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Home My WebLink AboutAG-12/14/2021 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER AGENDA FINAL SOUTHOLD TOWN BOARD December 14, 2021 4:30 PM POLICY: At the beginning of scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Tentative Agenda is generally available the Friday before the meeting. The video of the meeting is usually available to watch live during the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed by going to the official Town of Southold website: www.southoldtownny.gov and following either of the following: (1) Move pointer over “Government” on the Town website home page. You will find the title “Town Supervisor/Town Board”. Under this title you will see “Southold Town Board Meetings and Agendas”. or (2) Go to “How Do I”, in the right upper corner of the Town website home page, Choose “Access”, then “Southold Town Board Meetings and Agendas. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. Due to the expiration of the New York State Governor’s Executive Orders regarding the COVID-19 pandemic in-person access to the Public will now be permitted. The meeting will still be accessible via Zoom and streamed live on the Town’s website. The meeting can be viewed live by going to the Town’s website at www.southoldtownny.gov home page. Click on the “Government” tab, once the drop down menu appears, under “Town Supervisor/Town Board”, click on “Southold Town Board Minutes and Agendas” which takes the user to the Town of Southold Meeting Portal page. Once on the Meeting Portal page, click on “June 29, 2021 4:30PM” and then click on “Video”. A recording of the meeting will also air on Channel 22 and will be posted on the Town’s website Southold Town Meeting Agenda - December 14, 2021 Page 2 Instructions and link to attend the meeting will be available on the Town’s website or by calling the Town Clerk’s office at (631)765-1800. A telephone number will also be provided to allow members of the public to attend via telephone. Written comments and/or questions may also be submitted via email to the Town Clerk at elizabeth.neville@town.southold.ny.us and Lynda.rudder@town.southold.ny.us . Said comments and/or questions will be considered at the public hearing provided that they are submitted no later than 12:00 P.M. (Prevailing Time) on the day of the public hearing. Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk and placed upon the Town's website. Please check the meeting Agenda posted on the Town’s website (www.southoldtownny.gov) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. CALL TO ORDER 4:30 PM Meeting called to order on December 14, 2021 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilwoman Sarah E. Nappa    Councilman James Dinizio Jr    Councilwoman Jill Doherty    Councilman Robert Ghosio    Justice Louisa P. Evans    Supervisor Scott A. Russell    I. REPORTS 1. Trustees Monthly Report November 2021 2. Justice Court Monthly Report - November 2021 Judge Powers Judge Ross Judge Evans 3. Zoning Board of Appeals Monthly Report November 2021 4. Town Clerk Monthly Report November 2021 Southold Town Meeting Agenda - December 14, 2021 Page 3 5. Department of Solid Waste Monthly Report July 2021 August 2021 September 2021 October 2021 November 2021 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM - Jack Malley and Jennifer Del Vaglio of the Economic Development Committee Winterfest and Request to Advertise 2. Justice Evans Fishers Island Seagrass Management Coalition Update 3. Councilwoman Nappa Update on Transportation Commission Items 4. Town Attorney Re: Code Amendment Change to Beach Parking Permits 5. Town Attorney Re: Code Amendment Change to Transfer Station Permits 6. The Use of NYSDOT Spec RCA 7. EXECUTIVE SESSION - Labor - Matters Involving the Employment of a Particular Person(S) 10:30 am - Chief Martin Flatley 11:00 am - Kristie Hansen-Hightower, Town Comptroller SPECIAL PRESENTATION Elected Officials Leaving Public Service V. RESOLUTIONS 2021-933 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Southold Town Meeting Agenda - December 14, 2021 Page 4 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated December 14, 2021.  Vote Record - Resolution RES-2021-933 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2021-934 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Organizational and Next Meeting RESOLVED that the Town Board will hold the annual Organizational meeting on Tuesday, January 4, 2022 at 11:00 am and be it further RESOLVED that the Regular Town Board Meeting of the Southold Town Board will be held, Tuesday, January 4, 2022 at 4:30 pm, both meetings to be at the Southold Town Hall, Southold, New York.  Vote Record - Resolution RES-2021-934 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn James Dinizio Jr      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  Southold Town Meeting Agenda - December 14, 2021 Page 5 2021-935 CATEGORY: Refund DEPARTMENT: Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit Mattituck-Cutchogue Athletic 11/16/21 $1,500.00 Booster Club PO Box 1241 Mattituck, N Y 11952  Vote Record - Resolution RES-2021-935 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2021-936 CATEGORY: Refund DEPARTMENT: Town Clerk Various Clean Up Deposits RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2021-889, adopted at the November 16, 2021 regular TownBoard meeting as follows: Southold Town Meeting Agenda - December 14, 2021 Page 6 WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit Mattituck Lions Club 3/12/21 $1,500.00 $250.00 PO Box 595 Mattituck, NY 11952  Vote Record - Resolution RES-2021-936 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-937 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of Andrew Ficurilli RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Andrew Ficurilli from the position of Part Time Court Officer for the Justice Court effective December 3, 2021.  Vote Record - Resolution RES-2021-937 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  James Dinizio Jr     Tabled  Jill Doherty      Withdrawn Southold Town Meeting Agenda - December 14, 2021 Page 7 Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans      Rescinded Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt No Action  Lost  2021-938 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges the Retirement of Lawrence Horn WHEREAS, the Town of Southold has received notification via U.S. Mail on December 7, 2021 from the NYS Retirement System concerning the retirement of Lawrence Horn effective January 1, 2022 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Lawrence Horn from the position of Constable Fishers Island, effective January 1, 2022.  Vote Record - Resolution RES-2021-938  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-939 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2021-187 Southold Town Meeting Agenda - December 14, 2021 Page 8 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2021-187 of the Fishers Island Ferry District adopted December 7, 2021 which reads as follows: THEREFORE, IT IS RESOLVED to increase the wage rates to $15.00 per hour for the following individuals with effect December 31, 2021. ALLEN, Jonathan BARNWELL,Michael BOEHM,Mark CAREY,Quinn DENISON, David EDELMAN,Abigail FERACE,David HURLEY,Kevin KUCSERA, Hunter LEESE,John MUTI, Lucas PATERSON,Lauren SPOHN,Evan SOULOR,Adam SMITH, Russell  Vote Record - Resolution RES-2021-939 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn James Dinizio Jr      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-940 CATEGORY: Advertise DEPARTMENT: Human Resource Center Permission to Fill Current Vacancy and Advertise for PT Mini Bus Driver for Senior Services Programs. Southold Town Meeting Agenda - December 14, 2021 Page 9 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for 2 weeks for the position of part time Mini Bus Driver for the Human Resource Center at the 2022 hourly rate of $19.79 for 17.5 hours per week.  Vote Record - Resolution RES-2021-940  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-941 CATEGORY: Advertise DEPARTMENT: Human Resource Center Advertise for Maintenance Mechanic I for the Residential Repair Program to Fill Existing Vacancy. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for one week for the position of part time Maintenance Mechanic I for the Residential Repair Program for the Human Resource Center at the 2022 hourly rate of $20.37 for up to 17.5 hours weekly.  Vote Record - Resolution RES-2021-941  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  Southold Town Meeting Agenda - December 14, 2021 Page 10 2021-942 CATEGORY: Legal DEPARTMENT: Town Attorney Satisfaction of Mortgage - Taylor RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Satisfaction of Mortgage to Nancy L. Taylor, for the property known as 565 Bayer Road, Mattituck, New York (SCTM No. 1000-139.00-03.00- 014.000), subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2021-942  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-943 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 12/7/21 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated December 7, 2021 meetings, as follows: FIFD Resolution# Regarding 2021 - 184 Budget Mod 2021 - 186 Award  Vote Record - Resolution RES-2021-943 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  James Dinizio Jr     Tabled  Southold Town Meeting Agenda - December 14, 2021 Page 11 Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio      Tax Receiver's Appt Louisa P. Evans      Rescinded  Town Clerk's Appt Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2021-944 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Transportation Commmittee Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints Charles Peck to the position of member of the Transportation Committee for a three (3) year term to expire on March 31, 2024, to serve at no compensation.  Vote Record - Resolution RES-2021-944 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-945 CATEGORY: Organizational DEPARTMENT: Town Attorney Appoint Deputy Town Attorney RESOLVED, that the Town Board of the Town of Southold hereby designates Assistant Town Attorney John J. Burke, Esq. as Deputy Town Attorney to serve as acting Town Attorney in the absence, inability or as directed by, the Town Attorney, and to serve as acting Town Attorney in Southold Town Meeting Agenda - December 14, 2021 Page 12 the case of a vacancy in the Town Attorney position.  Vote Record - Resolution RES-2021-945  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-946 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Full-Time Position of Town Attorney RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for the full-time position of Town Attorney.  Vote Record - Resolution RES-2021-946 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2021-947 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Economic Development Committee Southold Town Meeting Agenda - December 14, 2021 Page 13 RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes from individuals interested in serving on the Economic Development Committee.  Vote Record - Resolution RES-2021-947 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn James Dinizio Jr      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2021-948 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Maria Dondero PT Office Assistant RESOLVED that the Town Board of the Town of Southold hereby appoints Maria Dondero to the position of Part Time Office Assistant for the Town Clerk’s Office, effective December 16, 2021 at a rate of $15.87 per hour.  Vote Record - Resolution RES-2021-948 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost Southold Town Meeting Agenda - December 14, 2021 Page 14 2021-949 CATEGORY: Budget Modification DEPARTMENT: Police Dept 2021 Budget Modification- Police Dept Financial Impact: Increase Police Department budget for donation and forfeiture revenue RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Fund Whole Town budget as follows: Increase Revenues: A.2705.40 Donations, Other $1,000 A.2770.10 Unclassified Revenue, Misc $2,396 Total $3,696 Increase Appropriations: A.3120.4.100.600 Police/Uniforms & Accessories $3,696 Total $3,696  Vote Record - Resolution RES-2021-949 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn James Dinizio Jr      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2021-950 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center 2021 Budget Modification- HRC Financial Impact: Modifying funds to cover repair costs under contracted services RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Fund Whole Town budget as follows: Southold Town Meeting Agenda - December 14, 2021 Page 15 From: Appropriations Programs for the Aging A.6772.1.200.100 Part Time Employees Regular Earnings $900.00 To: Appropriations Programs for the Aging A.6772.4.400.600 Contracted Services Equipment Maintenance & Repair $900.00  Vote Record - Resolution RES-2021-950  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-951 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering Change Order # 1 - CHA Consulting, Inc. - Fishers Island Sidewalk Improvements Engineering Services Financial Impact: There is sufficient existing budget in H.5410.2.400.200 to cover this change order RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #1 to the contract for Engineering Services for the Fishers Island Sidewalk Improvements with CHA Consulting, Inc. in the net amount of $205.07 to cover additional expenses associated with construction inspections, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2021-951 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  James Dinizio Jr      Tabled  Withdrawn Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt  Southold Town Meeting Agenda - December 14, 2021 Page 16 Supt Hgwys Appt  No Action   Lost 2021-952 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2021 Budget Modification- Highway Financial Impact: transfer of funds RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 Highway Fund Part Town budget as follows: From: DB.5110.4.400.300 Drainage Replacements $ 2,450.00 DB.5110.1.100.100 Regular Earnings 15,000.00 TOTAL: $ 17,450.00 TO: DB.5110.4.100.925 Lumber $ 250.00 DB.5110.4.400.600 Other Contracted Services 200.00 DB.5140.1.100.100 Brush & Weeds Regular Earnings 15,000.00 DB.5140.4.100.125 Miscellaneous Supplies 1,250.00 DB.5140.4.100.550 Equipment Parts/Supplies 750.00 TOTAL: $ 17,450.00  Vote Record - Resolution RES-2021-952 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2021-953 Southold Town Meeting Agenda - December 14, 2021 Page 17 CATEGORY: Bid Acceptance DEPARTMENT: Engineering Award Architectural Services for the Recreation Center Bathroom Renovations Financial Impact: CD8660.4.100.104 RESOLVED that the Town Board of the Town of Southold hereby authorizes Scott A. Russell to enter into a professional services contract with L.K. McLean Associates, P.C., for architectural services associated with improvements to the Southold Town Recreation Center Bathrooms, at a cost not to exceed $14,000, all in accordance with the Town Attorney.  