HomeMy WebLinkAboutAG-11/01/2022
Town Hall, 53095 Main Road
DENIS NONCARROW
P.O. Box 1179
TOWN CLERK
REGISTRAR OF VITAL STATISTICS Southold, New York 11971
MARRIAGE OFFICER Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
AGENDA
FINAL
SOUTHOLD TOWN BOARD
November 1, 2022
7:00 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 <http://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 <http://www.southtownny.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 the date of the meeting you wish to view 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
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
denisn@southoldtownny.gov <mailto:denisn@southoldtownny.gov>and Lynda.rudder@town.southold.ny.us
<mailto: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
7:00 PM Meeting called to order on November 1, 2022 at Meeting Hall, 53095 Route 25, Southold, NY.
Attendee Name Present Absent Late Arrived
Councilwoman Sarah E. Nappa
Councilman Greg Doroski
Councilman Brian O. Mealy
Councilwoman Jill Doherty
Justice Louisa P. Evans
Supervisor Scott A. Russell
I. Reports
1. Department of Public Works Monthly Reports
April, May, June and July 2022
II. Public Notices
III. Communications
IV. Discussion
1. OPEN SESSION - 9:00 AM - Southold Justice Review & Reform Task Force
Presentation of Southold Town Justice Court Equity Report
2. 10:00 AM - Community Housing Fund Board - Continued Discussion from 10/18
3. 10:30 AM - Dan Goodwin, Superintendent of Highways
Highway Fleet
4. 11:00 AM - Supervisor Russell with Mayor George W. Hubbard, Jr. and Paul Pallas, Village
Administrator
Feasibility of an IMA with the Village of Greenport for the Ice Rink
5. 11:30 AM - Jim Bunchuck, Solid Waste Coordinator
Landfill Grinder
6. John Burke, Deputy Town Attorney
MHS Cinematography Program Traffic Stop Safety Video Request
7. John Burke, Deputy Town Attorney
Updates to NYS Uniform Fire Prevention & Building Code
8. EXECUTIVE SESSION - Labor- Matters Involving the Employment of a Particular Person(S)
12:30 PM - Government Liaison Interview
1:00 PM - Chief Martin Flatley
9. EXECUTIVE SESSION - Matters that Could Impact Public Security
1:15 PM - Captain Ginas, Lloyd Reisenberg, Zac Tomaszewski, and Kristie Hansen-Hightower
10. EXECUTIVE SESSION - Potential Acquisition(S), Sale or Lease of Real Property Where
Publicity Would Substantially Affect the Value Thereof
1:45 PM - Melissa Spiro, Land Preservation Coordinator
V. Resolutions
2022-868
CATEGORY: Audit
DEPARTMENT: Town Clerk
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November, 1st,
2022.
Vote Record - Resolution RES-2022-868
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
Tabled Greg Doroski
Withdrawn
Brian O. Mealy
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2022-869
CATEGORY: Set Meeting
DEPARTMENT: Town Clerk
Set Next Town Board Meeting
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday,
November 15th at the Southold Town Hall, Southold, New York at 4:30 P. M..
Vote Record - Resolution RES-2022-869
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-776
Tabled 9/20/2022 4:30 PM, 10/4/2022 7:00 PM, 10/18/2022 4:30 PM
CATEGORY: Budget Modification
DEPARTMENT: Accounting
Amend 2022 Budget Modification: SWMD
Financial Impact:
Increase bugdet for major grinder repair
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 Solid Waste
Management District budget as follows:
Increase Revenues:
SR.5990.00 Appropriated Fund Balance $150,000 $50,000
Total $150,000 $50,000
Increase Appropriations:
SR.8160.4.400.664 Repairs, Morbark Grinder $150,000 $50,000
Total $150,000 $50,000
Vote Record - Resolution RES-2022-776
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-777
Tabled 9/20/2022 4:30 PM, 10/4/2022 7:00 PM, 10/18/2022 4:30 PM
CATEGORY: Bid Acceptance
DEPARTMENT: Solid Waste Management District
Bid Acceptance: SWMD Grinder Repairs
Financial Impact:
Authorizes funding for repairs to SWMD grinder.
RESOLVED that the Town Board of the Town of Southold hereby amends resolution #2022-777, to read as
follows:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
Suffolk County Brake Service to provide necessary labor and materials for the preparation of an estimate to
repair the Solid Waste Management District’s horizontal wood waste grinder in accordance with specifications
authorized by the Town Board on August 23, 2022, and as submitted in their bid of September 15, 2022, subject
to approval of the Town Attorney, and funded through account SR.8160.4.400.664 as approved by the Town
Comptroller. The Town Board shall approve any estimate prior to commencement of repairs.
Vote Record - Resolution RES-2022-777
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-870
CATEGORY: Special Events
DEPARTMENT: Town Clerk
Special Event 2022-50 / Sage Basin Partners.
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sage Basin Partners,
LLC, D.B.A. Brick Cove Marine , to hold Special Event 2022-50 at the Brick Cove Marina , 1760 Sage Blvd,
Southold, New York as applied for in Application SBP3a for Slow Food East End 501c3 Annual Board
Meeting on November 6, 2022 from 1PM to 4PM. All parking must be contained on site. Provided they adhere
to all conditions on the application, the permit and to the Town of Southold Policy for Special Events and
subject to the applicant's compliance with all executive orders of the State of New York. This permit is subject
to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly
control traffic flow into and out of the event.
Vote Record - Resolution RES-2022-870
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-871
CATEGORY: Special Events
DEPARTMENT: Town Clerk
Special Event 2023-2 the Old Town Farm LLC.
RESOLVED that the Town Board of the Town of Southold hereby grants permission to The Old Town Farm
LLC, to hold Special Event 2023-2 at the Old Town Farm, 2355 Main Bayview RD, Southold, New York as
applied for in Application OTF2a-d for Private family weddings on May 27, 2023, September 9, 2023,
September 23, 2023 and September 30, 2023 from 4PM to 10PM. All parking must be contained on site.
Provided they adhere to all conditions on the application, permit and to the Town of Southold Policy for Special
Events. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the
approval or is unable to properly control traffic flow into and out of the event.
Vote Record - Resolution RES-2022-871
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Defeated Sarah E. Nappa
Tabled
Greg Doroski
Withdrawn
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Louisa P. Evans
Town Clerk's Appt
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-872
CATEGORY: Public Service
DEPARTMENT: Highway Department
2022 Fall Clean Up
RESOLVED by the Town Board of the Town of Southold that the Highway Department Fall CLEANUP is
limited to LEAVES ONLY (which are to be placed in biodegradable brown paper bags) and will commence on
Monday, November 14, 2022 at ORIENT POINT and ending in LAUREL; be it further
RESOLVED that during the 2022 Fall Cleanup, neither BRUSH nor BRANCHES will be removed. Therefore,
they should NOT be placed in the Town right-of-way until after the Spring cleanup is announced; be it further
RESOLVED that the Fishers Island Fall Cleanup will also commence on Monday, November 14th, 2022.
Vote Record - Resolution RES-2022-872
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-873
CATEGORY: Budget Modification
DEPARTMENT: Police Dept
2022 Budget Modification - Police Department
Financial Impact:
Repairs and winterization of marine vessels
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Whole
Town budget as follows:
From:
A.3130.2.500.200 Bay Constable/Equip/Other Equip/Radio $475.00
A.3130.4.100.500 BC/CE/Supp & Materials/Equip Parts $1,425.00
TOTAL $1,900.00
To:
A.3130.4.400.650 BC/CE/Contracted Serv/Veh Maint & Repairs $1,900.00
TOTAL $1,900.00
Vote Record - Resolution RES-2022-873
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-874
CATEGORY: Budget Modification
DEPARTMENT: Solid Waste Management District
2022 Budget Modification: SWMD
Financial Impact:
Provides funding for replacement of broken storm drains; re-set of Volvo 2 emissions system.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 Solid Waste
Management District budget as follows:
From:
SR 8160.4.100.610 Maint/Supply Forklift $ 750
SR 8160.4.400.125 Compost Analysis Services 750
SR 8160.4.400.824 Clean Paper Recycling Fees 1,200 Total $2,700
To:
SR 8160.4.100.800 Maint – Facilities/Grounds $1,500
SR 8160.4.400.653 Repairs – New Volvo 2 1,200 Total $2,700
Vote Record - Resolution RES-2022-874
Yes/Aye No/Nay Abstain Absent
Adopted
Adopted as Amended
Sarah E. Nappa
Defeated
Greg Doroski
Tabled
Brian O. Mealy
Withdrawn
Jill Doherty
Supervisor's Appt
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Scott A. Russell
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
2022-875
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Acknowledges Retirement of Michael Franco
WHEREAS, the Town of Southold has received notification on October 24, 2022 from the NYS Retirement
System concerning the retirement of Michael Franco effective January 3, 2023 and has forwarded the same
notification on October 24, 2022 to the Fishers Island Ferry District, and
WHEREAS, the Town Board of the Town of Southold is required to approve the retirement of employees of
the Fishers Island Ferry District, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of Michael
Franco from the position of Marine Mechanic of the Fishers Island Ferry District effective January 3,
2023. .
Vote Record - Resolution RES-2022-875
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-876
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Accepts Resignation of Christopher Witczak
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Christopher
Witczak from the position of Full Time Public Safety Dispatcher I for the Police Department effective
December 8, 2022.
