehai-7umSugar- 40
White-ash N
Honey io st. .30
Quer-eus borea4is Red oak 40
Quereus .,i Pin 0—ak 40
Tilia tefflefAes Silver- linden 30
III. 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 affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Dated: July 3, 2018 BY THE ORDER OF THE
SOUTHOLD TOWN BOARD
Elizabeth A. Neville
Southold Town Clerk
PLEASE PUBLISH IN THE AUGUST 9, 2018 EDITION OF THE SUFFOLK TIMES AND
PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN
CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971.
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being
duly sworn, says that on the 1St day of August , 2018, a notice of which the
annexed printed notice is a true copy was affixed, 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.
PH 8/14 4:31 pm—Chapter 161, Street Trees
lizabeth A. Nevill
Southold Town Clerk
Sworn before me this
1St day of Au t
� t1
Notary Public
I
Rudder, Lynda
From: legals <legals@timesreview.com>
Sent: Wednesday,August 01,2018 3:55 PM
To: Rudder, Lynda; Lisa Finn (lisaahfinn@gmail.com); Michaelis,Jessica; Reisenberg, Lloyd;
Southold Local (denise@south old Iocal.com); Dinizio, James; Doherty,Jill; Doroski,
Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Norklun, Stacey;
Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland; Duffy, Bill;
Hagan, Damon; Silleck, Mary
Cc: Tomaszewski, Zachary
Subject: Re: Street Trees for publication
Attachments: Ad_Order_Form[35].pdf;Ad_Image_Preview[11].pdf
Hello,
This notice has been scheduled,the attached documents serve as your confirmation, invoice and proof. Please review for
accuracy. Payment is due upon receipt.
Affidavits are processed and mailed out a week after the final publication date of the notice.
Thank you.
legals@timesreview.com
KIMES
RFIVIFEW
MEDIA GROUP
Kimberly Gersic
Sales Production Assistant
631.354.8013(direct)
kqersic@timesreview.com
www.timesreview.com
PLEASE NOTE CANCELLATION POLICY:All ads are billed for entire run upon first publication date. Cancellations for publication
dates can be made but there will be no adjustment to cost and refunds will not be given. There are no exceptions to this
policy.
TIM x�
p}"..A REV8:E
1
l
Kimberly Gersic
Sales Production Assistant
631.354.8013(direct)
kqersic@timesreview.com
www.timesreview.com
From: "Rudder, Lynda" <Ivnda.rudder@town.southold.nv.us>
Date: Wednesday,August 1, 2018 at 1:03 PM
To: Lindsay Riemer<legals@timesreview.com>, "Lisa Finn (lisaahfinn@gmail.com)" <lisaahfinn@gmail.com>, "Michaelis,
Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southoId.ny.us>, "Southold
Local (denise@southoldlocal.com)" <denise@southoldlocal.com>, "Dinizio,James"
<iames.dinizio@town.southold.nv.us>, "Doherty,Jill" <fill.doherty@town.southold.nv.us>, "Doroski, Bonnie"
<Bonnie.Doroski@town.southold.nv.us>, "Ghosio, Bob" <bob.ghosio@town.southold.nv.us>, Louisa Evans
<lPevans06390@gmail.com>, "Neville, Elizabeth" <E.Nevil le@town.southoId.ny.us>, "Noncarrow, Denis"
<denisn@southoldtownny.gov>, "Norklun, Stacey" <Stacey.Norklun@town.southold.ny.us>, "Rudder, Lynda"
<Iynda.rudder@town.southold.ny.us>, "Russell,Scott" <scottr@southoldtownny.gov>, "Standish, Lauren"
<Lauren.Standish@town.southold.nv.us>, "Tomaszewski, Michelle"<michellet@town.southold.ny.us>,William Ruland
<rulandfarm@vahoo.com>, "Duffy, Bill" <billd@southoldtownny.gov>, "Hagan, Damon"
<damonh@southoldtownny.gov>, "Silleck, Mary" <marvs@town.southold.ny.us>
Cc: "Tomaszewski,Zachary" <zact@southoldtownny.gov>
Subject:Street Trees for publication
Please publish in the 8/9 edition of the Suffolk Times and the town website,thank you
z
Southold Town Board - Letter Board Meeting of July 3, 2018
��SUFFO(,�oy RESOLUTION 2018-661 Item # 5.45
oyQaF
3 ADOPTED DOC ID: 14321
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-661 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 3, 2018:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 3rd day of July, 2018, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 161, Street Trees" 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
14th day of August, 2018 at 4:31 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 161,
Street Trees" reads as follows:
LOCAL LAW NO. 2018
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 161, Street
Trees".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To allow for more flexibility in the authorizing of trees to be planted and to
clarify the role of the town engineer in the process.