Vote Record - Resolution RES-2021-953 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2021-954 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 1/4 4:30 Pm - Chapter 233 Solid Waste WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 14 day of December, 2021, a Local Law entitled “A Local Law in relation to Amendments to Chapter 233, Solid Waste, to revise § 233-4 Fees; issuance and duration of permits and licenses, now therefor 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 4th day of January, 2022 at 4:30 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 233, Solid Waste, to revise § 233-4 Fees; issuance and duration of permits and licenses” reads as follows: Southold Town Meeting Agenda - December 14, 2021 Page 18 LOCAL LAW NO. 2022 A Local Law entitled, “A Local Law in relation to Amendments to Chapter 233, Solid Waste, to revise § 233-4 Fees; issuance and duration of permits and licenses”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to clarify permitting requirements. II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows: Chapter 233 Solid Waste § 233-4 Fees; issuance and duration of permits and licenses. A.(1)(a) A resident disposal permit shall be issued by the Town Clerk or a person designated by her the Town Clerk to all persons who are qualified residents of the Town of Southold. Persons applying for a resident disposal permit shall be requested to sign an application in affidavit form and submit for inspection the following as proof of residence: \[1\] A valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant. \[2\] A valid motor vehicle registration in the name of the applicant and to an address located within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any taxable real property within the Town of Southold affixed to the application. \[3\] Such other proof of residence as is satisfactory to the Town Clerk. (b) The Town Clerk or a person designated by the Town Clerk shall inspect such application proof of residence to determine that the applicant is a qualified resident of the Town. Upon approval of the application proof, a resident disposal permit shall be issued and inscribed with the vehicle license registration number. Such permit shall not be transferred to any other vehicle. (c) Resident disposal permits for motor vehicles shall be permanently affixed to the left side of the front bumper of such vehicle hung from the vehicles rearview mirror while at the Transfer Station. (2)(a) A lessee disposal permit shall be issued by the Town Clerk or a person designated by her the Town Clerk to all persons who lease or rent property within the Town of Southold but do not qualify as residents as defined in § 233-4A(1) hereof. Persons applying for a lessee landfill permit shall present an application in affidavit form, a fully executed lease/rental agreement signed by the lessee and the owner of the property, setting forth: \[1\] The location of the leased or rented property. \[2\] The persons occupying the same. Southold Town Meeting Agenda - December 14, 2021 Page 19 \[3\] The term of such tenancy. \[4\] Copy of current rental permit issued from the Southold Town Building Department or the Village of Greenport Building Department (b) Upon a determination by the Town Clerk or person designated by her the Town Clerk that the applicant is entitled to a lessee disposal permit and upon the payment of the permit fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the vehicle in the same manner as provided in § 233-4A(1)(c) hereof. (3)(a) A guest disposal permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who are qualified residents of the Town of Southold, as defined in § 233-4A(1) hereof, for use by guests temporarily residing in the dwelling of such resident. A resident applying for a guest landfill disposal permit shall present an application in affidavit form, signed by the applicant, setting forth: \[1\] The location of the property to be occupied by the guests. \[2\] The names and permanent addresses of the guests. \[3\] The length of time of the guest occupancy. (b) Upon a determination by the Town Clerk or person designated by her the Town Clerk that the applicant is entitled to a guest disposal permit and upon the payment of the permit fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the vehicle in the same manner as provided in § 233-4A(1)(c) hereof. 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  Vote Record - Resolution RES-2021-954 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  Southold Town Meeting Agenda - December 14, 2021 Page 20 2021-955 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Johnson Electrical Construction Corp Agreement Financial Impact: A.3310.4.400.600 (Signal Maintenance/Repair RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Johnson Electrical Construction Corp. in connection with traffic light repairs and maintenance along County Route 48, at a cost of $800.00 per month plus an additional $600.00 Bi-annual inspection fee, for a one year term, effective January 1, 2022, subject to the approval of the Town Attorney. Funds are available in A.3310.4.400.600 (Signal Maintenance/Repair).  Vote Record - Resolution RES-2021-955 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2021-956 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk PH 1/4 4:30 Pm Chapter 189 Parking WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 14 day of December, 2021, a need for amendments to the beach parking permits within the Town of Southold; WHEREAS, it has been presented a Local Law entitled “A Local Law in relation to an Amendment to Chapter 189, Parking, in connection with Beach Parking Permits” now, therefore, be it Southold Town Meeting Agenda - December 14, 2021 Page 21 RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the th aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 4 day of January, 2022 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 an Amendment to Chapter 189, Parking, in connection with Beach Parking Permits” reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 189, Parking, in connection with Beach Parking Permits”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to clarify Parking Permits within the Town of Southold. II. Chapter 189 of the Code of the Town of Southold is hereby amended to add the following underlined as follows: § 189-2. Designation of Parking Areas Requiring Permits D. A Town parking permit shall be required at all times for parking in the areas designated by Subsections above. E. A Town parking permit shall be required only between May 1 and November 1 of each year in the areas designated by Subsection A. F E. Failure to have or to properly display a Town parking permit shall be a violation of this Code. G. F. The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to 6:00 a.m. in all of the parking areas designated. § 189-3. Parking permits Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article shall be issued as follows: A. Resident parking permit. (1) A resident parking permit shall be issued by the Town Clerk or a person designated by him the Town Clerk to all persons who are qualified residents of the Town of Southold. Persons applying for a resident parking permit shall be requested to sign an application in affidavit form and submit for inspection the following as proof of residence: (a) A valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant. (b) A valid motor vehicle registration in the name of the applicant and Southold Town Meeting Agenda - December 14, 2021 Page 22 to an address located within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any taxable real property within the Town of Southold affixed to the application. (c) Such other proof of residence as is satisfactory to the Town Clerk. (2) The Town Clerk or a person designated by the Town Clerk shall inspect such application proof of residence to determine that the applicant is a qualified resident of the Town. Upon approval of the application, a resident parking permit shall be issued and inscribed with the vehicle license registration number. Such permit shall not be transferred to any other vehicle. (3) Resident parking permits for motor vehicles shall be permanently affixed to the right side of the front bumper of such vehicle be hung from the rearview mirror. B. Lessee parking permit. (1) A lessee parking permit shall be issued by the Town Clerk or a person designated by him the Town Clerk to all persons who lease or rent property within the Town of Southold but do not qualify as residents as defined in § 189-3A hereof. Persons applying for a lessee parking permit shall present an application in affidavit form, signed by the lessee and the owner of the property, a fully executed lease/rental agreement signed by the lessee and the owner of the property, setting forth: \[1\] The location of the leased or rented property. \[2\] The persons occupying the same. \[3\] The term of such tenancy. \[4\] Copy of current rental permit issued from the Southold Town Building Department or the Village of Greenport Building Department (2) Upon a determination by the Town Clerk or person designated by him the Town Clerk that the applicant is entitled to a lessee parking permit and upon the payment of the permit fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the vehicle in the same manner as provided in § 189-3A(3) hereof. C. Hotel-motel parking permits. (1) Hotel-motel parking permits shall be issued by the Town Clerk or a person designated by him the Town Clerk to the owners or their designated managers of hotels, motels, bed and breakfasts, rooming houses or boardinghouses and trailer parks, for use by the paying guests temporarily residing therein. Persons applying for a hotel-motel parking permit shall present an application to the Town Clerk in affidavit form, signed by the applicant, setting forth: D. One-day nonresident permits. (1) One-day nonresident parking permits may be issued for the parking of vehicles on the parking areas at Southold Town Beach, and Norman E. Klipp Marine Park to any person by the attendant on duty at such parking Southold Town Meeting Agenda - December 14, 2021 Page 23 areas or by the Town Clerk. (2) Such permit shall be valid only for the day on which the same is issued. Any permit not fully filled in shall be invalid. (3) The fee for the issuance of a one-day nonresident parking permit shall be such fee as shall be prescribed by resolution of the Southold Town Board. D. E. Guest permits. (1) Guest parking permits shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who are qualified residents of the Town of Southold, as defined in § 189-3A hereof, for use by guests temporarily residing in the dwelling of such resident. A resident applying for a guest parking permit shall present an application in affidavit form, signed by the applicant, setting forth the following: (a) The location of the property to be occupied by the guests. (b) The names and permanent addresses of the guests. (c) The length of time of the guest occupancy. (2) Upon a determination by the Town Clerk or person designated by the Town Clerk that the applicant is entitled to a guest parking permit and upon the payment of the permit fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to displayed in the vehicle in the same manner as provided in § 189-3A(3) hereof. F. Nonresident seasonal beach parking permit. Beach parking permits for nonresidents for the period January 1 through December 31 may be issued by the Town Clerk of the Town of Southold upon application therefor at a sum prescribed by resolution of the Southold Town Board, which annual sum shall be for the vehicle only. G. Trailer permit. (1) A resident trailer permit shall be required for any trailer used to launch a boat at the boat ramp or road end locations set forth in § 189-2B (2) A resident trailer permit shall be required at all times to park a trailer in any of the parking areas designated in § 189-2A, except for Norman E. Klipp Marine Park, which in addition to resident trailer permits shall open for parking of trailers with lessee, and hotel-motel, nonresident seasonal beach and guest trailer permits. (3) A resident trailer permit shall be issued by the Town Clerk or a person designated by him to all persons who are qualified residents of the Town of Southold. Persons applying for a trailer permit shall be required to meet the same requirements set forth in § 189-3A (4) Lessee, and hotel-motel, nonresident seasonal beach and guest trailer permits shall be issued by the Town Clerk or a person designated by him to persons who meet the requirements for lessee, and hotel-motel, nonresident and guest parking permits set forth in § 189-B respectively. (5) A trailer permit shall be hung from the rear view mirror of the tow vehicle affixed to the tongue of the trailer, except for hotel-motel trailer permits which shall be displayed in the tow vehicle. Southold Town Meeting Agenda - December 14, 2021 Page 24 (6) The fee for a trailer permits shall be set from time by time by resolution of the Town Board. H. Resident's temporary ramp/road-end use pass. (1) Notwithstanding the provisions set forth in § 189-3G, Town residents may apply for a resident's temporary ramp/road-end use pass to allow for the launching of a boat at the boat ramp or road-end locations set forth in § 189-2B (2) Persons applying for the resident's temporary ramp/road-end use pass shall be required to meet the same requirements set forth in § 189-3A. A resident applying for a pass shall present an application in affidavit form and submit for inspection: (a) Proof of residency as set forth in § 189-3A (b) A valid New York State registration for the boat to be covered by the resident's temporary ramp/road-end use pass. The boat to be covered by the pass must be registered to the resident applying for the pass. (3) The pass shall contain the resident's name, the New York State registration number for the boat, and the length of the boat and the dates for which the pass is valid. (4) The pass shall be hung from the rear view mirror displayed on the dashboard of the tow vehicle and shall be produced for inspection upon the request of any Town employee or official acting in their official capacity. (5) The pass shall be valid for a fourteen-day period. (6) The fee for a resident's temporary ramp/road permit shall be set from time by time by resolution of the Town Board. I. Commercial boat hauler/launcher permit. Any business engaged in the launching of transporting and/or launching boats shall be required to obtain a commercial boat hauler permit. (1) A commercial boat hauler/launcher permit shall only be issued by the Town Clerk or a person designated by him to an individual or corporate entity engaged in the business of transporting and/or launching boats with a principal place of business located in the Town of Southold. (2) The fee for a commercial boat hauler/launcher permit shall be set from time by time by resolution of the Town Board. E. J. Night fishing parking permit. For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters within the Town of Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.), the following exception to § 189-2G is hereby created: 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. Southold Town Meeting Agenda - December 14, 2021 Page 25 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2021-956  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-957 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2021 Budget Modification: SWMD Financial Impact: Provides funds for 1,000 hr maintenance interval. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 Solid Waste Management District budget as follows: From: SR 8160.4.100.110 Pre-printed Forms $ 350 SR 8160.4.100.120 Employee Work Gear 500 SR 8160.4.400.600 Scale Maintenance 1,200 SR 8160.4.400.824 Clean Paper Recycle Fees 950 Total $3,000 To: SR 8160.4.400.664 Repairs Morbark Grinder $3,000 Total $3,000  Vote Record - Resolution RES-2021-957 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated Sarah E. Nappa      Tabled  James Dinizio Jr     Withdrawn  Southold Town Meeting Agenda - December 14, 2021 Page 26 Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded Louisa P. Evans      Town Clerk's Appt  Supt Hgwys Appt Scott A. Russell     No Action  Lost  2021-958 CATEGORY: Budget Modification DEPARTMENT: Police Dept 2021 Budget Modification- Police Department Financial Impact: Harbes 2021 Traffic Control RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Whole Town Fund budget as follows: Increase Revenues: A.2770.10 Other Revenue, Miscellaneous $5,514 Total $5,514 Increase Appropriations: A.3120.1.100.200 Police/PS/Overtime Earnings $5,514 Total $5,514  Vote Record - Resolution RES-2021-958 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost Southold Town Meeting Agenda - December 14, 2021 Page 27 2021-959 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Kendra Wadlington Senior Justice Court Clerk WHEREAS Suffolk County Department of Civil Service notified the Town of Southold on December 8, 2021 that the position #19-01-0010 was being reclassified to Senior Justice Court Clerk, be it RESOLVED that the Town Board of the Town of Southold hereby appoints Kendra Wadlington to the position of Senior Justice Court Clerk effective January 1, 2022 at a rate of $58,416.81 per year.  Vote Record - Resolution RES-2021-959 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2021-960 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint June Behr PT Food Service Worker RESOLVED that the Town Board of the Town of Southold hereby appoints June Behr to the position of Part Time Food Service Worker for the Human Resource Center, effective December 16, 2021 at a rate of $16.24 per hour.  Vote Record - Resolution RES-2021-960 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa      Defeated James Dinizio Jr      Tabled Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Southold Town Meeting Agenda - December 14, 2021 Page 28 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2021-961 CATEGORY: Budget Modification DEPARTMENT: Accounting 2021 Budget Modification - Town Attorney Financial Impact: Increase budget line for eminent domain legal costs RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $50,000 A.9040.8.000.000 Employee Benefits, Workers Comp 50,000 A.9060.8.000.000 Employee benefits, NYSHIP 50,000 Total $150,000 To: A.1420.4.500.100 Town Attorney, Legal Counsel $150,000 Total $150,000  Vote Record - Resolution RES-2021-961 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2021-962 CATEGORY: Local Law Public Hearing Southold Town Meeting Agenda - December 14, 2021 Page 29 DEPARTMENT: Town Clerk PH 1/4/22 4:30 Pm - Chapter 215 Sewer & Sewage Disposal WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 14 day of December, 2021, a Local Law entitled “A Local Law in relation to Chapter 215 Sewers and Sewage Disposal, now therefor 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 4th day of January, 2022 at 4:30 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 Chapter 215 Sewers and Sewage Disposal” reads as follows: LOCAL LAW NO. 2022 A Local Law entitled, ““A Local Law in relation to Chapter 215 Sewers and Sewage Disposal”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to update Chapter 215. II. Chapter 215 of the Code of the Town of Southold is hereby amended as follows: Chapter 215 Sewers and Sewage Disposal Part 1 Scavenger Wastes Article I General Provisions § 215-1 Title. This Part 1 shall be known and may be cited as the "Southold Scavenger Waste Disposal Law." § 215-2 Definitions. Unless the context indicates otherwise, the following terms shall, for the purpose of this Part 1, have the meanings herein indicated: BOARD - The Southold Town Board, acting for and on behalf of the Southold Wastewater Disposal District. CARTER - Any trucker, hauler or enterprise that is licensed within the District to provide on-site system pumping and other maintenance assistance. CESSPOOL - Any cesspool which essentially operates as a combined septic tank/drain field process. Since the solids remain in one tank, they tend to clog more quickly than septic tanks which have drain field systems. Although these systems were previously in widespread use, they Southold Town Meeting Agenda - December 14, 2021 Page 30 are not acceptable for new construction due to their inefficiencies. DISTRICT - The Southold Wastewater Disposal District. DRAIN FIELD - A tile field consisting of perforated pipes in below-ground trenches, which allow the clarified effluent from the septic tank to percolate to the groundwater (underground water) or a circular below-grade tank with openings constructed in the sidewalls which provide for drainage of the treated liquid. EASEMENT - An interest in land owned by another that entitled its holder to a specific limited use. ON-SITE SYSTEM - Any below-grade cesspool, septic tank and drain field as defined herein for the disposal of sanitary sewage and normal domestic wastes. PERSON - Any person, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations or governmental agencies or subdivisions thereof. SCAVENGER WASTE PRETREATMENT FACILITY - A treatment plant designed to receive septage (scavenger waste) and treat it to levels acceptable for discharge to the Greenport Sewage Treatment Plant for further treatment. SEPTAGE (SCAVENGER WASTE) - The solid and liquid material removed from a cesspool or septic tank during pumping. SEPTIC TANK - Any buried, watertight receptacle designed and constructed to receive wastewater from a home, to separate solids from liquid, to provide limited digestion of organic matter, to store solids and to allow the clarified liquid to leach into the surrounding soils. SEWAGE TREATMENT PLANT - Any arrangement of devices and structures used for treating sewage, exclusive of cesspools, septic tanks and drain fields as described herein. § 215-3 Purpose. The Southold Wastewater Disposal District was established by an order of the Southold Town Board, adopted on February 15, 1983, as amended, by an order of said Board adopted on May 24, 1983, for the purpose of protecting the ground- and surface waters within said District from the disposition of scavenger waste by providing a wastewater pretreatment facility at the site of the sewer treatment plant of the Village of Greenport for the disposal of scavenger waste in the District and providing regulations to protect the health and water quality and to prevent the contamination of the water supply within the District. Article II - Transportation § 215-4 License required. No person shall engage in the removal of scavenger waste from any cesspool or septic tank located within the District who does not possess a currently valid license issued by the Southold Town Clerk. § 215-5 License applications. An applicant for a license as required by § 215-4 hereof shall file a sworn statement with the Town Clerk on the form prescribed stating the name and address of the applicant, and the type, model and capacity (in gallons) of all vehicles to be used. Additionally, such form shall state: "I, being duly sworn, state and depose that I am familiar with the requirements of the Southold Scavenger Waste Law. That I will report the address and exact location of all septic tanks and cesspools pumped by Southold Town Meeting Agenda - December 14, 2021 Page 31 me or by my business within the Southold Wastewater Disposal District as required by § 215-7 of said law and that failure to do so will result in the assessment of a civil penalty of $100 for each violation." § 215-6 License fees. Prior to issuance of the license required by § 215-4 hereof, the Town Clerk shall collect a fee in an amount prescribed by resolution of the Town Board. § 215-7 Pump-out reports. Each carter of scavenger waste, licensed pursuant to this Part 1, shall file a report with the Village of Greenport stating the address and exact location of each cesspool or septic tank pumped, on a form to be supplied by the Town Clerk, prior to disposing of a scavenger waste load. Failure of any carter to file such report shall result in the imposition of a one-hundred- dollar civil penalty for each cesspool or septic tank pumped but not reported as required herein. The report shall have the following information: A. The name and address of the owner. B. The address of the system if different than the owner. C. The date of pump-out. D. The quantity of pump-out. E. The type of waste. F. The signatures of the owner and the hauler. Article III - Construction and Alteration § 215-8 Permit required. No person shall construct, modify, repair or replace any septic tank or cesspool, or any part thereof, located within the Southold Wastewater Disposal District, without obtaining a permit from the Town Clerk within five business days prior to the date work commences. Such permit shall state the exact location and address of the work in the manner and form specified by the Town Clerk. § 215-9 Civil penalty. Failure of any person to obtain such permit shall constitute a violation punishable by a civil penalty of up to $100. § 215-10 Permit fees. The fee charged for such a construction and alteration permit shall be in such amount as shall be, from time to time, prescribed by resolution of the Board. Article IV - Septic Tanks and Cesspools § 215-11 Affected properties. All real property within the Southold Wastewater Disposal District whereon any on-site disposal system, such as a septic tank or cesspool is constructed or operated, whether the same is within or outside the geographical area of the District, shall be subject to the permit requirement herein provided. Southold Town Meeting Agenda - December 14, 2021 Page 32 § 215-12 Operation permit required. Each owner of real property hereafter operating an on-site sewage disposal system, such as a septic tank or cesspool, except as modified by § 215-13 hereof, must, prior to such operation, possess in the name of the owner a current septic tank or cesspool operation permit issued by the Town Clerk. The "owner" is defined to mean a natural person, corporation, the state or any authority or subdivision hereof, the United States or any department or agency thereof and any renter, tenant, lessee or occupant of the premises. § 215-13 Exceptions. Within five years after the effective date of this Part 1, no permit shall be required of any owner, his successors, representatives or assigns, operating such an on-site system, at the date this Part 1 takes effect, provided that such on-site system is not thereafter pumped or other maintenance measures required. At such time as such on-site system requires pumping or other maintenance measures, the owner shall obtain the permit described in § 215-12 above. Subsequent to four years after the effective date of this Part 1, owners of on-site systems within the Southold Wastewater Disposal District must obtain an operating permit. § 215-14 No permit required of tenants. No permit shall be required of any renter, tenant, lessee or occupant, provided that the owner of the premises has a currently valid permit issued in the owner's name or if the owner is excepted pursuant to § 215-13 hereof. § 215-15 Nontransferability of permit. Once a permit has been issued, it may be transferred without charge to subsequent owners by the Town Clerk upon presentation of the deed of conveyance; provided, however, that there is no existing violation as to the operation or other maintenance measures of the system. Article V - Rates and Fees § 215-16 Fees for alteration and construction permits. Fees for permits for new construction, alteration or reconstruction of an on-site system shall be applied to the operating costs of the District. A. The fee for a construction, alteration or reconstruction permit for an on-site system located on premises used exclusively for residential purposes shall be such fee as shall, from time to time, be prescribed by resolution of the Board. B. The fee for a construction, alteration or reconstruction permit for an on-site system, located on premises used in whole or in part for nonresidential purposes shall be such fee as shall, from time to time, be prescribed by resolution of the Board. § 215-17 Fees for operation permit. Fees for operation permits shall be applied to the operating costs of the District. Southold Town Meeting Agenda - December 14, 2021 Page 33 A. The fee for an operation permit for an on-site system, located on premises used exclusively for residential purposes shall be such fee as shall, from time to time, be prescribed by resolution of the Board. B. The fee for an operation permit for an on-site system located on premises used in whole or in part for nonresidential purposes shall be such fee as shall, from time to time, be prescribed by resolution of the Board. § 215-18 Tax rate. The Town Board shall, by resolution, establish the tax rate to cover the cost of debt service of the Southold Scavenger Waste Pretreatment Facility, as well as future capital purchases and administrative costs. Operating and