Vote Record - Resolution RES-2022-876
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-877
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Retirement Resolution for Elected Officials
Whereas, the Town Board of the Town of Southold approved Resolution 2022-614 on July 19, 2022
establishing the standard workday for the Town Assessor position and the days to be reported for Assessors
Sanders and Webster,
Whereas, the current duties and days to be reported as calculated by the most recent record of activities
indicates that the same days should have been reported in their previous record of activities, therefore
It is resolved that the Town Board of the Town of Southold authorizes any and all adjustments to be made with
the NYS Retirement system for said employees.
Vote Record - Resolution RES-2022-877
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-878
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Engineering
Change Order #1 W/L.K. McLean Associates, P.C. - Drainage Surveying
Financial Impact:
There is sufficient existing budget in H.8540.2.100.150 to cover this change order
RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #1 to the contract
for Drainage Surveying with L.K. McLean Associates, P.C. in the net amount of $2,010.00, subject to the
approval of the Town Attorney.
Vote Record - Resolution RES-2022-878
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-879
CATEGORY: Budget Modification
DEPARTMENT: Engineering
2022 Budget Modification - FISD
Financial Impact:
Increase Fishers Island Sewer District Budget
RESOLVED that the Town Board of the Town of Southold hereby increases and modifies the 2022 Fishers
Island Sewer District Budget as follows:
Increase Revenues:
SS2.5990.00 APPROPRIATED FUND BALANCE $ 7,000
Increase Appropriations:
SS2.8120.4.400.300 SYSTEM MAINTENANCE/REPAIR $ 7,000
Vote Record - Resolution RES-2022-879
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
Tabled
Greg Doroski
Withdrawn
Brian O. Mealy
Supervisor's Appt
Tax Receiver's Appt
Jill Doherty
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2022-880
CATEGORY: Attend Seminar
DEPARTMENT: Recreation
Attend Eastern Suffolk Recreation Supervisor Meeting
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Recreation Supervisor Janet Douglass to attend the Recreation Directors Roundtable meeting
tentatively scheduled for November 16, 2022, at a restaurant, to be determined, in Eastern
Suffolk. All expenses to be a legal charge to the 2022 Recreation Department budget, meetings
and seminars, A.7020.4.600.200.
Vote Record - Resolution RES-2022-880
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-881
CATEGORY: Advertise
DEPARTMENT: Human Resource Center
Permission to Advertise to Fill Current PT Vacancies in Senior Services Programs at the HRC.
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to
advertise for 1 week for the following part time positions for Senior Services Programs at the Southold Town
Human Resource Center:
- Mini Bus Driver (CDL) at the hourly rate of $19.79 for 17.5 hours per week.
- Therapeutic Activities Worker at the hourly rate of $20.64 for 17.5 hours per week.
Vote Record - Resolution RES-2022-881
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Defeated
Sarah E. Nappa
Tabled
Greg Doroski
Withdrawn
Brian O. Mealy
Supervisor's Appt
Tax Receiver's Appt
Jill Doherty
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2022-882
CATEGORY: Refund
DEPARTMENT: Town Clerk
Clean Up Deposit Returns
WHEREAS the following groups have supplied the Town of Southold with a Clean-up Deposit for their events
and
RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in to the
following:
Name Date Received Amount
Walter Sledge 8/31/22 $250.00
Matt- Cutch Cub Scout Pack 39
PO Box 503
Mattituck, NY 11952
Bob Kuhne 5/16/22 $250.00
Old Town Arts & Crafts Guild
PO Box 392
Cutchogue, NY 11935
Vote Record - Resolution RES-2022-882
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-883
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
MOA Dated 10/21/22
Financial Impact:
agreement
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of
Agreement between the Town of Southold and Employee #4925 dated October 21, 2022 between CSEA Local
852, Unit 8785 and the Town of Southold and authorizes and directs Supervisor Scott A Russell to execute said
Memorandum of Agreement between the parties.
Vote Record - Resolution RES-2022-883
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-884
CATEGORY: Authorize to Bid
DEPARTMENT: Town Clerk
2023 Yearly Town Bids
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk
to advertise for bids for the following items for 2023:
Bulk Sand for the Highway Department
Road Treatment
Milk for the Human Resource Center
Cleaning of Police Department Uniform Clothing
Scrap Tire Removal
Vote Record - Resolution RES-2022-884
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
Tabled
Greg Doroski
Withdrawn
Brian O. Mealy
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2022-885
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2022 Budget Modification- Town Board
Financial Impact:
Increase IT budget for Cloud Storage
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Whole
Town Budget as follows:
From:
A.1990.4.100.100 Unallocated Contingencies $2,000
Total $2,000
To:
A.1680.4.400.558 IT, Software Maintenance $2,000
Total $2,000
Vote Record - Resolution RES-2022-885
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-886
CATEGORY: Organizational
DEPARTMENT: Accounting
Amend Resolution 2022-16 Organizational Petty Cash
RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2022-16, adopted at the
January 4, 2022 Organizational meeting to read as follows:
RESOLVED that pursuant to Section 64(1-a) of the Town Law, a petty cash fund is hereby established in the
following amounts for the following individuals:
Solid Waste Coordinator James Bunchuck 850.00
Town Clerk Denis Noncarrow 500.00
Receiver of Taxes Kelly Fogarty 500.00
Deputy Town Attorney John Burke 250.00
Supervisor Scott Russell 300.00
Justice Court Director Leanne Reilly 200.00
Chief of Police Martin Flatley 200.00
Senior Citizen Program Supervisor Jacqui Martinez or
Director of Human Services, Karen McLaughlin 200.00
Adult Day Care Supervisor Shatina Jayne 100.00
Recreation Supervisor Janet Douglass 100.00
Building Maintenance Supervisor Timothy Abrams 100.00
Vote Record - Resolution RES-2022-886
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-887
CATEGORY: Close/Use Town Roads
DEPARTMENT: Town Clerk
Mattituck Lions Club Halloween Parade
RESOLVED that the Town Board of the Town of Southold hereby ratifies a resolution granting permission to
the Mattituck Lions Club for its Annual Halloween Parade in Mattituck, on Monday, October 31, 2022
beginning at 6:00 PM, provided they adhere to the Town of Southold Policy for Special Events on Town
Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived.
Vote Record - Resolution RES-2022-887
Yes/Aye No/Nay Abstain Absent
Adopted
Adopted as Amended
Sarah E. Nappa
Defeated
Greg Doroski
Tabled
Brian O. Mealy
Withdrawn
Jill Doherty
Supervisor's Appt
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Scott A. Russell
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
2022-888
CATEGORY: Ratify Fishers Island Reso.
DEPARTMENT: Town Clerk
FIFD 10/24/22 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 October 24, 2022 meetings, as follows:
FIFD
Resolution# Regarding
2022 - 171 Legal Stipulation Agreement
2022 - 173 PVA Conference
2022 - 174 Race Point Yard Package
Vote Record - Resolution RES-2022-888
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-889
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Appoint Jacqueline Martinez Senior Citizens Program Director
RESOLVED that the Town Board of the Town of Southold hereby appoints Jacqueline Martinez to the
position of Senior Citizens Program Director effective November 3, 2022 at a salary of $125,000.00 per
annum.
Vote Record - Resolution RES-2022-889
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-890
CATEGORY: Legal
DEPARTMENT: Town Clerk
Rescind Resolution #2022-810
Resolved that the Town Board of the Town of Southold hereby rescinds resolution 2022-810 adopted at the
October 4, 2022 regular Town Board meeting, in its entirety, which read as follows:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York,
th
on the 4 day of October, 2022, a Local Law entitled “A Local Law in relation to an Amendment to Chapter
260-8, Parking prohibited at all times” now therefor be it
RESOLVED the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at
th
Southold Town Hall, 53095 Main Road, Southold, New York, on the 15 day of November, 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 an Amendment to Chapter 260-8, Parking
prohibited at all times” reads as follows:
LOCAL LAW NO. 2022
A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 260-8, Parking prohibited at all
times”.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The purpose of this local law is to improve safety for pedestrians and vehicles, as well as dealing with
impacts to the public’s health, safety and welfare.
II. Chapter 260 of the Code of the Town of Southold is hereby amended by removing the struck through
portions and adding the underlined portions as follows:
§ 260-8 Parking prohibited at all times.
The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other
location where signage indicates "no parking":
Name of Street Side Location
Horton’s Lane Both From the intersection with Majors Path
West, than north to the right hand side of the
Town Beach Parking Lot entrance.
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-2022-890
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-891
CATEGORY: Local Law Public Hearing
DEPARTMENT: Town Clerk
PH 11/15 7:31 Pm
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York,
st
on the 1 day of November, 2022, a Local Law entitled “A Local Law in relation to Amendments to Chapter
189, Parking, and Chapter 260, Vehicles and Traffic in connection with Parking on North Sea Drive and
Hortons Lane in the hamlet of Southold” now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local
th
Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 15 day of November, 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 189, Parking, and
Chapter 260, Vehicles and Traffic in connection with Parking on North Sea Drive and Hortons Lane in
the hamlet of Southold” which reads as follows:
LOCAL LAW NO. 2022
A Local Law entitled, “A Local Law in relation to Amendments to Chapter 189, Parking, and Chapter
260, Vehicles and Traffic in connection with Parking on North Sea Drive and Hortons Lane in the hamlet
of Southold.”
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose
The Purpose of the amendment is to improve safety for emergency vehicles, pedestrian and passenger vehicles,
as well as dealing with impacts to the public’s health, safety and welfare resulting from vehicles parking and
standing on a portion of North Sea Drive in the hamlet of Southold.
II. Amendment.
The Southold Town Code is hereby amended by removing the struck through words as follows:
CHAPTER 189 - Parking
§189-2 Designation of areas requiring parking permits.