11. Chapter 161 of the Code of the Town of Southold are hereby amended as follows:
§ 161-44 Street trees.
Prior to planting, the Planning Board shall be notified as to a time and place where the trees may
be inspected. Any trees that are deemed to be unacceptable, which have been planted without
proper notification, will be subject to rejection and removal. On large subdivisions with multiple
streets, serious consideration shall be given to planting more than one species of tree.
A. All trees shall be of freshly dug nursery stock and shall have grown for a period of at least
two years, under the same climatic conditions as the location of the development. They shall
Generated July 6, 2018 Page 62
T
Southold Town Board - Letter Board Meeting of July 3, 2018
be of symmetrical growth, sound, healthy, free from insect pests, disease and suitable for
street trees. The average trunk diameter at a height of four inches above the finished ground
level shall be a minimum of 2 1/2 inches to three inches, depending on good practice, with
reference to the particular species to be planted.
B. Trees shall be planted at intervals of 30 feet to 40 feet depending on the species, and the
trees shall be located five feet outside the right-of-way on private property. The street trees
shall be planted on both sides of the street and the spacing and locations of all trees shall be
approved by the Superintendent of Highways and the Planning Board. In order to provide
visibility for traffic safety, no trees shall be planted within a minimum length of 20 feet
from the ends of the right-of-way curve radius at intersections. [Amended 12-12-1995]
C. Planting. The size of tree pits shall be as follows: Depths of all pits shall not be less than
three feet. In no case shall the distance from the ball to the side of the pit be less than six
inches. All pits shall have vertical sides unless otherwise directed. The soil shall be made
loose and friable for a depth of one foot below the bottom of all pits.
D. Where, in the opinion of the Town Engineer, the subgrade material is unsuitable, the size of
the pits shall be dug wider and deeper than normally required. The bottom and sides shall be
backfilled with topsoil and thoroughly worked into place.
E. Backfill for tree pits shall consist of topsoil and manure mixed in the proportions of 75%
topsoil and 25%manure. Trees shall be handled so that the ball will not be loosened. After
the backfill has been firmed under the ball and around it in six-inch to eight-inch lifts, it
shall be thoroughly settled with water.
F. Staking of trees shall be done immediately after planting and maintained until final
acceptance. Trees shall stand plumb after staking and shall be supported by two stakes,
eight feet or more in length, driven into the ground for three feet and fastened securely with
double strand No. 12 steel wire through reinforced black rubber hose at the trees.
G. Trees shall be wrapped with new six-inch plain burlap bandage when directed by the Town
Engineer. The bandage, when used, shall cover the entire surface of the trunk to the height
of the first branches.
H. Pruning of any badly bruised or broken branches shall be done as directed and the cuts
painted with an approved tree paint depending on the size of the cuts. All trees shall be
sprayed with an approved antidessiccant, using a power spray to apply an adequate film
over trunks, branches and/or over the foliage when directed by the Town Engineer.
I. At the time of planting, the soil around the trees shall be thoroughly saturated with water
and as many times thereafter as seasonable conditions require during the period to final
acceptance.
J. Trees shall be planted from March 1 to May 1 and from October 15 to December 1; or at
Generated July 6, 2018 Page 63
Southold Town Board - Letter Board Meeting of July 3, 2018
such other times as the Town Engineer may direct.
K. Only trees contained in a list adopted by
the Town Board by resolution based upon recommendation of the Tree Committee
shall be are acceptable for planting.:
Seientifie Name Common Name Spaeing (feet)
A,. sacehar-umSugar- 40
ii,.axinus amer-iean-aM7hite r 30
40
Gleditsia ty-iaeanthos iner-mis Moraine honey locus -30
Quer-cus-borealis Red-oak 40
Quereus palustrisBirt Oak 40
Tilia eor-data Little leaf linden 30
Silver linden 30
III. 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 affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. i
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Generated July 6, 2018 Page 64