maintenance costs will be collected by user fees as prescribed by § 215-26. Article VI II - Construction Requirements § 215-19 3 Standards. All new construction of septic tanks, cesspool or other on-site systems shall conform to Standards for Sewage and Waste Disposal Systems, as then established by the Suffolk County Department of Health Services. § 215-20 4 Location. All new construction shall be located as prescribed by the Suffolk County Department of Health Services and at a location where pumping can occur without trespassing on lands of another owner, unless an express easement for that purpose over another owner's premises exists. § 215-21 5 Covering. All septic tanks and cesspools shall be covered in a manner that permits inspection as provided herein without removal of grass, dirt or other similar landscaping. Article VII - Inspections and Maintenance § 215-22 Frequency of inspections; responsibility of owner. A. At the end of three years after issuance of an operation permit hereunder, or sooner as conditions may require as determined by the Town, the system shall be inspected by qualified inspectors employed by the Southold Town Board. The Town has the right to waive said inspection. B. In all cases, it shall be the responsibility of the owner to locate and remove the cover of the septic tank or cesspool for inspection by the Town Inspector. Should such owner refuse to locate and remove the cover of said system, the Town has the right to locate and remove Southold Town Meeting Agenda - December 14, 2021 Page 34 the cover of the cesspool or septic tank and bill the owner for all costs incurred. § 215-23 Right of entry; notice. As a condition to obtaining the operation permit required hereunder, the owner shall give his consent, at the time of applying for and obtaining such permit, to such inspectors employed by the Town to enter on the owners premises to make the necessary inspections. The hours of inspection are to be from 9:00 a.m. to 5:00 p.m. on Monday through Friday. Ten days written notice is to be given to the owner that an inspection will be made. In cases where an emergency exists, the Town shall reserve the right to waiver such notice. § 215-24 Civil claims. No civil claim shall lie against the Town for any damages resulting from any inspection as authorized herein. § 215-25 Right to require maintenance. A. Every owner of an operation permit shall have his on-site septic system pumped on a frequency of not less than once every three years. Should such owner refuse to pump said system, the Town has the right to pump said system and bill the owner thereof. B. Notwithstanding the foregoing provisions of this § 215-25, the Town Inspector is authorized to extend the time of pumping an on-site septic system in cases where it is determined that, due to the size, type, location and/or frequency of use of an on-site septic system, such system is not required to be pumped once every three years. C. The Town also has the right to require every owner of an operation permit to repair a malfunctioning on-site system. Should such owner refuse to perform the same, the Town has the right to repair said system and bill the owner therefor. Article VIII Disposal Fees § 215-26 Fee to be set by resolution. The Town Board shall, by resolution, set the fee for the transporting to and disposing of scavenger waste at the Southold Scavenger Waste Pretreatment Facility, at such fee per gallon as shall, from time to time, be prescribed by resolution of the Board. The fee to be paid shall be calculated on full-tank capacity and shall be applied against the operation and maintenance costs of the facility. Article IX Improper Disposal § 215-27 Dumping prohibited. No scavenger waste removed from any cesspool or septic tank within the Southold Wastewater Disposal District shall be dumped or disposed at any location within the Town of Southold Southold Town Meeting Agenda - December 14, 2021 Page 35 except at the Scavenger Waste Pretreatment Facility. Article X Prohibited Wastes § 215-28 Prohibited wastes enumerated. Only sanitary sewage and normal domestic wastes shall be discharged into on-site wastewater disposal systems. The following waste shall not be discharged into the system and shall be considered as prohibited wastes: A. Industrial waste. B. Automobile oil and other noncooking oils. C. Drainage from basement floors, footings or roofs. D. Toxic or hazardous substances and chemicals, including but not limited to pesticides, acids, paints, paint thinner, herbicides, solvents, photographic chemicals and water-softening agents. E. Cesspool cleaning and drain opening products which are prohibited by Article 39 of the New York State Conservation Law, or Suffolk County Local Law No. 12-1980. § 215-29 Discharge. No person shall knowingly discharge prohibited waste at the Southold Scavenger Waste Pretreatment Facility. Article XI Administration and Enforcement § 215-30 Administration and enforcement officer. The Town Board shall appoint a Sanitation Inspector (referred to in this Part 1 as the "Inspector") who shall administer and enforce the provisions of this Part 1. § 215-31 Notice of violation. A. Whenever the Inspector has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this Part 1 or not in compliance with a permit or license issued pursuant to this Part 1, he may notify the owner of the property or the owner's agent or the person performing such operations, or the carter, to suspend all operations, and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premises where Southold Town Meeting Agenda - December 14, 2021 Page 36 operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Inspector may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. E. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Inspector, any permit or license issued to such person pursuant to this Part 1 shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 215-31C to fail to comply with such notice. \[Added 3-22-1988 by L.L. No. 4-1988\] § 215-32 Compliance required; penalties for offenses. \[Amended 3-22-1988 by L.L. No. 4-1988; 1-16-2007 by L.L. No. 3-2007\] A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with a written notice, directive or order of the Inspector or to conduct any operation in a manner not in compliance with a permit issued pursuant to this Part 1. B. For each offense against any of the provisions of this Part 1 or any regulation made pursuant thereto or failure to comply with a written notice or order of the Inspector within the time fixed for compliance therewith, the carter, owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Inspector shall, upon a first conviction thereof, be guilty of an offense punishable by a fine not to exceed $5,000 or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 36 months thereafter, such person shall be guilty of a violation punishable by a fine not to exceed $7,500 dollars or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. C. In addition to the above-provided penalties, the Board may also maintain an Southold Town Meeting Agenda - December 14, 2021 Page 37 action or proceeding in the name of the District, in a court of competent jurisdiction, to compel compliance with or to restrain any injunction the violation of this Part 1. Article XII Costs and Expenses § 215-33 Assessment of costs. All costs and expenses incurred by the District in connection with any proceeding or any work done pursuant to this Part 1 shall be assessed against the land on which such costs and expenses were incurred, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. Article XIII Effective Date § 215-34 When effective. The provisions of this Chapter 215 shall become effective on the first day of the month subsequent to the completion of construction, and the commencement of operations of the District's Scavenger Waste Pretreatment Facility. Part 2 1 Sewer Use Article XIV I Sewer Use § 215-35 1 Purpose. In order to assure the propose disposal of sewage and wastewaters and the proper operation and maintenance of the public sewers, sewage treatment facility and other sewage works within the Fishers Island Sewer District (FISD) and to provide an adequate record of sewers, drains, appurtenances and connections thereto, the following regulations are enacted by the Town Board of the Town of Southold acting for and on behalf of the FISD under the authority of the General Statutes of the State of New York. § 215-36 2 Definitions; word usage. A. Unless the context specifically indicates otherwise, the meaning of terms used herein shall be as follows: ASTM The American Society for Testing and Materials. BOD (denoting "biochemical oxygen demand") The quantity of oxygen utilized in the Southold Town Meeting Agenda - December 14, 2021 Page 38 biochemical oxidation of organic matter under standard laboratory procedure in five days at 200° C. expressed in milligrams per liter (mg/l) by weight. In computing BOD, reference shall be made to the latest edition of Standard Methods for the Examination of Water and Waste Water. CHLORINE DEMAND The amount of chlorine which must be added to water or waste to produce a residual chlorine content of at least 0.1 mg/l after a minimum contact time of 10 minutes. COD (denoting chemical oxygen demand) The quantity of oxygen utilized in the chemical oxidation of organic and inorganic matter under standard laboratory procedure expressed in milligrams per liter (mg/l) by weight. In computing COD, reference shall be made to the latest edition of Standard Methods for the Examination of Water and Waste Water. DEC The New York State Department of Environmental Conservation. DISTRICT Fishers Island Sewer District (FISD). DRAIN LAYER or LICENSED DRAIN LAYER Either an individual, partnership or corporation to whom the Town of Southold has issued a license and the proper agents and representatives to install, alter or repair sewers, sewer connections, house connections, etc., during the period when such license is valid. NATURAL OUTLET Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. NPDES The National Pollutant Discharge Elimination System. PERSON Any individual, firm, company, association, society, corporation or group. pH The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. SEWAGE Wastewater or water-carried wastes from residences, business buildings, institutions and industrial establishments. Sewage shall be further classified as follows: (1) DOMESTIC OR SANITARY SEWAGE The solid and liquid wastes from toilet and lavatory fixtures, kitchens, laundries, bath tubs, shower baths or equivalent plumbing fixtures as discharged from dwellings, business and industrial buildings. (2) INDUSTRIAL SEWAGE OR WASTES Includes the water carried wastes of any industrial process as distinct from domestic or sanitary sewage. All substances carried in industrial wastes, whether dissolved, in suspension, or mechanically carried by water, shall be considered as industrial wastes. At the present, no industrial wastes exist or are anticipated. (3) STORMWATER Includes the runoff or discharge of rain and melted snow or other water from roofs, surfaces of public or private lands or elsewhere. "Stormwater" also shall include "subsoil drainage" as defined herein. (4) SUBSOIL DRAINAGE Includes water from the soil percolating into subsoil drains and through foundation walls, basement floors or underground pipes. (5) COOLING WATER Includes the wastewater from air conditioning, industrial cooling, condensing and hydraulically powered equipment or similar apparatus. (6) GARBAGE Solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. "Properly shredded garbage" shall mean garbage which has been shredded so that no garbage particles will be greater than 1/2 inch in any dimension. SEWAGE TREATMENT PLANT Any arrangement of devices and structures used for treating sewage. Southold Town Meeting Agenda - December 14, 2021 Page 39 SEWAGE WORKS All facilities for collecting, pumping, treating and disposing of sewage or wastewater. SEWER or DRAIN The pipe or conduit, together with manholes and other structures or equipment appurtenant thereto, provided to carry sewage, waste liquids, stormwater or other waters. Sewers shall be further classified as follows: (1) PUBLIC SEWER A trunk, main or lateral sewer up to and including the Y-branch or tee provided for connection thereto, and to which all owners of abutting properties have equal rights, and which is controlled by public authority. The public sewer does not include the building or house sewer or the building lateral after it is connected with a building sewer. (2) SANITARY SEWER A sewer which carries only sanitary sewage and an acceptable discharge of industrial wastes and to which stormwater, subsoil drainage and cooling water are not intentionally admitted. (3) COMBINED SEWER A sewer receiving both stormwater and domestic sewage. (4) STORM SEWER or STORM DRAIN A pipe line carrying stormwater, subsoil drainage, acceptable cooling water or other clean waters, but excluding domestic sewage and industrial wastes. (5) BUILDING DRAIN That part of the lowest horizontal piping of a building drainage system that receives the discharge from the soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall. (6) BUILDING OR HOUSE SEWER The extension from the building drain to the public sewer. (7) BUILDING CONNECTION LATERAL The pipe laid incidental to the original construction of a public sewer from said public sewer up to and including the Y-branch, tee or other connection provided for use thereafter as part of a building connection. SLUGS Any discharge of water, sewage or industrial waste, which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation. SUPERINTENDENT An agent of the FISD. SUSPENDED SOLIDS Solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by filtering as prescribed in Standard Methods for the Examination of Water, Sewage, and Industrial Waste, American Public Health Association. WATERCOURSE A channel in which a flow of water occurs, either continuously or intermittently. B. Word usage. "Shall" is mandatory; "may" is permissive. § 215-37 3 General waste disposal requirements. A. It shall be unlawful for any person to place, deposit or permit to be deposited in any manner upon public or private property within the FISD, or in any area under the jurisdiction of said District, any human or animal excrement, garbage or other objectionable waste. B. It shall be unlawful to discharge to any natural outlet or storm sewer within the Southold Town Meeting Agenda - December 14, 2021 Page 40 FISD, or in any area under the jurisdiction of said District, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Part 2 1 and the applicable state regulations. C. The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, situated