B. The following road end areas are hereby designated as Town of Southold "Parking by Southold Town
Permit Only" area:
(22) North Sea Drive, Long Island Sound, Southold, along both sides the south side from the intersection with
Horton's Lane west for a distance of 820 feet.
CHAPTER 260 - Vehicles and Traffic
§260-8 Parking prohibited at all times.
Hortons Lane East In Southold, from the intersection with Soundview
Avenue northwesterly to the terminus of Hortons Lane
North Sea Drive North In Southold, from the exit of the McCabe’s Beach Parking
Lot southwesterly to the terminus of Hortons Lane
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-2022-891
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Defeated
Sarah E. Nappa
Tabled
Greg Doroski
Withdrawn
Brian O. Mealy
Supervisor's Appt
Tax Receiver's Appt
Jill Doherty
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2022-892
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Amend Resolution Number 2022-468
RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2022-468 to
read as follows:
WHEREAS, the Town of Southold has received notification on September 5, 2022 from the NYS Retirement
System concerning the retirement of Christopher Newell effective November 2, 2022 and has forwarded the
same notification on October 20, 2022 to the Fishers Island Ferry District, and
WHEREAS, the Town Board of the Town of Southold is required to approve the retirement of employees of
the Fishers Island Ferry District, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of
Christopher Newell from the position of Ferry Captain of the Fishers Island Ferry District effective
November 2, 2022. .
Vote Record - Resolution RES-2022-892
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-893
CATEGORY: Employment - FIFD
DEPARTMENT: Accounting
Approve Resolution Number 2022-172
Whereas Captain Christopher Newell wishes to change his working status from full-time to part-time; and
Therefore it is RESOLVED that effective November 2, 2022 Christopher Newell has retired from his full-time Captain
FIFD) position and on November 3, 2022 is appointed as a part-time Captain (FIFD) at his current rate.
Vote Record - Resolution RES-2022-893
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-894
CATEGORY: Local Law Public Hearing
DEPARTMENT: Town Clerk
PH 11/15 4:30 Pm LL Chapter 189 260 Duck Pond
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York,
st
on the 1 day of November, 2022, a Local Law entitled “A Local Law in relation to Amendments to Chapter
189, Parking and Chapter 260, Vehicles and Traffic, in connection with Parking on Duck Pond Road in
the hamlet of Cutchogue” now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local
th
Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 15 day of November, 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 189, Parking and
Chapter 260, Vehicles and Traffic, in connection with Parking on Duck Pond Road in the hamlet of
Cutchogue” which reads as follows:
LOCAL LAW NO. 2022
A Local Law entitled, “A Local Law in relation to Amendments to Chapter 189, Parking and Chapter 260,
Vehicles and Traffic, in connection with Parking on Duck Pond Road in the hamlet of Cutchogue”
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose
The Purpose of the amendment is to improve safety for emergency vehicles, pedestrian and passenger vehicles,
as well as dealing with impacts to the public’s health, safety and welfare resulting from vehicles parking and
standing on a portion of Duck Pond Road in the hamlet of Cutchogue.
II. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding the underlined
words as follows:
CHAPTER 189 - Parking
§189-2 Designation of areas requiring parking permits.
B. The following road end areas are hereby designated as Town of Southold "Parking by Southold Town
Permit Only" area:
(56) Duck Pond Road, Long Island Sound, Cutchogue, along both sides from the guardrail at the northerly
terminus southerly for a distance of 500 feet.
CHAPTER 260 - Vehicle and Traffic
§ 260-8 Parking prohibited at all times.
Duck Pond Road Both Sides In Cutchogue, from the guardrail at the northerly terminus
southerly for a distance of 400 feet
§ 260-9 Parking prohibited during certain hours.
Duck Pond Road East 10:00 p.m. and 10:00 a.m. In Cutchogue, from the guardrail
at the northerly terminus
southerly for a distance of 400 feet
Duck Pond Road West 10:00 p.m. and 6:00 a.m. In Cutchogue, from the guardrail
at the northerly terminus
southerly for a distance of 400 feet
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-2022-894
Yes/Aye No/Nay Abstain Absent
Adopted
Adopted as Amended
Sarah E. Nappa
Defeated
Greg Doroski
Tabled
Brian O. Mealy
Withdrawn
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Scott A. Russell
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
2022-895
CATEGORY: Employment - Town
DEPARTMENT: Accounting
NYS Employees Retirement System
RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard
workdays for elected and appointed officials and will report the following days worked to the New York State
and the Local Employees' Retirement System based on the record of activities maintained and submitted by
these officials to the clerk of this body:
Title Name Term Begins/Ends Participates Days/ Tier 1 Not
Standard in Employer's Months (Check Submitted
Work Time (based on only if (Check box if
Day Keeping Records member no record of
(Hrs/daySystem (Y/N) of is in Tier activities
) Activities) 1) completed or
timekeeping
system)
Town Board Council Member Greg Doroski 6 1/1/2022-12/31/25 N 8.61
Town Board Council Member Brian Mealy 6 1/1/2022-12/31/25 N 6.61
Supervisor Scott Russell 6 1/1/2020-12/31/23 N
☐ ☒
BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of
the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER
RESOLVED, that the Town Clerk be and he hereby is authorized to send a certified copy of this resolution to
the New York State Employees Retirement System.
I, Denis Noncarrow, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby
certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened
st
meeting held on the 1 day of November 2022 on file as part of the minutes of such meeting, and that the same is a true
copy thereof and the whole of such original.
I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such
meeting and the six (6) of such members vote in favor of the above resolution.
st
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this 1 day of
November 2022.
S E A L
____________________________________
Denis Noncarrow
Town Clerk
Town of Southold
Vote Record - Resolution RES-2022-895
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-896
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2022 Budget Modification - Capital (Highway)
Financial Impact:
Apprpriate Highway fund balance and establish a capital project for the purchase of a payloader
WHEREAS, the Town Board of the Town of Southold wishes to establish and fund a capital project to
purchase a payloader for the Highway Department, and
WHEREAS, the Town’s Capital Budget process requires a resolution to amend Capital Budget items in the
Capital Fund, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby amends the 2022 Highway Fund and
Capital Budgets as follows:
Increase Revenues:
DB.5990.00 Appropriated Fund Balance $225,000 Total
$225,000
Increase Appropriations:
DB.9901.9.000.100 Interfund Transfers, Transfer to Capital $225,000 Total
$225,000
Capital Project Name: Highway Payloader
Financing Method: Transfer from the Highway Fund
Increase Revenues:
H.5031.98 Interfund Transfers, Highway Equipment $225,000 Total
$225,000
Increase Expenditures:
H.5130.2.300.400 Highway Payloader $225,000 Total
$225,000
Vote Record - Resolution RES-2022-896
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-897
CATEGORY: Local Law Public Hearing
DEPARTMENT: Town Attorney
PH 11/29 7:31 Pm - Chapter 144 Fire Prevention & Building Code
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York,
st
on the 1 day of November, 2022, a Local Law entitled “A Local Law in relation to an Amendment to
Chapter 144, Fire Prevention and Building Code Administration, in connection with Updates to the New
York State Uniform Fire Prevention and Building Code Administration and Enforcement Law ” now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local
th
Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 29 day of November, 2022 at
7:31 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 Amendment to Chapter
144, Fire Prevention and Building Code Administration, in connection with Updates to the New York
State Uniform Fire Prevention and Building Code Administration and Enforcement Law” which reads as
follows:
LOCAL LAW NO. 2022
A Local Law entitled, “A Local Law in relation to an Amendment to Amendment to Chapter 144, Fire
Prevention and Building Code Administration, in connection with Updates to the New York State
Uniform Fire Prevention and Building Code Administration and Enforcement Law”
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose
The Purpose of the amendment is to improve safety for building projects within the Town of Southold, as well
as dealing with impacts to the public’s health, safety and welfare resulting from the same.
II. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding the underlined
words as follows:
§ 144-1
Title.
This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration and
Enforcement Law."
§ 144-2
Purpose.
Article 18 of the Executive Law, as added by Chapter 707 of the Laws of 1981, provides for the preparation of a
Uniform Fire Prevention and Building Code (Uniform Code), which shall take effect on January 1, 1984, and
the State Energy Conservation Construction Code (the Energy Code), which shall take effect on January 1,
2007, and which every local government shall administer and enforce on and after such date. It is the purpose of
this chapter to provide for the administration and enforcement of the Uniform Code in the Town of Southold.
This local law provides for the administration and enforcement of the New York State Uniform Fire Prevention
and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy
Code) in this Town of Southold. This local law is adopted pursuant to section 10 of the Municipal Home Rule
Law.
Except as otherwise provided in the Uniform Code, the Energy Code other state law, or other section of this
local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions
this local law.
§ 144-3
Administration and enforcement officers designated; definitions.
A.
It shall be the duty of the Building Inspectors (hereinafter referred to as the "Building Inspector") to administer
and enforce the Uniform Code and the Energy Code and the provisions of this chapter.
B.
In addition to the inspectors, as provided by Subsection A of this section, the Town Board may appoint one
Assistant Inspector for each of the fire districts in the Town, who shall be recommended by the respective
Board of Fire Commissioners. Such Assistant Inspectors shall serve for a term of one year or at the pleasure of
the Town Board. Assistant Inspectors shall serve without compensation, but shall be reimbursed for their actual
and necessary expenses incurred in the performance of their duties within the appropriations made therefor by
the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to
conducting periodic inspections for compliance with the fire prevention provisions (Chapter C) of the Uniform
Code and the Energy Code. Assistant Inspectors shall have the same right to enter and inspect buildings and
premises as conferred upon the Building Inspector.
