Category: Proposed Local Laws

PROPOSED LOCAL LAW 1 OF THE YEAR 2025

TO AMEND §62-2 OF THE VILLAGE CODE OF THE INCORPORATED VILLAGE OF MUTTONTOWN

A local law to amend the Village Code § 62-2 of Chapter 62: Excavation and Grading

Section 1. Legislative Intent

It is the intent of this Local Law to amend § 62-2 of Chapter 62: Excavation and Grading.

Section 2. Authority

This Local Law is adopted pursuant to the provisions of the Village Law and the Municipal Home Rule Law of the State of New York.

Section 3. Amendment to Section 62-2 of the Village Code of the Incorporated Village of Muttontown

• 62-2. Definitions

As used in this chapter, the following terms shall have the meanings indicated:

EXCAVATION

The disturbance, including but not limited to grading, dredging and removal, of topsoil, subsoil, sod, earth, gravel and such other natural materials in excess of 400 cubic yards.

FILLING

The depositing or dumping of any fill, stone, sand, gravel, topsoil, soil or other organic material on the property or in a lake, pond, marsh or other watercourse in excess of 400 cubic yards.

Section 4. Severability

If a court determines that any clause, sentence, paragraph subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this Local Law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation, or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. 

Section 5. Applicability.

This article shall apply to all actions occurring on or after the effective date of this article.

Section 6. Effective Date.

This Local Law shall take effect immediately upon filing with the Secretary of State.

PROPOSED LOCAL LAW 2 OF THE YEAR 2024

ADOPTING LOCAL LAW 2 OF 2024- REPEALING LOCAL LAW 1 OF 2024- OVERRIDING THE TAX LEVY LIMIT ESTABLISHED BY GENERAL MUNICIPAL LAW § 3-c

Section 1. Legislative Intent

It is the intent of this local law to allow the Incorporated Village of Muttontown to repeal Local Law 1 of 2024, which authorized the Board of Trustees to adopt a budget for the fiscal year commencing June 1, 2024 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c.

Section 2. Authority

This local law is adopted pursuant to subdivision 2 of the General Municipal Law § 3-d, which expressly states that upon the adoption of the budget of a local government unit, that does not exceed the tax levy limit prescribed by state law, any governing body of a local government that enacted a local law to override the tax levy limit, must repeal such local law.

Section 3. Repeal of Local Law 1 of 2024: Tax Levy Limit Override

The Board of Trustees of the Incorporated Village of Muttontown, County of Nassau, is hereby authorized to repeal Local Law 1 of 2024, which authorized the Incorporated Village of Muttontown to adopt a budget for the fiscal year commencing June 1, 2024 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law § 3-c.

Section 4. Severability.

If a court determines that any clause, sentence, paragraph subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this Local Law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation, or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. 

Section 5. Applicability

This article shall apply to all actions occurring on or after the effective date of this article.

Section 6. Effective Date

This Local Law shall take effect immediately upon filing with the Secretary of State.

PROPOSED LOCAL LAW 1 OF THE YEAR 2024

ADOPTING LOCAL LAW 1 OF 2024 – OVERRIDING THE TAX LEVY LIMIT ESTABLISHED BY GENERAL MUNICIPAL LAW § 3-c

Section 1. Legislative Intent

It is the intent of this local law to allow the Incorporated Village of Muttontown to adopt a budget for the fiscal year commencing June 1, 2024 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c.

Section 2. Authority

This local law is adopted pursuant to subdivision 5 of General Municipal Law § 3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by adopting a local law approved by a vote of sixty percent (60%) of said governing body.

Section 3. Tax Levy Limit Override

The Board of Trustees of the Incorporated Village of Muttontown, County of Nassau, is hereby authorized to adopt a budget for the fiscal year commencing June 1, 2024 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law § 3-c.

Section 4. Severability.

If a court determines that any clause, sentence, paragraph subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this Local Law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation, or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. 

Section 6. Effective Date.

This Local Law shall take effect immediately upon filing with the Secretary of State.