within the FISD and abutting on any street, alley or right-of-way, on which there is now located or may in the future be located a public sanitary or combined sewer of the District may, at the option of the District and at the owner's expense, be required to install a building sewer to connect their building drain to the public sewer in accordance with the provisions of this regulation, within 90 days after date of official notice to do so. D. It shall be unlawful for any person to construct or repair any privy, privy vault, septic tank, cesspool or other facility intended for the disposal of sewage if public sewers are available. E. Where a public sanitary or combined sewer is not available, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section. (1) Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the FISD which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Superintendent. (2) A permit for a private sewage disposal shall not become effective until the installation is completed to the satisfaction of the Superintendent. He shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection and before any underground portions are covered. (3) The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of New York. No permit shall be issued for any private sewage disposal system employing subsurface soil-absorption facilities unless the following conditions are met: (a) The realty subdivision or development is located outside of Groundwater Management Zones III or VI, and all parcels in the realty subdivision or development consist of an area at least 20,000 square feet; or in the case of a clustered realty subdivision or development, the population density equivalent is equal to or less than that of a realty subdivision or development of single-family residences in which all parcels consist of an area of at least 20,000 square feet. (b) The realty subdivision or development is located within groundwater Management Zones III or VI, and all parcels in the realty subdivision or development consist of an area of at least 40,000 square feet; or in the case of a clustered realty subdivision Southold Town Meeting Agenda - December 14, 2021 Page 41 or development, the population density equivalent is equal to or less than that of a realty subdivision or development of single- family residences in which all parcels consist of an area of at least 40,000 square feet. (c) The realty subdivision or development or any portion thereof, is not located within an existing sewer district and is located in an area where subsoil and groundwater conditions are conducive to the proper functioning of individual sewage systems. (d) The individual sewage works comply with the Department's current standards and the minimum state requirements as set forth in NYCRR, Part 75, to the extent applicable to Suffolk County. (e) The Suffolk County Water Facilities Requirements are complied with. (4) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 215-37E 3E above, the building sewer shall be connected to the public sewer in compliance with § 215-37C 3C, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with clean bank run gravel, dirt or any other suitable material as approved by the FISD. (5) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at the owner(s) expense. (6) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer. § 215-38 4 General discharge prohibitions. A. No person shall discharge into any public sewer of the FISD any waste, substance or waters other than such kinds or types of waters or water-carried wastes for the conveyance of which the particular public sewer is intended, designed or provided. B. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, air-conditioning and refrigerating wastewaters or unpolluted industrial process waters to any sanitary sewer. C. Industrial cooling water or unpolluted process waters or stormwater and all other unpolluted drainage may not be discharged to sanitary sewers. D. No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas. (2) Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, to constitute a hazard to humans or animals, to create a public nuisance or to create any hazard in the receiving waters of the wastewater treatment plant. (3) Any waters or wastes having a pH lower than 6.5 or in excess of 9.0, or Southold Town Meeting Agenda - December 14, 2021 Page 42 having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works. (4) Any waters or wastes containing heat in such quantities as to cause influent temperature at the treatment facility to exceed 104° F. (40° C.). (5) Solid or highly viscous substances in quantities of or such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (6) Any substances which may cause the wastewater treatment facility's effluent or any other produce of the wastewater facility such as residues, sludges or scums to be unsuitable for reclamation process where the wastewater facility is pursuing a reuse and reclamation program. In no case, shall a substance discharged to the wastewater facility cause the facility to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Clean Water Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Resource Conservation and Recovery Act, the Clean Air Act or the Toxic Substances Control Act; or state criteria applicable to the sludge management method being used. (7) Any liquids, solids or gases which, by reason of their nature or quantity, are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the wastewater treatment facility or to the operation of the wastewater treatment facility. At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the sewage collection system (or at any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. E. The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving water or will not otherwise endanger lives, limb or public property, or constitute a nuisance. The FISD, acting upon the recommendation of technical advisors, may set limitations lower than the limitations established in the regulations below, if in their opinion, such more severe limitations are necessary to meet the above objectives. In forming their opinion as to the acceptability, the Water Pollution Control Authority will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant and other pertinent factors. The limitations of restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Water Pollution Control Southold Town Meeting Agenda - December 14, 2021 Page 43 Authority are as follows: (1) Wastewater having a temperature higher than 150° F. (65° C.). (2) Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become highly viscous at temperatures between 32° and 150° F. (0° and 65° C.). (3) Wastewater from industrial plants containing floatable oils, fat or grease. (4) Any garbage that has not been properly shredded. (5) Any water or wastes having a concentration of any of the following pollutants in excess of the following limits: Pollutant Concentration in Parts Per Million (mg/l) Arsenic as As 0.05 Barium as Ba 5.00 Boron as Bo 5.00 Cyanides as CN (amenable) 0.10 Flourides as F 20.00 Chromium (Total) 1.00 Chromium (Cr + 6) 0.10 Magnesium as MG 100.00 Manganese as Mn 5.00 Copper as Cu 1.00 Zinc as Zn 1.00 Cadmium 0.10 Lead 0.10 Tin 2.00 Silver 0.10 Mercury 0.01 Nickel 1.00 NOTE: All metals are to be measured as total metals. (6) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances: or wastes exerting an excessive chlorine requirement to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the FISD for such materials. (7) Any waters or wastes containing odor-producing substances exceeding limits which may be established by the FISD. (8) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the FISD in compliance with applicable state or federal regulations. (9) Materials which exert or cause: (a) Unusual concentrations of inert suspended solids, such as but not limited to, fuller's earth, lime slurries and lime residues, or of dissolved solids, such as but not limited to, sodium chloride and Southold Town Meeting Agenda - December 14, 2021 Page 44 sodium sulfate. (b) Excessive discoloration, such as but not limited to dye wastes and vegetable tanning solutions. (c) Unusual BOD, COD or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. (d) Unusual volume of flow or concentration of wastes constituting slugs as defined herein. All slug discharges, despite their severity, will be reported to the FISD prior to the time of discharge. (e) Any other wastes deemed unacceptable by the FISD. (10) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment process employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters. (11) Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes or which may cause the effluent limitations of the NPDES discharge permit to be exceeded. F. Restriction of deleterious waste flows: (1) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substance or possess the characteristics enumerated in § 215-38E 4E of this Part 2 1, and/or which, in the judgment of the Water Pollution Control Authority, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the FISD may: (a) Reject the wastes; (b) Require pretreatment to an acceptable condition for discharge to the public sewers; (c) Require control over the quantities and rates of discharge; and/or (d) Require payment to cover the added cost of handling and treating the wastes. (2) If the FISD and DEC allows the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Water Pollution Control Authority and DEC and subject to the requirements of all applicable codes, ordinances and laws. G. Grease, oil and sand interceptors shall be provided when, the opinion of the FISD, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the FISD and shall be located as to be readily and easily accessible for cleaning and inspection. Southold Town Meeting Agenda - December 14, 2021 Page 45 H. Where pretreatment of flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense. I. When required by the DEC or the FISD, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structure, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the FISD. The structure shall be installed by the owner(s) at his expense and shall be maintained by him so as to be safe, accessible and in satisfactory operation at all times. J. The FISD may require a user of sewer services to provide information needed to determine compliance with this Part 2 1. These requirements may include but are not limited to: (1) Wastewater discharge peak rate and volume over a specified time period. (2) Periodic chemical analyses of wastewaters. (3) Information on raw materials, processes and products affecting wastewater volume and quality. (4) Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control. (5) A plot plan of sewers of the users property showing sewer and pretreatment facilities location. (6) Details of wastewater pretreatment facilities. (7) Details of systems to prevent and control the losses of materials through spills to the municipal sewer. (8) Provide certification that the user is not discharging contaminated water such as stormwater, groundwater or subsurface drainage to the sanitary sewer system and that the piping system to convey such waters is completely separate from the sanitary sewer system. K. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Part 2 1 shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the Superintendent. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls whereas pH's are determined from periodic grab samples. L. The admission in the public sewer of any waters or wastes having a five-day BOD greater than 300 milligrams per liter by weight, or containing more than 350 milligrams per liter by weight of suspended solids, or containing any quantity of Southold Town Meeting Agenda - December 14, 2021 Page 46 substance having the characteristics described in § 215-38D 4D or having a chlorine demand of more than 15 milligrams per liter by weight or having an average daily flow greater than 10% of the average daily sewage flow of the District, shall be subject to the review and approval of the FISD. Where necessary in the opinion of the FISD, the owner(s) shall provide, at his expense, such preliminary treatment as may be necessary to reduce the BOD to 300 milligrams per liter by weight, the suspended solids to 350 milligrams per liter by weight, and the chlorine demand to 15 milligrams per liter by weight, or to reduce objectionable characteristics or constituents to within the maximum limits provided for in § 215-38D 4D or to control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the FISD and of any or all state regulatory agencies having jurisdiction, and no construction of such facilities shall be commenced until said approvals are obtained in writing. M. Determination of exclusion of wastes. In determining whether any waste discharged or proposed to be discharged into any public sewer is to be excluded, consideration will be given to the quantity, time or times, rate and manner of discharge, dilution and character of the waste in question, the size of the sewer into which the waste is to be discharged, the probable quantity of sewage or other wastes likely in said sewer and other pertinent facts. Minute quantities of a waste which would be objectionable in larger quantities may be accepted if sufficiently diluted when and as discharged, or if the quantity discharged is small as compared with the flow in the receiving sewer; but any permission to discharge minute quantities of an otherwise excluded waste shall be revocable at any time by the Superintendent. N. Pretreatment facilities. At all premises where wastes or substances specified to be excluded from public sewers by these regulations are present and liable to be discharged directly or indirectly into said sewers, suitable and sufficient piping layouts, oil, grease, sand and flammable waste traps or separators, screens, settling tanks, diluting devices, storage or regulating chambers, treatment, cooling or other equipment and devices shall be provided. These shall be maintained and properly operated by the owner(s) of the premises or his agent at his expense to ensure that no waste or substance is discharged in violation of the requirements of these regulations. O. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Sewage. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. P. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Part 2 1. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner(s) or user's own cost and expense. The Commissioner of DEC may Southold Town Meeting Agenda - December 14, 2021 Page 47 require that plans showing facilities and operating procedures be submitted for review and approval prior to construction of the facilities. (1) Within five days following an accidental discharge, the user shall submit to the Director and Commissioner of DEC a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expenses, loss, damage or other liability which may be incurred as a result of damage to the wastewater treatment facility, fish kills, aquatic plants or any other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this Part 2 1 or other applicable law. (2) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees are advised of the emergency notification procedure. § 215-39 5 Discharges from private systems. No person shall discharge or cause to be discharged into any public sewer, either directly or indirectly, any overflow or effluent from a septic tank, cesspool, subsurface drainage trench, bed or filter or other receptacle storing organic waste. § 215-40 6 Permit required to work on public sewers; tampering prohibited; penalties. A. Connections to, alterations to or repairs to any public sewer or the manholes or other appurtenances of said sewer system in the FISD shall not be made by any person without a permit issued by the Superintendent. B. No unauthorized person shall open the cover of, enter or alter any manhole or other appurtenance of any public sewer, place or insert in any public sewer or its appurtenances any foreign material which said sewer or its appurtenances was not intended to receive nor shall any person damage, destroy, uncover, deface or tamper in any way with any public sewer or its appurtenances. Any person violating this provision of this Part 2 1 shall be subject to arrest under a charge of disorderly conduct. § 215-41 7 Building sewer permits; fees. A. Application and fees. (1) There shall be building permits for sewers for residential and commercial service. The owner(s) or his agent shall make application on a special form furnished by the District. (2) The application shall state the location and character of the work to be performed, the person granted permission to perform such work, the time limit for completion of the work, the general character of the wastes which are or may be discharged into the sewer in question and any other pertinent information or conditions. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. A permit and inspection Southold Town Meeting Agenda - December 14, 2021 Page 48 fee of $200 for one- and two-family dwellings, $200 each for first two dwellings and $150 each additional dwelling unit for multifamily dwellings and $1,000 per acre of developed land or fraction thereof for institutional type buildings, such as schools, churches, etc., and for retail and commercial property shall be paid to the FISD at the time the application is filed. (3) In those cases where a sewer connection charge has been levied or will be levied, the charge for permit and inspection fee of $200 for one- and two-family dwellings shall be waived. B. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner(s). All building sewers shall be maintained by the owner(s) of the property served. When a building connection lateral has been connected with a building sewer, the lateral shall become and thereafter be a part of such building connection and shall be maintained at the expense of the owner(s) of the property. C. No person, other than those working for and under the direction of the Superintendent shall excavate, construct, install, lay, repair, alter or remove any building or house sewer, or any appurtenance thereof, within the FISD, if such sewer is connected or discharged or is intended at some future time to be connected or discharged, directly or indirectly, into any public sewer of said District, until said person has a permit secured by the owner(s) (or his agent) of the property in question for doing such work, and further provided that said person has been granted a license to perform said work by the State of New York under the stipulations and requirements of § 215-42 8 of this Part 2 1. D. Any permit may be suspended or terminated by the FISD on written notice to the permittee for violation of the conditions thereof or for any violation of the requirements of this Part 2 1 or for other reasons in the public interest. § 215-42 8 Persons authorized to work on sewers; licensed drain layers. A. Only the following person or persons shall construct, repair, alter or remove building sewers or make connections therefrom to a public sewer: (1) Regular forces of or a contractor employed by the FISD. (2) Regular forces of any public utility corporation while engaged in work incidental to the regular structures of said utility company and operating under a permit issued by the FISD. (3) Any person who shall have been licensed by the State of New York to perform work of this type during the period provided by the license and under the conditions of the license. Such persons shall be called "licensed drain layers," as defined in § 215-36A 2A. All drains and fixtures within structures shall be connected by plumbers and others in conformity with the requirements of this Part 2 1 as to what may or what shall not be discharged into public sewers. B. Any person licensed as a drain layer shall give personal attention to the work performed and shall employ only competent persons, who are familiar with this Part 2 1. Southold Town Meeting Agenda - December 14, 2021 Page 49 C. Each licensed drain layer shall file with the FISD a performance and guaranty bond, which shall remain in full force for at least 12 months from the date of application for a permit as provided in § 215-41 7, in the amount of not less than $5,000 in form and with surety satisfactory to the FISD. The applicant shall indemnify the Town of Southold for any negligence or omission of the applicant or his agents while operating under the license applied for; that the applicant shall reimburse the FISD for any expense to said FISD arising from any injury or damage to any sewer or other property of said Town or by reason of any violation by the applicant or his agents of any requirement of this Part 2 1; that the applicant shall faithfully execute all work required under the license as granted; that the applicant shall restore that portion of any street or public place in which the applicant may have made an excavation incidental to his work to as good a condition as it was prior to said work and also shall maintain said street or public place in like good condition to the satisfaction of said municipality for a period of six months after said restoration; that the applicant shall reimburse the FISD or the Town of Southold for the expense of repairs to any street or public place made necessary by reason of any excavation made by the applicant; and that the applicant shall comply with all rules, regulations, laws, ordinances, etc., relative to work in public streets and public places. D. Each licensed drain layer shall file with the FISD a certificate or certification of public liability and property damage insurance, which shall remain in full force for at least 12 months from the date of application for permit as provided in § 215-41 7, in an amount of not less than $100,000 for injuries, including accidental death, to any one person and subject to the same limit for each person, in an amount not less than $500,000 on account of any one accident and property damage insurance in an amount not less than $10,000. The District shall be included as an assured or, in lieu thereof, the drain layer shall file with the Superintendent an owner's protective liability and property damage insurance policy in the same limits as aforementioned. Each insurance certificate and policy shall contain a statement by the insurance carrier not to cancel the policy or policies except upon 15 days' notice to the representative. E. Each licensed drain layer shall file with the FISD a certificate of policy covering workmen's compensation insurance, which shall remain in force for at least 12 months from the date of application, for a permit as provided in § 215-41 7. § 215-43 9 Standards for building sewers. The following requirements of this section shall apply to any person licensed to do sewer work and who has a building or house sewer permit to do such sewer work as provided in §§ 215-41 7 and 215-42 8 of this Part 2 1. A. Old building sewers may be used and connected to a public sewer when serving new buildings only when they are found on examination or test by the Town Engineer to meet all requirements of this section. The Town Engineer may require, where indicated, the uncovering of old sewers for inspection. B. A separate and independent building sewer shall be provided for every building, Southold Town Meeting Agenda - December 14, 2021 Page 50 except that, when two or more buildings are so situated that separate and independent building sewers for each building would be impractical or impose unnecessary hardship, the FISD may authorize a single building sewer connection to the public sewer subject to such terms and conditions as to easement, design and construction as the Town Engineer may require. C. No building shall be connected to a public sewer unless the plumbing system of said building has a soil vent pipe extended to a point above the roof. The FISD may require that no running trap, main house trap or other device which might prevent the free flow of air throughout the whole course of the building sewer, house drain and said soil vent pipe, will be allowed. D. The building sewer shall be cast-iron soil pipe, vitrified clay sewer pipe, polyvinyl chloride pipe or other suitable material approved by the FISD. All pipe materials shall conform to the latest standard specifications of the ASTM as approved by the FISD. Any part of the building sewer that is located within 10 feet of a water service pipe shall be constructed of cast-iron soil pipe. Wherever possible, water service and house sewer pipes shall be laid in separate trenches. Where laid in the same trench, the water pipe shall be laid on a bench at least 12 inches above the top of the sewer pipe and at least 12 inches, and preferably 18 inches, from the side of the sewer trench. Cast-iron pipe may be required where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the building sewer shall be of cast-iron soil pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the FISD. No building sewer shall be located within 25 feet of a cellar drain or groundwater drain unless pipe is of cast-iron. E. The size and slope of the building sewer shall be subject to the approval of the FISD, but in no event shall the diameter be less than six inches. The slope of such six-inch pipe shall be not less than 1/4 inch per foot. F. In all buildings where the building drain is too low to permit gravity flow to the public sewer, sewage or other wastewaters carried by such drain shall be lifted by approved artificial means and discharged to the building sewer through a cast-iron force main. All building drains, whether force mains or gravity lines, shall be of cast-iron soil pipe from the inner face of the building wall to the point of connection with the building or house sewer, and all joints, including that with the building sewer, shall be made gastight and watertight by a method approved by the Town Engineer. G. Excavations and laying of building sewers. (1) All excavations required for the installation of building sewer shall be open trench work unless otherwise approved by the Town Engineer. Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall which might thereby be weakened. The depth of the building sewer shall be sufficient to afford protection from frost and in general such depth shall not be less than three feet below the finished ground surface at all points. All building sewers shall be laid at uniform grade and in straight alignment insofar as possible. Southold Town Meeting Agenda - December 14, 2021 Page 51 (2) Building sewers shall be laid in the following manner: Gravel bedding material will be required below all pipe and all utility structures. Gravel bedding shall be placed to the full width of the trench and to a depth of six inches below the bottom of the pipe invert. Gravel bedding shall be placed 12 inches beyond the widths of a utility structure foundation (base) and to a depth of six inches from the bottom of the excavation to the bottom of the foundation (base). After a pipe is bedded the trench shall be filled to the center line of the pipe with gravel bedding except at the joint. After the joint is inspected, that portion around the pipe shall be carefully and thoroughly tamped. From the center line of the pipe to a point 12 inches above the top of the pipe, the backfill shall be sand, placed by hand and hand tamped. Above this point, backfill shall be suitable material from excavation or bank-run gravel. This backfill shall be placed in layers eight inches deep and each layer shall be compacted with mechanical tampers to not less than 95% of maximum dry density. (3) Building sewers shall be located at a sufficient distance from other parallel pipes to permit alterations or repairs to any such pipes or the sewer pipe without disturbing the other; they shall be well cleaned inside after laying; and they shall conform to all reasonable requirements for good constructions. (4) The open ends of building sewers, building drains and building connection laterals shall be kept closed or protected during construction and during periods when work is suspended in order to exclude from the public sewer all water or debris which might obstruct, damage or otherwise be detrimental to the public sewer or sewage works. Abandoned building sewers or drains shall be likewise promptly closed and sealed off from any public sewer at the expense of the owner of the property. H. All joints and connections for or between building sewers, building drains and building connection laterals shall be made gastight and watertight as follows: (1) Cast-iron, vitrified-clay sewer pipe, polyvinyl chloride pipe or other suitable material approved by the FISD shall be gasketed and equipped with tyton or mechanical joints. The pipe and joints shall conform to all applicable ASA and ASTM specifications. No paint, varnish or other coatings shall be permitted on any joint until after the joint has been tested and approved. (2) Air testing. (a) The District shall require the use of low-pressure air testing of gravity sewers to ensure that the joints are gastight and watertight. The sewer line under test shall be plugged at both ends. The air hose shall be connected to a tapped plug to be used for air inlet to the line. The hose will be connected to portable air control equipment which must include a shut-off valve, pressure-regulating valve, pressure-reduction valve and a monitoring pressure gauge