C.
For this chapter, the term "Building Inspector" shall include and refer to:
(1)
Building Inspectors of the Town of Southold;
(2)
The Director of Code Enforcement of the Town of Southold;
(3)
The Engineer Inspector of the Town of Southold;
(4)
Building Permits Examiner;
(5)
Fire Inspector; and
(6)
All Code Enforcement Officers.
D.
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings
as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's
Third International Dictionary of the English Language, unabridged (or latest edition).
Assembly Area
An area in any building, or in any portion of a building, that is primarily used or intended to be used for
gathering fifty or more persons for uses including, but not limited to, amusement, athletic, entertainment, social,
or other recreational functions; patriotic, political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
Building Permit
A building permit, construction permit, demolition permit, or other permit that authorizes the performance of
work. The term “Building Permit” shall also include a Building Permit which is renewed, amended, or extended
pursuant to any provision of this local law.
BUILDING PERMIT
A building permit which is renewed, amended or extended pursuant to any provision of this chapter.
CANOPY
See "tent."
Certificate of Compliance
A document issued by the Town of Southold stating that work was done in compliance with approved
construction documents and the Codes.
Certificate of Occupancy
A document issued by the Town of Southold certifying that the building or structure, or portion thereof,
complies with the approved construction documents that have been submitted to, and approved by the Town of
Southold, and indicating that the building or structure, or portion thereof, is in a condition suitable for
occupancy.
Code Enforcement Officer
The Code Enforcement Officer appointed pursuant to subdivision (b) of section 144-3 of this local law.
Code Enforcement Personnel
The Code Enforcement Officer and all Inspectors.
Codes
The Uniform Code and Energy Code.
Energy Code
The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy
Law.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended.
FCNYS
The 2020 Fire Code of New York State as currently incorporated by reference in 19 NYCRR Part 1225.
Fire Safety and Property Maintenance Inspection
An inspection performed to determine compliance with the applicable provisions of 19 NYCRR Part 1225 and
the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and
the publications incorporated therein by reference.
Hazardous Production Materials
A solid, liquid, or gas associated with semiconductor manufacturing that has a degree-of-hazard rating in health,
flammability, or instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of the
Hazards of Materials for Emergency Response), and which is used directly in research, laboratory, or
production processes which have, as their end product, materials that are not hazardous.
Inspector
An inspector appointed pursuant to subdivision (d) of section 144-3 of this local law.
Mobile Food Preparation Vehicles
Vehicles that contain cooking equipment that produces smoke or grease-laden vapors for the purpose of
preparing and serving food to the public. Vehicles intended for private recreation shall not be considered mobile
food preparation vehicles.
Operating Permit
A permit issued pursuant to section 10 of this local law. The term “Operating Permit” shall also include an
Operating Permit which is renewed, amended, or extended pursuant to any provision of this local law.
Order to Remedy
An order issued by the Building Inspector pursuant to subdivision (a) of section 17 of this local law.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
An individual, corporation, limited-liability company, partnership, limited partnership, business trust, estate,
trust, association, or any other legal or commercial entity of any kind or description.
PMCNYS
The 2020 Property Maintenance Code of New York State as currently incorporated by reference in 19 NYCRR
Part 1226.
RCNYS
The 2020 Residential Code of New York State as currently incorporated by reference in 19 NYCRR Part 1220.
Repair
The reconstruction, replacement, or renewal of any part of an existing building for the purpose of its
maintenance or to correct damage.
SOLAR POWER FAST TRACK PROGRAM
A program to expedite all applications for standard installations of solar electric and solar hot water energy
systems on residential buildings and legal accessory structures on residential property as developed by Long
Island Unified Solar Permitting Initiative.
STANDARD INSTALLATION
Those installations that meet the following criteria, and any subsequent amendment thereto:
(1)
Are not subject to architectural review or review by the Architectural Review Board or Landmark Preservation
Commission;
(2)
Are proposed for installation on a roof with a single layer of roof covering;
(3)
Are to be flush-mounted parallel to the roof surface and no more than six inches above the surface;
(4)
Have an eighteen-inch clearing at the roof ridge and an eighteen-inch clearing path to the ridge;
(5)
Create a roof load of no more than five pounds per square foot for photovoltaic (PV) and six pounds per square
foot for residential solar hot water (RSHW);
(6)
Be installed by LIPA-authorized contractors;
(7)
Use PV panels that have been certified by a nationally-recognized testing laboratory as meeting the
requirements of the Underwriters Laboratory (UL) Standard 1703 and inverters must be on a list of New York
State Public Service Commission type tested inverters which are tested by UL or other nationally recognized
laboratories to conform with UL 1741;
(8)
Use RSHW equipment that has been certified by the Solar Rating and Certification Corporation under its OG-
100 standard for solar collectors;
(9)
Use other equipment such as modules, combiner boxes and a mounting system that have been approved for
public use; and
(10)
Be in full compliance with all current National Electrical Code (NEC) requirements.
Stop Work Order
An order issued pursuant to section 6 of this local law.
Sugarhouse
A building used, in whole or in part, for the collection, storage, or processing of maple sap into maple syrup
and/or maple sugar.
Temporary Certificate of Occupancy
A certificate issued pursuant to subdivision (d) of section 7 of this local law.
TENT
A structure, enclosure or shelter, including structures open without sidewalls or sidewalls that drop on 75% or
more of the perimeter, constructed of fabric or pliable material supported by any manner except by air or the
contents it protects.
Town
The Town of Southold.
Uniform Code
The New York State Uniform Fire Prevention and Building Code, Subchapter A of Chapter XXXIII of Title 19
of the NYCRR, adopted pursuant to Article 18 of the Executive Law.
§ 144-4
Conflicts with other regulations.
Where the provisions of this chapter conflict with or impose a different requirement than any other provision of
the Southold Town Code, or any rule or regulation adopted thereunder, the provision which establishes the
higher standard or requirement shall govern.
§ 144-5
Powers and duties of Building Inspector.
A.
Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise
provided, the Building Inspector shall administer and enforce all the provisions of the Uniform Code and
Energy Code and regulations applicable to the construction, alteration, repair, removal and demolition of
buildings and structures, and the installation and use of materials and equipment therein, and the location, use,
occupancy and maintenance thereof.
B.
The Building Inspector shall receive, review, and approve or disapprove applications and issue permits for the
erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the
premises for which such applications have been received or such permits have been issued, for the purpose of
ensuring compliance with the Uniform Code, Energy Code and other laws, ordinances and regulations
governing building construction.
C.
The Building Inspector shall conduct construction inspections, inspections to be made prior to the issuance of
certificates of occupancy, firesafety and property maintenance inspections, inspections incidental to the
investigation of complaints, and all other inspections required or permitted under any provision of this chapter,
shall administer and enforce all the provisions of the Uniform Code, the Energy Code, and this local law and
shall have the following powers and duties:
(1) to receive, review, and approve or disapprove applications for Building Permits, Certificates of
Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, and the
plans, specifications, and construction documents submitted with such applications;
(2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Certificates of
Compliance, Temporary Certificates of Occupancy, and Operating Permits, and to include in terms and
conditions as the Building Inspector may determine to be appropriate Building Permits, Certificates of
Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits;
(3) to conduct construction inspections; inspections to be made prior to the issuance of Certificates of
Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits; fire
safety and property maintenance inspections; inspections incidental to the investigation of complaints; and all
other inspections required or permitted under any provision of this local law;
(1) (4)
To issue stop-work orders;
(2) (5)
To review and investigate complaints;
(6) to issue orders pursuant to subdivision (a) of section 17 (Violations) of this local law;
(3) (7)
To maintain records;
(4) (8)
To collect fees as set by the Town Board of the Town of Southold;
(5) (9)
To pursue administrative enforcement actions and proceedings;
(6) (10)
In consultation with this Town's attorney, to pursue such legal actions and proceedings as may be necessary to
enforce the Uniform Code, the Energy Code, and this chapter, or to abate or correct conditions not in
compliance with the Uniform Code, the Energy Code or this chapter; and
(7) (11)
To exercise all other powers and fulfill all other duties conferred upon the Building Inspector by this chapter.
D.
The Building Inspector shall possess background experience related to building construction or fire prevention
and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service
training, and other training as the State of New York shall require for code enforcement personnel, and shall
obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
E. In the event that the Building Inspector is unable to serve as such for any reason, another individual shall
be appointed by the Town Board to serve as a Building Inspector, during the term of their appointment, exercise
all powers and fulfill all duties conferred upon the Building Inspector by this local law.
F. One or more Inspectors may be appointed by the Town Board to act under the supervision and direction
of the Building Inspectors and to assist the Building Inspectors in the exercise of the powers and fulfillment of
the duties conferred upon the Building Inspectors by this local law. Each Inspector shall, within the time
prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other
training as the State of New York shall require for code enforcement personnel, and each Inspector shall obtain
certification from the Department of State pursuant to the Executive Law and the regulations promulgated
thereunder.
G. The compensation for the Building Inspectors shall be fixed from time to time by the Town Board of
this Town of Southold by resolution or collective bargaining agreement as applicable.
E. H.
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable
laws, ordinances or regulations covering building construction, the Building Inspector may require the
performance of tests in the field by experienced, professional persons or by accredited and authoritative testing
laboratories or service bureaus or agencies.
F. I.
The Building Inspector shall keep permanent, official records of all transactions and activities conducted by
him, including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All building permits, certificates of occupancy, and stop-work orders issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(8)
All fees charged and collected.
