PROCEDURAL GUIDES

Since all permanent legislative enactments by Villages are required to be done by local law, Chapter 974 of the Laws of 1973; Chapters 1028 and 1029 of the Laws of 1974 eff. September 1, 1974), this Code has been adopted as a local law replacing all prior general ordinances and local laws pursuant to the authority in Municipal Home Rule Law § 20(3). Cf Stat Loc Govt. § 10(1).

The Municipal Code is arranged in major titles as follows:

I Administrative

II Licensing and Regulation of Businesses

III Planning, Building and Zoning Regulations

IV Public Places and Property

V Public Safety and Health

VI Miscellaneous

The arrangement and citation of pertinent parts of the Code is set forth as follows:

Arrangement Identification Example

Title Roman Numerals Title I

Chapter Arabic Numerals Chapter 25

Article Roman Numerals Article I

Section Arabic Numerals 25.10

Subdivision Capital Letters A

Paragraph Arabic Numerals 5

Subparagraph Small Letters a

Clause Arabic Numerals in

parenthesis (1)

Subclause Small Letters

in parenthesis (a)

Item Small Roman Numerals

in parenthesis (i)

Where circumstances require or are preferable, some of the above classifications have been omitted.

An exhaustive index has been prepared and should be consulted first in order to find any topic or subject matter. The next step is to consult the Insta‑Supp Index which lists chronologically any amendments, repeals or additions to the Code to determine if any changes have been enacted. The pages are to be numbered in numerical order with a prefix, "T".

PROCEDURAL GUIDES

Any new local law amending, repealing or adding a new Chapter should embody only the subject matter contained in each separate Chapter. The local law should be prepared on an 8 ½" x 11" sheet and single‑spaced. Local laws should be numbered chronologically each year as filed in the office of the Secretary of State. In this manner, sufficient copies of the local law can be reproduced and inserted behind the Insta‑Supp Index tab in the Code Books in use by the Village. Thus each Code Book in use should always be up to date. At regular intervals, preferably once a year, the changes should be incorporated in the Code and a new Insta‑Supp Index should then be initiated. Recommended forms for enacting local laws and traffic regulations to be used in conjunction with this Code are set forth on the following pages.

If a new Chapter is enacted, a chapter number which has been reserved should be used. But if there is not a suitable number reserved, a new chapter number may be designated by adding capital letters in alphabetical order. For example, a new Chapter to be inserted between Chapters 25 and 26 would be designated as Chapter 25A. Likewise, a new Section to be added to an existing Chapter should be designated by a reserved number, but if none is available or the arrangement would be illogical, then the new Section should be designated by adding a hyphen and small letter in alphabetical order. For example, a new Section to be inserted between § 25.12 and § 25.13 should be designated § 25.12‑a.

The Insta‑Supp Index should be completed as follows:

Column one ‑ Specify the number of enactment (LL‑1).

Column two ‑ Date of enactment.

Column three ‑ Filing date if local law. Publication date for

other enactments if required.

Column four ‑ Chapter number amended, repealed or added.

Column five ‑ Chapter title (abbreviated).

Column six ‑ Section number amended, repealed or added.

Column seven ‑ Section title (abbreviated).

Column eight ‑ Specify whether added, amended or repealed.

Column nine - Specify Code page affected by enactment.

Column ten ‑ Specify Insta‑Supp page where enactment is

inserted, such as T‑10.

PROCEDURAL GUIDES

CHECK LIST FOR ADOPTION OF LOCAL LAWS*

1. Introduce by a member of the Board of Trustees. Mun HRL § 20(4).

2. Place in final form on desks of each Board member at least seven (7) calendar days, exclusive of Sunday, before passage (or mail to each member at least ten (10) days, exclusive of Sunday before passage). Mun HRL § 20(4).

3. Provide by resolution for public hearing and public notice. Mun HRL § 20(5).

4. Publish notice at least three (3) days before public hearing. Mun HRL § 20(5). [Chapter 99 of this Code.]

5. Hold public hearing before Board of Trustees. Mun HRL § 20(5).

6. Vote by ayes and noes; majority vote of the entire Board required. Mun HRL § 20(1).

7. Enter names of members present and their votes in minutes. Mun HRL § 20(1).

8. If subject to mandatory referendum (Mun HRL § (23(2)), transmit abstract of local law and proposition to Board of Elections.

9. If subject to permissive referendum (Mun HRL § 24(2)) and petition filed by at least ten (10%) per cent of gubernatorial voters within forty‑five (45) days, follow same procedure as in 8 above. Mun HRL § 24.

10. Within twenty (20) days after final adoption, file one certified copy in clerk's office and one (1) with the Secretary of State. Mun HRL § 27(1). [Amd. 1993.]

11. Record and index local law in separate book or books. Mun HRL § 27(6).

12. While this is not a required step, it is recommended that the public notice with affidavit of publication and the letter of the Secretary of State acknowledging receipt and filing be recorded with each local law.

*See next page for additional procedures for Zoning Laws. The Secretary of State insists that all local laws be filed numerically; therefore, it is sometimes better not to assign a number until ready for filing.

ADDITIONAL PROCEDURES FOR ENACTMENT OF ZONING LAWS*

In addition to the usual procedure for the enactment of a local law, special procedures must be followed in order to enact a zoning law.

Add the following steps to the Check List for adoption of Local Laws:

1A. Refer proposed amendment to County Planning Commission. (They have 30 days to disapprove by 2/3 vote after a Public hearing on 7 days notice to Village Clerk. Nassau County Charter § 1608.)

1B. Refer to Town Board of Town of North Hempstead. (They have 30 days to disapprove, same as for County Planning Commission. Nassau County Charter § 1608.)

1C. Comply with SEQR. [In minor amendments, it is probably unnecessary to complete EIS if there are no substantive changes but recommend completing EAF and file same in Clerk's Office.] See 6 NYCRR, Part 617 (DEC's regulations); Chapter 32 of this Code.

3A. Give similar notice to any State Park Commission having jurisdiction of any park or highway within three hundred (300) feet. Nassau County Charter § 1608.

4A. Publish Notice of Public Hearing at least ten days prior to hearing. Vil L § 7-706(1).

6A. For special voting requirements see Vil L § 7‑708(1), where objection is made to enactment.

10A. Enter in minutes (including any map incorporated therein). Vil L § 7‑706(5).

10B. Publish Notice of Adoption by copy, summary or abstract once in the official newspaper (exclusive of any map incorporated therein.) Vil L § 7‑706(5).

10C. Post copy together with summary or abstract of any map incorporated therein at or near main entrance to Village Clerk's Office. Vil L § 7‑706(5).

11A. File affidavits of publication and posting with Village Clerk. Vil L § 7‑706(5).

12A. Zoning Law shall take effect upon filing in the office of the Secretary of State unless personal service is effected. Vil L § 7‑706(7).

12B. File certified copy of Zoning Law including maps and charts with County Clerk. Nassau County Charter § 1609.

* What constitutes "Zoning". Hillside Motel v Tn of Brunswick, 74 Misc2d 1001. Recent Appellate Division cases hold that following Municipal Home Rule Law is sufficient, but we recommend above procedure until Court of Appeals has finally determined the matter.