with range from zero to five pounds per square inch. Air shall be introduced from the air source Southold Town Meeting Agenda - December 14, 2021 Page 52 through the control equipment to the pipeline. (b) Air shall be slowly supplied to the test section, until a constant pressure of 3.5 pounds per square inch gauge is maintained. The air pressure shall be regulated to prevent the pressure inside the pipe from exceeding 5.0 pounds per square inch gauge. When constant pressure of 3.5 pounds per square inch gauge is reached, the air supply shall be throttled to maintain the internal pressure above 3.0 pounds per square inch gauge and shut off or disconnected from the air supply. The gauge shall be observed until the air pressure reaches 3.0 pounds per square inch gauge. At 3.0 pounds per square inch gauge, the pressure drop shall be timed with a stop watch until the pressure drops to 2.5 pounds per square inch gauge. The time required for this zero-and-five-tenth-pound-per-square-inch-gauge pressure drop shall be recorded and compared to the following tabulation. (c) Time requirements. \[1\] If the time for the zero-and-five-tenth-pound-per-square - inch-gauge drop is less than that shown, the section will be considered to have failed, and the source of leakage must be located, repaired and the section retested. Time Requirements for Air Testing Pipe Size (inches) Time (minutes) 8 or less 5:06 10 6:22 12 7:39 14 9:35 \[2\] Where groundwater level is about the invert of the sewer line, the air test pressure must be increased 0.43 pounds per square inch for each foot the groundwater level is above the invert of the pipe, and the resulting pressure computed will be used for the starting pressure. The allowable drop (0.5 pounds per square inch gauge) and the time requirements will not change. \[3\] All joints in vitrified clay pipe, polyvinyl chloride pipe or other approved pipe or between such pipes shall be made with rubber or similar gaskets. Hot poured jointing materials or cement mortar shall not be approved. Pipe and joints shall conform to all applicable ASTM specifications. \[4\] Any jointing materials, other than those described in Subsection H(1), (2) and (3) may be used only upon approval by the Town Engineer. \[5\] The connection of the building sewer into the public sewer shall be made at the Y-branch if such branch is available at Southold Town Meeting Agenda - December 14, 2021 Page 53 a suitable location. If the public sewer is 12 inches in diameter or less, and no properly located Y-branch is available, the owner(s) shall at his expense install a Y- branch in the public sewer at the location specified by the Town Engineer. Where the public sewer is greater than 12 inches in diameter, and no properly located Y-branch is available, a neat hole may be cut into the public sewer to receive the building sewer, with entry in the downstream direction at an angle of about 45°. A forty-five-degree L may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. Where street sewers are of asbestos-cement sewer pipe, the connection may be made with a cast-iron saddle in the event that no fitting is available on the street sewer. The invert of the building sewer at the point of connection to twelve-inch diameter sewers or larger shall be connected to either match the center lines of such street sewers or be higher. A smooth neat joint shall be made, and the connection made secure and watertight by encasement in concrete. Special fittings may be used on the connection only when approved by the District. I. When the building sewer trench has been excavated, and the building sewer repaired, altered or constructed, and is ready for inspection and connection to the public sewer, the Town Engineer shall be notified during regular working hours not less than eight hours in advance of the time when the connection to the public sewer is planned. The connection of the building sewer to the public sewer shall be made under the supervision of the FISD, and a record of all said connections shall be kept by the District. If any person constructs, installs, alters or repairs any building sewer or drain connecting with a public sewer in the District in violation of any section of this Part 2 1 or fails to give adequate notice to the Town Engineer for an inspection of the work, said Town Engineer may order all or any portion of said work to be uncovered for inspection and approval. J. All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. K. If any person, after proper order or direction from the District fails to remedy any violation of this section or of any other section of these regulations, the Town Engineer may disconnect the building sewer of the property where the violation exists from the public sewer and may collect the cost of making such disconnection from any person or persons responsible for, or willfully concerned in, or who profited by such violation of the requirements of these regulations. § 215-44 10 Powers and authority of inspectors. A. The Superintendent and any duly authorized employees of the District, the Environmental Protection Agency and/or the DEC bearing proper credentials and identification shall be permitted to enter all properties for the purpose of Southold Town Meeting Agenda - December 14, 2021 Page 54 inspection, observation, measurement, sampling and testing in accordance with the provisions of this Part 2 1. The Superintendent or his representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point that has a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. B. While performing the necessary work on private properties referred to in § 215-44A 10A above, the Superintendent or duly authorized employees of the District shall observe all safety rules applicable to the premises established by the owner(s) and the owner(s) shall be held harmless for injury or death to the District employees and against liability claims and demands for personal injury or property damage asserted against the owner(s) and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner(s) to maintain safe conditions as required in § 215-38I. 4I. C. All duly authorized employees and/or representatives of the District bearing proper credentials and identification shall be permitted to enter all private properties through which the District holds a duly negotiated easement for the purposes of, but not limited to inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. § 215-45 11 Penalties for offenses; disconnection. A. Any person found to be violating any provision of this Part 2 1 except § 215-40 6 shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. B. Any person who shall violate any provision of this Part 2 1 shall be guilty of an offense punishable by a fine not to exceed $5,000 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each day that any violation of this Part 2 1 continues and each day that any person continues to discharge prohibited wastes or substances into any public sewer shall be deemed to be a separate and additional offense. C. Any person who fails to cease and desist violation of this Part 2 1 upon notification thereof may, after the period of time stated in the notice for correction thereof, be disconnected from the public sewer system. Notice of disconnection shall be served by the District not less than 10 days prior to the actual disconnection. § 215-46 12 Discretionary monitoring of effluents. The District may require as a condition to the connection and/or continued use of the District's sewer facilities that flow-metering, pH-monitoring and suitable effluent-sampling stations be provided at the owner'(s) expense by industry connected to the District sewer system as required Southold Town Meeting Agenda - December 14, 2021 Page 55 by prudent engineering standards. § 215-47 13 Severability. If any section, clause, sentence or provision of this Part 2 1 be adjudged invalid or unenforceable, such adjudications shall not affect the validity of any other provision hereof, but all other provisions shall be deemed valid and effective and shall remain in full force and effect. Part 3 2 Sewer Rents and Charges Article XV II Sewer Rents and Charges § 215-48 14 Purpose. Pursuant to the provisions of Article 14-F of the General Municipal Law, the Town Board, acting for and on behalf of the Fishers Island Sewer District (FISD), does hereby establish a scale of annual charged to be called "sewer rents" for the use of the sewer system within the FISD. § 215-49 15 Rents; penalty for late payment. A. In addition to any and all other fees and charges provided by law, the owner of a parcel of land served by the sanitary sewer system of the FISD shall pay an annual sewer rent for the use of such sanitary sewer system, which shall be based upon an annual charge of $450 for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in semiannual installments of $225 on the first day of January and June of each year. B. If such sewer rents are not paid within 30 days of the due date, a penalty of 5% shall be paid. § 215-50 16 Liens. Sewer rents shall constitute a lien upon the real property served by the sewer system or such part or parts thereof for which sewer rents shall have been established or imposed. The lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment or other lawful charge imposed by or for the state or a political subdivision or district thereof. § 215-51 17 Actions to collect rents. The Town Board, on behalf of the sewer district, may bring and maintain an action as upon contract for sewer rents in arrears, including penalties and interest, or to foreclose liens for such sewer rents. As an alternative to the maintenance of any such action, the Town Board may annually cause a statement to be prepared setting forth the amount of each lien for sewer rents in arrears, the real property affected thereby and the name of the person in whose name such real property is assessed. Such statement shall be presented to the board or body empowered to levy Town taxes on or before a date to be specified by such board or body. Such board or body shall levy the amounts contained in such statement against the real property liable at the same time and in the same manner as Town taxes, and such amounts shall be set forth in a separate column in the annual tax rolls. The amounts so levied shall be collected and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of Town taxes. Southold Town Meeting Agenda - December 14, 2021 Page 56 § 215-52 18 Sewer rent fund. A. Revenues derived from sewer rents, including penalties and interest, shall be credited to a special fund to be known as the "sewer rent fund." Moneys in such fund shall be used in the following order: (1) For the payment of the costs of operation, maintenance and repair of the sewer system or such part or parts thereof for which sewer rents have been established and imposed. (2) For the payment of the interest on and amortization of or payment of indebtedness which has been or shall be incurred for the construction of the sewer system or such part or parts thereof for which sewer rents have been established and imposed (other than indebtedness, and the interest thereon, which is to be paid in the first instance from assessments upon benefited real property). (3) For the construction of sewage treatment and disposal works with necessary appurtenances, including pumping stations, or for the extension, enlargement or replacement of or additions to such sewer systems or part or parts thereof. B. Such revenues from sewer rents shall not be used to finance the cost of any extension of any part of a sewer system (other than any sewage treatment and disposal works with necessary appurtenances, including pumping stations) to serve unsewered areas if such part has been constructed wholly or partly at the expense of real property especially benefited, or for the payment of the interest on and the amortization of indebtedness which is to be paid in the first instance from assessments upon benefited real property.  Vote Record - Resolution RES-2021-962 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2021-963 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Water Supply Map Amendment Southold Town Meeting Agenda - December 14, 2021 Page 57 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 30 day of November, 2021, a Local Law entitled “A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Red Fox Road in Mattituck” and WHEREAS 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 to Amend the Town of Southold Water Supply Plan Map to a Portion of Red Fox Road in Mattituck” reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, “A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Red Fox Road in Mattituck”. BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Legislative Intent. This Local Law proposes to amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main across the Central Drive Spur toward 950 Red Fox Road, Mattituck SCTM# 1000-106.00-01.00-023.001. Historically, the Water Supply Plan Map reflects the physical changes in the water supply network since 2000. The property owner, Jennifer Leuba, has represented to the Town that the groundwater quality at this property is inadequate and poses a significant concern that requires the extension of public water to the property. The extension of the transmission main is intended to supply the Leuba property and is not intended to result in additional pressure in the area. Section 2. Enactment. Based on the goals of the Suffolk County Water Authority and Suffolk County Department of Health Services to provide safe drinking water to the Leuba property, and upon our consideration of the recommendations of the Town Planning Department, and the public comments taken at the public hearing, we hereby amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to 120 Old Main Road, Mattituck. Section 3. The Southold Water Supply Plan Map as adopted by Resolution No. 31 on June 20, 2000 by the Town Board, and most recently amended by Resolution No. 2010-478, is hereby amended to reflect the extension of a water transmission main to 950 Red Fox Road, Mattituck. Section 4. 