J. The Building Inspector shall keep permanent official records of all transactions and activities conducted
by all Building and Code Enforcement Personnel, including records of:
i.
(1) all applications received, reviewed and approved or denied;
(2) all plans, specifications and construction documents approved;
(3) all Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates,
Stop Work Orders, and Operating Permits issued;
(4) all inspections and tests performed;
(5) all statements and reports issued;
(6) all complaints received;
(7) all investigations conducted;
(8) all condition assessment reports received;
(9) all fees charged and collected; and
(10) all other features and activities specified in or contemplated by sections 4 through 14, inclusive, of this
local law.
ii. All such records shall be public records open for public inspection during normal business hours. All
plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the
minimum time period so required by State law and regulation.
K. G.
All such records shall be public records open for public inspection during normal business hours. All plans and
records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum
time period so required by state law and regulation.
L. H.
Program review and reporting.
(1)
The Building Inspector shall, as directed, submit to the Town Board a written report and summary of all
business conducted by him, including permits and certificates issued, fees collected, orders and notices
promulgated, inspections and tests made and appeals or litigation pending.
(2)
The Building Inspector shall, annually, submit to the Secretary of State, on behalf of this Town, on a form
prescribed by the Secretary of State, a report of the activities of this Town, relative to administration and
enforcement of the Uniform Code.
(3)
The Building Inspector shall, upon request of the New York State Department of State, provide to the New
York State Department of State, from the records and related materials in this Town is required to maintain,
excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in
connection with administration and enforcement of the Uniform Code.
(4) The Building Inspector shall annually submit to the Town Board of this Town of Southold a written
report and summary of all business conducted by the Building Inspector and its staff, including a report and
summary of all transactions and activities described in section 14 (Record Keeping) of this local law and a
report and summary of all appeals or litigation pending or concluded.
(5) The Building Inspector shall annually submit to the Secretary of State, on behalf of this Town of
Southold, on a form prescribed by the Secretary of State, a report of the activities of this Town of Southold
relative to administration and enforcement of the Uniform Code.
(6) The Building Inspector shall, upon request of the New York State Department of State, provide to the
New York State Department of State, true and complete copies of the records and related materials this Town of
Southold is required to maintain; true and complete copies of such portion of such records and related materials
as may be requested by the Department of State; and/or such excerpts, summaries, tabulations, statistics, and
other information and accounts of its activities in connection with administration and enforcement of the
Uniform Code and/or Energy Code as may be requested by the Department of State.
M. I.
The Building Inspector shall review and investigate complaints which allege or assert the existence of
conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other
law or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The
process for responding to a complaint shall include such of the following steps as the Building Inspector may
deem appropriate:
(1)
Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the
results of such inspection;
(2)
If a violation is found to exist, providing the owner of the affected property and any other person who may be
responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation,
or otherwise proceeding in a manner which violates this chapter of the Code;
(3)
If appropriate, issuing a stop-work order;
(4)
If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the
violation has been abated or corrected, preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
§ 144-6
Inspections required.
A.
Construction inspections
(i) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and
accepted by the Building Inspector or by an Inspector authorized by the Building Inspector. The Permit Holder
shall notify the Building Inspector when any element of work described in subdivision (b) of this section is
ready for inspection.
(ii) Elements of work to be inspected. The following elements of the construction process shall be inspected,
where applicable:
(1) work site prior to the issuance of a Building Permit;
(2) footing and foundation;
(3) preparation for concrete slab;
(4) framing;
(5) structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the
building;
(6) fire resistant construction;
(7) fire resistant penetrations;
(8) solid fuel burning heating appliances, chimneys, flues, or gas vents;
(9) inspections required to demonstrate Energy Code compliance, including but not limited to insulation,
fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan
efficiencies, programmable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, and
high-performance lighting and controls;
(10) installation, connection, and assembly of factor manufactured buildings and manufactured homes; and
(11) a final inspection after all work authorized by the Building Permit has been completed.
(iii) Remote inspections. At the discretion of the Building Inspector or Inspector authorized to perform
construction inspections, a remote inspection may be performed in lieu of an in-person inspection when, in the
opinion of the Building Inspector or such authorized Inspector, the remote inspection can be performed to the
same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the
Building Inspector or by such authorized Inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should a remote inspection not afford the
Building Inspector or such authorized Inspector sufficient information to make a determination, an in-person
inspection shall be performed.
(iv) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as
completed, or the Permit Holder shall be notified as to the manner in which the work fails to comply with the
Uniform Code or Energy Code, including a citation to the specific code provision or provisions that have not
been met. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall
remain exposed until such work shall have been brought into compliance with all applicable provisions of the
Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.
(v) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees)
of this local law must be paid prior to or at the time of each inspection performed pursuant to this section.
(1)
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted
by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work
described in Subsection A(2) of this section is ready for inspection.
(2)
Elements of work to be inspected. The following elements of the construction process shall be inspected, where
applicable:
(a)
Work site prior to the issuance of a building permit;
(b)
Footing and foundation;
(c)
Preparation for concrete slab;
(d)
Framing;
(e) structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the
building;
(f e)
Building systems, including underground and rough-in;
(g f)
Fire-resistant construction;
(h g)
Fire-resistant penetrations;
(i h)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(j i)
Energy Code compliance;
inspections required to demonstrate Energy Code compliance, including but not limited to insulation,
fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan
efficiencies, programmable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, and
high-performance lighting and controls;
and
(k j)
A final inspection after all work authorized by the building permit has been completed.
(3) Remote inspections. At the discretion of the Building Inspector or Inspector authorized to perform
construction inspections, a remote inspection may be performed in lieu of an in-person inspection when, in the
opinion of the Building Inspector or such authorized Inspector, the remote inspection can be performed to the
same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the
Building Inspector or by such authorized Inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should a remote inspection not afford the
Building Inspector or such authorized Inspector sufficient information to make a determination, an in-person
inspection shall be performed.
(4 3)
Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or
the permit holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code,
including a citation to the specific code provision or provisions that have not been met. Work not in compliance
with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall
have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code,
reinspected, and found satisfactory as completed.
(5) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees)
of this local law must be paid prior to or at the time of each inspection performed pursuant to this section.
B.
Firesafety and property maintenance inspections.
(1)
Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be
performed by the Building Inspector at the following intervals:
(a)
Firesafety and property maintenance inspections of buildings or structures which contain an area of public
assembly shall be performed at least once every 12 months.
(b)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection B(1)(a),
and all nonresidential buildings, structures, uses and occupancies not included in Subsection B(1)(a), shall be
performed at least once every 36 months.
(2)
Inspections permitted. In addition to the inspections required by Subsection B(1) of this section, a firesafety and
property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also
be performed by the Building Inspector at any time upon:
(a)
The request of the owner of the property to be inspected or an authorized agent of such owner;
(b)
Receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply
with the Uniform Code or Energy Code exist; or
(c)
Receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be
reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the
Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as
permitting an inspection under any circumstances under which a court order or warrant permitting such
inspection is required, unless such court order or warrant shall have been obtained.
(d)
OFPC inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit or
impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control
("OFPC") and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-
b.
C.
Inspection of tents.
(1)
The Building Inspector or Code Enforcement Official shall perform inspections on tents prior to the event for
which the tent is to be used. Tents must comply with all requirements of the New York State Building Code and
the following standards:
(a)
Sufficient exiting to a public way.
(b)
Tents over 200 square feet shall be made of flame-resistant materials. A certificate attesting to that fact shall be
available on site for inspection.
(c)
All electrical supply shall be ground fault interrupted (GFI) at the source.
(d)
Tent stakes shall be capped or covered in such a way to present no hazard to the public.
(e)
No cooking shall be allowed under the tent.
(f)
All exiting aisles shall be maintained at a minimum of six feet wide.
(g)
If the event under the tent is conducted after sunset, illuminated exit signs and emergency exit lighting shall be
provided. The lighting shall be on a separate circuit.
(h)
Guy ropes shall not pass through exit paths unless maintained more than seven feet above grade. Tent stakes
shall not be in exit paths.
(i)
Fire extinguishers as required by New York State Building Code and the Town Building Inspector/Code
Enforcement Official shall be provided.
(2)
A tent permit may be revoked by the Building Inspector or Code Enforcement Official if, upon inspection, it is
determined that the tent does not comply with any of the standards set forth in § 144-6C(1) above or if the tent
is used in violation of the provisions of § 144-8.
§ 144-7
Cooperation with other departments.
The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties,
the assistance and cooperation of the police and fire officers and all other municipal officials exercising any
jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.
§ 144-8
Building permit required; application for permit.
A.
Building permit/tent permit required prior to commencement; exceptions.
(1) Building Permits Required. Except as otherwise provided in subdivision (b) of this section, a Building
Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code,
including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, or
demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating
appliance, chimney, or flue in any dwelling unit. No Person shall commence any work for which a Building
Permit is required without first having obtained a Building Permit from the Town of Southold.
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal,
improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or
cause the same to be done, without first obtaining a separate building permit from the Building Inspector for
each such building or structure. A building permit shall be required for any work which must conform to the
Uniform Code, and Energy Code, except that no building permit shall be required for:
(2) Exemptions. No Building Permit shall be required for work in any of the following categories:
(a)
Necessary repairs which do not materially affect structural features.
(b)
Alterations to existing buildings, provided that the alterations:
\[1\]
Cost less than $10,000;
\[2\]
Do not materially affect structural features;
\[3\]
Do not affect firesafety features such as smoke detectors, sprinklers, required fire separations and exits;
\[4\]
Do not involve the installation of electrical systems; and
\[5\]
Do not include the installation of solid-fuel-burning heating appliances and associated chimneys and flues.
(c)
Construction or installation of one-story detached structures associated with one- or two-family dwellings or
multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar
uses, provided the gross floor area does not exceed 100 square feet;
(d)
Installation of swings and other playground equipment associated with a one- or two-family dwelling or
multiple single-family dwellings (townhouses);
(e)
Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed
entirely above ground;
(f)
Installation of fences which are not part of an enclosure surrounding a swimming pool;
(g)
Construction of retaining walls, unless such walls support a surcharge or impound Class I, II, or IIIA liquids;
(h)
Construction of temporary motion picture, television and theater stage sets and scenery;
(i)
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple
single-family dwellings (townhouses);
(j)
Installation of partitions or movable cases less than five feet nine inches in height;
(k)
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(l)
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(m)
Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it
inconsistent with the equipment's original specifications; or
(n)
Repairs, provided that such repairs do not involve:
\[1\]
The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or
load-bearing component;
\[2\]
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner
which affects egress;
\[3\]
The enlargement, alteration, replacement or relocation of any building system; or
\[4\]
The removal from service of all or part of a fire protection system for any period of time.
(o) construction or installation of one-story detached structures associated with one- or two-family
dwellings or multiple single-family dwellings (townhouses), which are used for tool and storage sheds,
playhouses, or similar uses, provided the gross floor area does not exceed 144 square feet;
(p) construction of temporary sets and scenery associated with motion picture, television, and theater uses;
(q) installation of window awnings supported by an exterior wall of a one- or two-family dwelling or
multiple single-family dwellings (townhouses);
(r) installation of partitions or movable cases less than 5'-9" in height;
(s) painting, wallpapering, tiling, carpeting, or other similar finish work;
(t) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or
appliances;
(u) replacement of any equipment provided the replacement does not alter the equipment’s listing or render
it inconsistent with the equipment’s original specifications; or
(v) repairs, provided that the work does not have an impact on fire and life safety, such as (i) any part of the
structural system; (ii) the required means of egress; or (iii) the fire protection system or the removal from
service of any part of the fire protection system for any period of time.
(2)
No tent shall be erected on any property, except properties wherein the primary use is a single-family dwelling,
unless a permit has been issued by the Building Department. Tents may be erected for protection from the
elements for special events or for temporary activities that are a permitted use of the premises in accordance
with the Town Code and the approved site plan for the premises, subject to the following standards:
(a)
Tents should be removed as promptly as possible after the event has concluded.
(b)
The duration of a tent permit shall be determined by the Building Inspector or Code Enforcement Official, up to
a maximum duration of 30 days.
(c)
A tent permit shall not issue if the parcel has an open building permit or is the subject of a pending site plan
review or the property is subject to pending Town Code violation(s).
(d)
A permit is required from the State of New York for tents with an occupancy of 300 or more unless owned,
leased, or operated by a bona fide religious, charitable, educational, fraternal, service, veteran, or volunteer fire
organization.
(c) Exemption not deemed authorization to perform non-compliant work. The exemption from the
requirement to obtain a building permit for work in any category set forth in subdivision A.(1) of this section
shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy
Code. All work, structures and buildings must comply with the provisions of Chapter 280, Zoning, of the
Southold Town Code.
B.
Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect
without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use
established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid.
C.
Applications.
(1)
Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable
to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and
contain the following information and be accompanied by the required fee. In addition, plans and specifications
shall be filed with the building permit application to enable the Building Inspector to examine such plans to
ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the
Energy Code. The application shall include or be accompanied by the following information and
documentation:
(a)
The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected,
or of the lot on which it is situated if an existing building, except in the case of the alterations of a building
which do not affect the exterior thereof.
(b)
The section, block and lot numbers, if any, as they appear on the latest tax records.
(c)
The exact size and locations on the lot of the proposed building or buildings or structural alteration of an
existing building and of other existing buildings on the same lot.
(d)
A survey of the lot accurately depicting all currently existing and proposed structures.
(e)
The dimensions of all yards in relation to the subject building and the distances between such building and any
other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot
coverage.
(f)
The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling
units the building is designed to accommodate, and the necessary computations to establish conformity to the
bulk and density regulations.
(g)
Such topographic or other information with regard to the building, the lot or neighboring lots as may be
necessary to determine that the proposed construction will conform to the provisions of this chapter.
(h)
An application for a building permit for construction on a vacant lot which is not on an approved subdivision
map shall be accompanied by a certified abstract of title issued by a title company which shall show single and
separate ownership of the entire lot prior to April 9, 1957.
(i)
A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the
Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor.
(j)
Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications
bearing the signature and original seal of a licensed professional engineer or architect.
(k)
In instances where a notice of disapproval has been issued by the Building Inspector and an application for a
building permit is submitted after subsequent review and approval by the Town of Southold Board of Trustees,
the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan
stamped as "approved" by the respective Board and a copy of the Board's final determination.
(l)
Construction documents will not be accepted as part of an application for a building permit unless they satisfy
the requirements set forth above. Construction documents which are accepted as part of the application for a
building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the
accepted construction documents shall be returned to the applicant to be kept at the work site. However, the
return of a set of accepted construction documents to the applicant shall not be construed as authorization to
commence work, or as an indication that a building permit will be issued. Work shall not be commenced until
and unless a building permit is issued.
(m)
All work shall be performed in accordance with the construction documents which were submitted with and
accepted as part of the application for a building permit. The permit holder shall immediately notify the
Building Inspector of any change occurring during the course of work. The building permit shall contain such a
directive. If the Building Inspector determines that such change warrants a new or amended building permit,
such change shall not be made until and unless a new or amended building permit reflecting such change is
issued.
(2)
Exception to the requirements set forth in § 144-8C. Building Inspectors have the right, when an application for
a structure is accompanied by plans and specifications bearing the signature and original seal of a licensed
professional engineer or architect and accompanied by an affidavit stating that the plans and specifications
comply with the Uniform Code and Energy Code, to verify that both the plans and the construction installation
comply with the high wind load requirements, the Uniform Code and Energy Code at the field inspection stage.
(3)
Applications for standard installations of solar energy systems shall be made on the fast track permit application
form provided by the Building Inspector and shall include a completed requirements checklist bearing the
signature of the property owner and contractor, a project information sheet and configuration diagram prepared
by a professional engineer or registered architect, and any other information that the Building Inspector deems
necessary. Applications for standard installations on residential and legal accessory structures on residential
property shall be determined within 14 business days of the filing of a completed application.
D.
No building permit shall be issued for the construction or alteration of any building upon a lot without access to
a street or highway as provided by § 280-a of the Town Law.
E.
No building permit shall be issued for any building where the site plan of such building is subject to approval by
the Planning Board, except in conformity with the plans approved by said Board.
F.
No building permit shall be issued for a building in any district where such use is permitted by special exception
unless and until such approval has been duly granted by the board having jurisdiction thereof.
G.
No building permit shall be issued for any building until approval has been received from the Suffolk County
Department of Health Services for the proposed water supply and sewage disposal system.
H.
The building permit application and all supporting documentation shall be made in triplicate. Upon the issuance
of a building permit, the Building Inspector shall return one copy of all filed documents to the applicant.
I.
Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other
regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in
writing, the extension of the permit for an additional six months. Thereafter, a renewal permit shall be required.
J.
As soon as the foundation of a building or of any addition to an existing building is completed and before first-
story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey,
signed by the person responsible for said survey, showing the exact location of such foundation with respect to
the street and property lines of the lot. No further construction shall be performed until such survey is approved
by the Building Inspector.
C. Applications for Building Permits. Applications for a Building Permit shall be made in writing on a
form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the
owner of the property where the work is to be performed or an authorized agent of the owner. The application
shall include such information as the Building Inspector deems sufficient to permit a determination by the
Building Inspector that the intended work complies with all applicable requirements of the Uniform Code and
the Energy Code. The application shall include or be accompanied by the following information and
documentation:
(1) a description of the location, nature, extent, and scope of the proposed work;
(2) the tax map number and the street address of any affected building or structure;
(3) the occupancy classification of any affected building or structure;
(4) where applicable, a statement of special inspections prepared in accordance with the provisions of the
Uniform Code; and
(5) at least 2 sets of construction documents (drawings and/or specifications) which (i) describe the location,
nature, extent, and scope of the proposed work; (ii) show that the proposed work will conform to the applicable
provisions of the Codes; (iii) show the location, construction, size, and character of all portions of the means of
egress; (iv) show a representation of the building thermal envelope; (v) show structural information including
but not limited to braced wall designs, the size, section, and relative locations of structural members, design
loads, and other pertinent structural information; (vi) show the proposed structural, electrical, plumbing,
mechanical, fire-protection, and other service systems of the building; (vii) include a written statement
indicating compliance with the Energy Code; (viii) include a site plan, drawn to scale and drawn in accordance
with an accurate boundary survey, showing the size and location of new construction and existing structures and
appurtenances on the site, distances from lot lines, the established street grades and the proposed finished
grades, and, as applicable, flood hazard areas, floodways, and design flood elevations; and (ix) evidence that the
documents were prepared by a licensed and registered architect in accordance with Article 147 of the New York
State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the
New York State Education Law and practice guidelines, including but not limited to the design professional’s
seal which clearly and legibly shows both the design professional’s name and license number and is signed by
the design professional whose name appears on the seal in such a manner that neither the name nor the number
is obscured in any way, the design professional’s registration expiration date, the design professional’s firm
name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not
a sole practitioner professional engineer, the firm’s Certificate of Authorization number.