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 Southold Town Meeting Agenda - December 14, 2021 Page 58 as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2021-963  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2021-964 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 106 Cannabis Opt Out WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 30 day of November, 2021, a Local Law entitled “A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Red Fox Road in Mattituck” and WHEREAS 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 to Amend the Town of Southold Water Supply Plan Map to a Portion of Red Fox Road in Mattituck” reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, “A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Red Fox Road in Mattituck”. BE IT ENACTED by the Town Board of the Town of Southold as follows: Southold Town Meeting Agenda - December 14, 2021 Page 59 Section 1. Legislative Intent. This Local Law proposes to amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main across the Central Drive Spur toward 950 Red Fox Road, Mattituck SCTM# 1000-106.00-01.00-023.001. Historically, the Water Supply Plan Map reflects the physical changes in the water supply network since 2000. The property owner, Jennifer Leuba, has represented to the Town that the groundwater quality at this property is inadequate and poses a significant concern that requires the extension of public water to the property. The extension of the transmission main is intended to supply the Leuba property and is not intended to result in additional pressure in the area. Section 2. Enactment. Based on the goals of the Suffolk County Water Authority and Suffolk County Department of Health Services to provide safe drinking water to the Leuba property, and upon our consideration of the recommendations of the Town Planning Department, and the public comments taken at the public hearing, we hereby amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to 120 Old Main Road, Mattituck. Section 3. The Southold Water Supply Plan Map as adopted by Resolution No. 31 on June 20, 2000 by the Town Board, and most recently amended by Resolution No. 2010-478, is hereby amended to reflect the extension of a water transmission main to 950 Red Fox Road, Mattituck. Section 4. 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. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2021-964 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  James Dinizio Jr      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  Southold Town Meeting Agenda - December 14, 2021 Page 60 2021-965 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 139 - Filming WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of November, 2021, a need for an amending of the current application process for film productions being undertaken in the Town of Southold, and WHEREAS, it has been presented a Local Law entitled “A Local Law in relation to an Amendment to Chapter 139, Filming, in connection with Film Permit Applications” and WHEREAS 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 an Amendment to Chapter 139, Filming, in connection with Film Permit Applications” reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 139, Filming, in connection with Film Permit Applications”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to allow for an altering of the current structuring of Filming Fees and the application process. II. Chapter 139 of the Code of the Town of Southold is hereby amended to add the following underlined and striking the struck through words as follows as follows: Chapter 139. Filming § 139-3. Application for a permit. A. Application form. An applicant may obtain an application form from the Town Chief of Police or the Town Clerk. The information requested on the application form shall include, without limitation, the following: (1) The name and address of the applicant. The name, address and telephone number(s) of the applicant and who can be contacted prior Southold Town Meeting Agenda - December 14, 2021 Page 61 to and during the filming by Town officials. (5) The number of vehicles. Expected number of automobiles and other vehicles intended to use the property at one time and collectively. (7) The name, address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed. (8) Certification that the property where the event is to take place is not subject to any covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact. (9) The size and location of any existing building(s) or structure(s) that will be in operation during the filming and any proposed building, structure or signs to be erected temporarily for the filming. (10) The location of the stage or tents, if any. (11) The location of all fire extinguishers and other fire safety equipment. (12) The location of all temporary utilities to be installed for the event, if any. (13) The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas during the filming. (14) A plan for the use of live outdoor effects, loudspeakers and other sounds which will be used, if any, and the type and location of speakers and other audio equipment. (15) A description of emergency access and facilities related to the filming. (16) Provisions to dispose of any garbage, trash, rubbish or other refuse. (17) The location of sanitary facilities on site, if any. B. Submission to Town Clerk. The following materials shall be submitted by the applicant to the Town Clerk at least seven thirty days before the proposed date to start the filming or still photography: (2) A one-hundred-dollar nonrefundable application fee. The fee for the filming permits shall be prescribed by a resolution of the Town Board. (3) A certificate of insurance and indemnification agreement pursuant to § 139-11. E. Permit fee. The Town Clerk shall calculate the permit fee, as prescribed by resolution of the Town Board, required to be paid by an approved applicant as follows: (1) Film Application fee. One hundred dollars per day shall be paid for each day covered by the permit. Southold Town Meeting Agenda - December 14, 2021 Page 62 (2) Cleanup deposit. A separate certified check in the amount of $250 for each day covered by the permit shall be paid pursuant to § 139-5. (3) Traffic control fee. A Traffic Control Fee One thousand dollars shall be paid for each day covered by the permit if the Chief of Police, or his designee, requires payment of the traffic control fee pursuant to § 139-4. (4) Beach parking fee. If the permit includes one or more Town beaches as location sites, a ten-dollar-per-vehicle fee for each day covered by the permit shall be paid if the permit covers any day falling between May 1 through September 30. § 139-4. Traffic control fee. A. In the event that the Chief of Police or his designee determines that the police officers or traffic control officers will be necessary for the protection of the citizens or for the control of traffic during the filming or still photography, the applicant shall submit to the Town Clerk the fee as prescribed by Town Board resolution a fee of $1,000 for each day covered by the permit pursuant to Subsection of § 139-3. B. If the Chief of Police determines that the one-thousand-dollar-per-day traffic control fee will be fully expended prior to the termination of the permit period, the Chief of Police shall notify the Town Clerk. The Town Clerk shall contact the applicant in writing and require payment of additional sum of money, said specific amount to be determined by the Chief of Police based on the salaries and the number of hours to be worked by the Town police and traffic control personnel. Said additional traffic control fee shall be paid within seven days of said notice. The applicant's failure to pay such additional fee within said seven-day period shall result in the Town Clerk's providing the applicant with written notice that the permit has been suspended and the date of such suspension. The applicant's receipt of the Town Clerk's suspension notice shall not be construed as altering the date of suspension set forth in said written notice, the effective date of the suspension being the day immediately following the completion of the seven-day notice period. § 139-5. Cleanup deposit. A. Each applicant whose application has been approved shall give the Town Clerk a certified check in the appropriate amount of $250 for each day covered by the permit, which check shall be held and not deposited by the Town during the duration of the permit period. § 139-13. Extension of permit period. An applicant which has been granted a permit may submit to the Town Clerk a request to extend the duration of the permit. The Chief of Police, or his designee, will make the decision whether or not to grant such request. If permission is granted, the Town Clerk shall collect the appropriate fee from the applicant an additional $100 for each additional day added to the permit period. The Town Clerk shall then modify the applicant's permit to indicate the granted Southold Town Meeting Agenda - December 14, 2021 Page 63 extension period. 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.  Vote Record - Resolution RES-2021-965 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2021-966 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact - LL Chapter 280 - Transient Rentals WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of November, 2021, a need for additional options for accommodations for tourists, visitors and residents within the Town of Southold, and WHEREAS, it has been presented a Local Law entitled “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Transient Rentals” and WHEREAS 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 an Amendment to Chapter 280, Zoning, in connection with Transient Rentals” reads as follows: Southold Town Meeting Agenda - December 14, 2021 Page 64 LOCAL LAW NO. 2021 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Transient Rentals”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to allow for transient rentals in specific zones within the Town of Southold. II. Chapter 280 of the Code of the Town of Southold is hereby amended to add the following underlined as follows: § 280-38 Use regulations. In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (3) Transient Rental Properties (3) (4) The following uses are permitted uses subject to site plan approval by the Planning Board: § 280-45 Use regulations. In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), (2), (3) and (20) hereof, are subject to site plan approval by the Planning Board: (24) Transient Rental Properties § 280-48 Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (15) Transient Rental Properties § 280-111. Prohibited uses in all districts. J. Transient rental properties, except in the Residential Office (RO), Hamlet Business Southold Town Meeting Agenda - December 14, 2021 Page 65 (HB) and General Business (B) zoning districts. 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.  Vote Record - Resolution RES-2021-966 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2021-967 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk ENACT- LL Chapter 280 - ZBA Fees WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of November, 2021, a need for an amending of the current fee structure for applications to the Zoning Board of Appeals and WHEREAS, it has been presented a Local Law entitled “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Zoning Board of Appeals Application Fees” and WHEREAS 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 an Amendment to Chapter 280, Zoning, in Southold Town Meeting Agenda - December 14, 2021 Page 66 connection with Zoning Board of Appeals Application Fees” reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Zoning Board of Appeals Application Fees”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to allow for an altering of the current structuring of Zoning Board of Appeals Fees. II. Chapter 280 of the Code of the Town of Southold is hereby amended to add the following underlined and striking the struck through words as follows as follows: § 280-149 Fees. Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: A. For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than 200 square feet in floor area, the fee shall be $250. B. For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions 200 square feet in floor area or more, the fee shall be $500. C. For applications containing more than one request, each additional variance request shall have a fee of be $250 (if under 200 square feet) and $500 (if 200 square feet or more). D. For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be $300 for each section of the Town Code for which an interpretation is requested. E. For applications for variances from Town Law § 280-a (rights-of-way), the fee shall be $400. F. For applications for rehearings, the fees shall be as follows: (1) For a rehearing necessitated by an amended notice of disapproval, the fee shall be $250, plus $250 for each additional variance requested (under 200 square feet) and $500 for each additional variance requested (200 square feet or more). (2) An amended decision requiring a hearing shall have a fee that is the same as the original application. (3) Reopening the record on an appeal that has been closed shall have a fee that is the same as the original application. (4) A hearing that has been recalendared because it was adjourned without a date shall have a fee of $250. G. For applications for public entertainment and special events permits, the fee shall be $50. H. For applications for a special exception permit for a bed-and-breakfast, the fee shall be $750. Southold Town Meeting Agenda - December 14, 2021 Page 67 I. For applications for a special exception permit for an accessory apartment located within an accessory structure, the fee shall be $500. J. For all other special exception permit applications involving property located in a residential zone, the fee shall be $750. K. For all special exception permit applications involving property located in a nonresidential zone, the fee shall be $1,200. L. For applications for a waiver of lot merger, the fee shall be $750. M. For all applications for a use variance, the fee shall be $1,000. N. For all applications for a variance of the provisions of Article XIX . Signs, of this chapter, the fee shall be $500 for each variance requested. O. For applications for a special exception permit for public utility structures and uses, the fee shall be $1,000. The fees for applications to the Board of Appeals shall be established, and changed as needed, by resolution of the Southold Town Board. A copy of the fee schedule is on file in the Clerk’s office and the Department of Zoning. Zoning Board of Appeals application fees are nonrefundable. 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.  Vote Record - Resolution RES-2021-967 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  James Dinizio Jr     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost VI. PUBLIC HEARINGS 1. PH 12/14 4:31 Pm LL Water Supply Map Amendment 2. PH 12/14 4:31 Pm LL Chapter 106 Cannabis Opt Out Southold Town Meeting Agenda - December 14, 2021 Page 68 3. PH 12/14 4:31 Pm - LL Chapter 139 - Filming 4. PH 12/14 4:31 Pm - LL Chapter 280 - Transient Rentals 5. PH 12/14 4:31 Pm - LL Chapter 280 - ZBA Fees