(e) Construction documents. Construction documents will not be accepted as part of an application for a
Building Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of this section.
Construction documents which are accepted as part of the application for a Building Permit shall be marked as
accepted by the Building Inspector in writing or by stamp, or in the case of electronic media, an electronic
marking. One set of the accepted construction documents shall be retained by the Building Inspector, and one
set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to
be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction
documents to the applicant shall not be construed as authorization to commence work, nor as an indication that
a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued.
(f) Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain
whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy
Code. The Building Inspector shall issue a Building Permit if the proposed work is in compliance with the
applicable requirements of the Uniform Code and Energy Code.
(g) Building Permits to be displayed. Building permits shall be visibly displayed at the work site and shall
remain visible until the authorized work has been completed.
(h) Work to be in accordance with construction documents. All work shall be performed in accordance with
the construction documents which were submitted with and accepted as part of the application for the Building
Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the
Building Inspector of any change occurring during the course of the work. The Building Permit shall contain
such a directive. If the Building Inspector determines that such change warrants a new or amended Building
Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such
change is issued.
(i) Time limits. Building Permits shall become invalid unless the authorized work is commenced within 6
months following the date of issuance. Building Permits shall expire 12 months after the date of issuance. A
Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed
upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the
Building Inspector.
(j) Revocation or suspension of Building Permits. If the Building Inspector determines that a Building
Permit was issued in error because of incorrect, inaccurate, or incomplete information, or that the work for
which a Building Permit was issued violates the Uniform Code or the Energy Code, the Building Inspector shall
revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates
that (1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the
Energy Code and (2) all work then proposed to be performed shall be in compliance with all applicable
provisions of the Uniform Code and the Energy Code.
D K.
Permit fees.
Fee. The fee specified in or determined in accordance with the provisions set forth in this local law must be paid
at the time of submission of an application for a Building Permit, for an amended Building Permit, or for
renewal of a Building Permit.
(1)
The following fees shall be paid upon the filing of an application with the Building Inspector for a building
permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant
if the application is denied:
(a)
Single-family dwellings:
\[1\]
New dwellings and alterations or additions to existing dwellings: $200, plus $0.40 for each square foot of floor
area.
\[2\]
Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each
square foot of floor area.
(b)
Farm buildings and additions or alterations to existing farm buildings: $150 for each building.
(c)
Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries:
\[1\]
New buildings and additions and alterations to existing buildings: $250, plus $0.40 for each square foot of floor
area.
\[2\]
Accessory buildings and additions and alterations to existing accessory buildings: $100, plus $0.40 for each
square foot of floor area.
(d)
Foundations constructed under existing buildings: $200.
(e)
In-ground swimming pools, together with required enclosure fencing: $250; aboveground swimming pools,
together with required enclosure fencing: $250.
(f)
The permit fee for all signs shall be $75 per permit.
(g)
Demolition and/or removal of any building: $100 minimum and $0.30 for each square foot of floor area.
(h)
Deer exclusion fences erected in accordance with § 280-105: $75.
(i)
The fee for standard applications for any residential solar energy system shall be $50.
(j)
The permit fee for tents shall be $50 per permit.
(2)
If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of $50.
(3)
For the purpose of this Subsection K, cellars, decks, attached garages and any habitable area shall be included in
the calculation of floor area.
(4)
Preconstruction fee. If any land clearing or excavation or building or commencement of any construction
activity is without the benefit of applicable Town permits, all fees associated with any land clearing or
excavation or building or construction activity will be equal to double the otherwise applicable fee for all
permits as provided by this chapter.
(5)
Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but
not limited to fire districts, school districts, park districts and the like.
(6)
In the event that a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee
paid within one year of issuance, provided that no construction has commenced.
§ 144-9
Issuance or denial of building permit.
A.
The Building Inspector shall approve or disapprove the application within a reasonable time, and in all events
within 10 business days.
B.
Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to
the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed
thereto.
C.
Upon approval of the application, two sets of plans and specifications shall be endorsed with the word
"approved." One set of such approved plans and specifications shall be retained in the offices of the Building
Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept
at the building site, open to inspection by the Building Inspector or his authorized representative at all
reasonable times.
D.
If the application, together with plans, specifications and other documents filed therewith, describes proposed
work which does not conform to all the requirements of the Uniform Code and all other applicable building
regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the
applicant. The Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted
to the applicant in writing.
§144-10 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA.
(a) The Building Inspector shall determine the climatic and geographic design criteria for buildings and
structures constructed within this Town of Southold as required by the Uniform Code. Such determinations
shall be made in the manner specified in the Uniform Code using, where applicable, the maps, charts, and other
information provided in the Uniform Code. The criteria to be so determined shall include but shall not
necessarily be limited to, the following:
(1) design criteria to include ground snow load; wind design loads; seismic category; potential damage from
weathering, frost, and termite; winter design temperature; whether ice barrier underlayment is required; the air
freezing index; and the mean annual temperature;
(2) heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design
criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and
(3) flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall include, at a
minimum, special flood hazard areas as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
(i) the accompanying Flood Insurance Rate Map (FIRM);
(ii) Flood Boundary and Floodway Map (FBFM); and
(iii) related supporting data along with any revisions thereto.
(b) The Building Inspector shall prepare a written record of the climatic and geographic design criteria
determined pursuant to subdivision (a) of this section, shall maintain such record within the office of the
Building Inspector, and shall make such record readily available to the public.
§ 144-10
Performance of work under permit.
A.
A building permit shall be effective to authorize the commencing of work in accordance with the application,
plans and specifications on which it is based, for a period of 18 months after the date of its issuance. For good
cause, the Building Inspector may allow an extension for a period not exceeding six months.
B.
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in
accordance with the approved plans and specifications and in accordance with the Uniform Code and applicable
building laws, ordinances or regulations. All work shall conform to the approved application, plans and
specifications.
C.
Compliance with the following regulations shall be a continuing condition for the validity and existence of any
building permit and issuance of a certificate of occupancy by the Town of Southold:
(1)
Stormwater runoff generated as a result of up to a two-inch rainfall, or its equivalent in melting snow/ice, shall
be contained on-site during construction. Implementation of and use of erosion control measures and devices to
prevent soil erosion and flooding of neighboring properties and roadways shall be required, including but not
limited to straw bales, silt control fences, and/or grading.
(2)
Prior to the issuance of a certificate of occupancy, it shall be determined that drainage of roofs and paved areas,
yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public
nuisance.
(3)
Prior to the issuance of a certificate of occupancy, all premises shall be graded and maintained to prevent the
erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located
thereon.
(4)
Where a construction site is traversed by a watercourse, drainageway, channel or stream, provision shall be
made to divert that waterway around any areas disturbed by construction and reconnected to its natural path by
means of culverts or other measures.
D.
Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work
has been completed.
§ 144-11
Building permit fees.
A.
Upon filing of an application for a building permit, fees shall be paid in accordance with § 144-8 of the Town
Code.
B.
In the event that a building permit expires as set forth in § 144-8I, the applicant shall remit an additional fee in
an amount equal to 50% of the fee paid in connection with the original application to renew the building permit.
C.
In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund
of 50% of the fee paid, provided that no construction has been commenced. If construction work has been
started and the application is not approved, the fees paid shall not be refunded.
§ 144-12
Revocation of building permit.
The Building Inspector may revoke a building permit theretofore issued and approved in the following
instances:
A.
Where he finds that there has been any false statement or misrepresentation as to a material fact in the
application, plans or specifications on which the building permit was based.
B.
Where he finds that the building permit was issued in error because of incorrect, inaccurate or incomplete
information, or that the work for which a building permit was issued violates the Uniform Code or the Energy
Code, the Building Inspector shall revoke the building permit or suspend the building permit until such time as
the permit holder demonstrates that all work then completed is in compliance with all applicable provisions of
the Uniform Code and the Energy Code and all work then proposed to be performed shall be in compliance with
all applicable provisions of the Uniform Code and the Energy Code.
C.
Where he finds that the work performed under the permit is not being prosecuted in accordance with the
provisions of the application, plans or specifications.
D.
Where the person to whom a building permit has been issued fails or refuses to comply with a stop-work order
issued by the Building Inspector.
§ 144-13
Stop-work orders.
A.
The Building Inspector is authorized to issue stop-work orders pursuant to this section. The Building Inspector
shall issue a stop-work order to halt:
(1)
Any work that is determined by the Building Inspector to be contrary to any applicable provision of the
Uniform Code or the Energy Code, without regard to whether such work is or is not work for which a building
permit is required, and without regard to whether a building permit has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Building Inspector,
without regard to whether such work is or is not work for which a building permit is required, and without
regard to whether a building permit has or has not been issued for such work; or
(3)
Any work for which a building permit is required which is being performed without the required building
permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.
B. Content of Stop Work Orders. Stop Work Orders shall:
(1) be in writing;
(2) be dated and signed by the Building Inspector;
(3) state the reason or reasons for issuance; and
(4) if applicable, state the conditions which must be satisfied before work will be permitted to resume.
C.
The Building Inspector shall cause the stop-work order, or a copy thereof, to be served on the owner of the
affected property, and if the owner is not the permit holder, on the permit holder, personally or by certified mail
to the owner or permit holder and posting at the work site. The Building Inspector shall be permitted, but not
required, to cause the stop-work order, or a copy thereof, to be served on any or all of the following: builder,
architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person
taking part or assisting in work affected by the stop-work order, personally or by certified mail and posting;
provided, however, that failure to serve any person listed above shall not affect the efficacy of the stop-work
order.
D.
Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other
person performing, taking part in or assisting in the work shall immediately cease all work which is the subject
of the stop-work order, other than work expressly authorized by the Building Inspector or Code Enforcement
Officer to correct the reason for issuing the Stop Work Order.
E.
The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in
this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or
limitation of, the right and authority to pursue any other remedy or impose any other penalty under any other
applicable local or state law. Any such remedy or penalty may be pursued at any time, whether prior to, at the
time of, or after the issuance of a stop-work order.
§ 144-14
Right of entry.
Any Building Inspector, upon the showing of proper credentials and in the discharge of his duties, may enter
upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent
such entry.
§ 144-15
Certificate of occupancy required; application.
A.
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall
have been issued by the Building Inspector.
B.
No building hereafter enlarged, extended or altered, or upon which work has been performed which required the
issuance of a building permit, shall be occupied or used unless a certificate of occupancy shall have been issued
by the Building Inspector.
C.
No change shall be made in the use or type of occupancy of an existing building unless a certificate of
occupancy authorizing such change shall have been issued by the Building Inspector.
D.
The owner or his agent shall make application for a certificate of occupancy. Accompanying his application and
before the issuance of a certificate of occupancy, there shall be filed by the Building Inspector an affidavit of
the registered architect or licensed professional engineer who filed the original plans, or of the registered
architect or licensed professional engineer who supervised the construction of the work, or of the building
contractor who supervised the work and who, by reason of his experience, is qualified to superintend the work
for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined and
approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected
in accordance with approved plans and, as erected, complies with the Uniform Code and Energy Code and other
laws governing building construction except insofar as variations therefrom have been legally authorized. Such
variations shall be specified in the affidavit.
E. Certificates of Occupancy and Certificates of Compliance required. A Certificate of Occupancy or
Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all
structures, buildings, or portions thereof, which are converted from one use or occupancy classification or
subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a
Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy or
Certificate of Compliance.
F. Issuance of Certificates of Occupancy and Certificates of Compliance. The Building Inspector shall
issue a Certificate of Occupancy or Certificate of Compliance if the work which was the subject of the Building
Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and,
if applicable, that the structure, building or portion thereof that was converted from one use or occupancy
classification or subclassification to another complies with all applicable provisions of the Uniform Code and
Energy Code. The Building Inspector or an Code Enforcement Officer authorized by the Building Inspector
shall inspect the building, structure, or work prior to the issuance of a Certificate of Occupancy or Certificate of
Compliance. In addition, where applicable, the following documents, prepared in accordance with the
provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to
the Building Inspector, at the expense of the applicant for the Certificate of Occupancy or Certificate of
Compliance, shall be provided to the Building Inspector prior to the issuance of the Certificate of Occupancy or
Certificate of Compliance:
(1) a written statement of structural observations and/or a final report of special inspections,
(2) flood hazard certifications,
(3) a written statement of the results of tests performed to show compliance with the Energy Code, and
(4) where applicable, the affixation of the appropriate seals, insignias, and manufacturer’s data plates as
required for factory manufactured buildings and/or manufactured homes.
G. Contents of Certificates of Occupancy and Certificates of Compliance. A Certificate of Occupancy or
Certificate of Compliance shall contain the following information:
(1) the Building Permit number, if any;
(2) the date of issuance of the Building Permit, if any;
(3) the name (if any), address and tax map number of the property;
(4) if the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire structure, a
description of that portion of the structure for which the Certificate of Occupancy or Certificate of Compliance
is issued;
(5) the use and occupancy classification of the structure;
(6) the type of construction of the structure;
(7) the occupant load of the assembly areas in the structure, if any;
(8) any special conditions imposed in connection with the issuance of the Building Permit; and
(9) the signature of the Building Inspector issuing the Certificate of Occupancy or Certificate of Compliance
and the date of issuance.
H. Temporary Certificate of Occupancy. The Building Inspector shall be permitted to issue a Temporary
Certificate of Occupancy allowing the temporary occupancy of a building or structure, or a portion thereof,
prior to completion of the work which is the subject of a Building Permit. However, in no event shall the
Building Inspector issue a Temporary Certificate of Occupancy unless the Building Inspector determines (1)
that the building or structure, or the portion thereof covered by the Temporary Certificate of Occupancy, may be
occupied safely, (2) that any required fire and life safety components, such as fire protection equipment and fire,
smoke, carbon monoxide, and heat detectors and alarms are installed and operational, and (3) that all required
means of egress from the structure have been provided. The Building Inspector may include in a Temporary
Certificate of Occupancy such terms and conditions as he or she deems necessary or appropriate to ensure the
health and safety of the persons occupying and using the building or structure and/or performing further
construction work in the building or structure. A Temporary Certificate of Occupancy shall be effective for a
period of time, not to exceed \[specify interval - DOS suggests interval not to exceed 6 months\] months, which
shall be determined by the Building Inspector and specified in the Temporary Certificate of Occupancy. During
the specified period of effectiveness of the Temporary Certificate of Occupancy, the Permit Holder shall
undertake to bring the building or
structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.
I. Revocation or suspension of certificates. If the Building Inspector determines that a Certificate of
Occupancy, Certification of Compliance, or a Temporary Certificate of Occupancy was issued in error or on the
basis of incorrect information, and if the relevant deficiencies are not corrected to the satisfaction of the
Building Inspector within such period of time as shall be specified by the Building Inspector, the Building
Inspector shall revoke or suspend such certificate.
J. Fee. The fee specified in or determined in accordance with the provisions set forth in this local law must
be paid at the time of submission of an application for a Certificate of Occupancy, Certificate of Compliance, or
for Temporary Certificate of Occupancy.
E.
Certificate of occupancy fees.
(1)
The following fees shall be paid upon the filing of an application with the Building Inspector for a building
permit, which fee shall be paid into the general fund if the application is approved or returned to the applicant if
the application is denied:
(a)
Business buildings and/or business uses and additions and alterations thereto: $50.
(b)
New dwellings and additions and alterations thereto: $50.
(c)
Accessory buildings and additions and alterations thereto: $50.
(d)
Preexisting dwellings: $100.
(e)
Updated certificates of occupancy by reason of additions or alterations: $50.
(f)
Copies of certificates of occupancy: $0.25.
(2)
Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts, including but not
limited to fire districts, "school districts, park districts and the like.
§ 144-16
Inspection prior to issuance of certificate; records.
A.
Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all
buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge,
alter, repair, remove, demolish or change the use or occupancy; and he may conduct such inspections as he
deems appropriate from time to time during and upon completion of the work for which a building permit has
been issued.
B.
There shall be maintained by the Building Inspector a record of all such examinations and inspections, together
with a record of findings of violations of the Uniform Code, the Energy Code, and other applicable laws.
§ 144-17
Issuance of certificate of occupancy.
A.
The Building Inspector shall issue a certificate of occupancy if the work which was the subject of the building
permit was completed in accordance with all applicable provisions of the Uniform Code, the Energy Code and,
if applicable, that the structure, building or portion thereof that was converted from one use or occupancy
classification or subclassification to another complies with all applicable provisions of the Uniform Code and
the Energy Code. The Building Inspector shall inspect the building, structure or work prior to the issuance of a
certificate of occupancy. In addition, where applicable, the following documents, prepared in accordance with
the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable
to the Building Inspector, at the expense of the applicant for the certificate of occupancy, shall be provided to
the Building Inspector prior to the issuance of the certificate of occupancy:
(1)
A written statement of structural observations and/or a final report of special inspections; and
(2)
Flood hazard certifications.
B.
A certificate of occupancy shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy is not applicable to an entire structure, a description of that portion of the
structure for which the certificate of occupancy is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure;
(8)
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of the building permit; and
(10)
The signature of the Building Inspector issuing the certificate of occupancy and the date of issuance.
§ 144-18 17
Temporary certificates of occupancy; fee.
Upon request, and the payment of a fee of $25, the Building Inspector may issue a temporary certificate of
occupancy for a building or structure or part thereof before the entire work covered by the building permit shall
have been completed, provided that such portion or portions as have been completed may be occupied safely
without endangering life or the public welfare.
§ 144-19 18
Tests for compliance with standards.
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does
not conform to the requirements of the Uniform Code or the applicable building laws, ordinances or regulations,
the Building Inspector may require the same to be subjected to tests in order to furnish proof of such
compliance.
§144-19 OPERATING PERMITS.
(a) Operation Permits required. Operating Permits shall be required for conducting any process or activity
or for operating any type of building, structure, or facility listed below:
(1) manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the
applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS;
(2) buildings, structures, facilities, processes, and/or activities that are within the scope and/or permit
requirements of the chapter or section title of the FCNYS as follows:
(i) Chapter 22, “Combustible Dust-Producing Operations.” Facilities where the operation produces
combustible dust;
(ii) Chapter 24, “Flammable Finishes.” Operations utilizing flammable or combustible liquids, or the
application of combustible powders regulated by Chapter 24 of the FCNYS;
(iii) Chapter 25, “Fruit and Crop Ripening.” Operating a fruit- or crop-ripening facility or conducting a fruit-
ripening process using ethylene gas;
(iv) Chapter 26, “Fumigation and Insecticidal Fogging.” Conducting fumigation or insecticidal fogging
operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the
occupant of a detached one-family dwelling;
(v) Chapter 31, “Tents, Temporary Special Event Structures, and Other Membrane Structures.” Operating
an air-supported temporary membrane structure, a temporary special event structure, or a tent where approval is
required pursuant to Chapter 31 of the FCNYS;
(vi) Chapter 32, “High-Piled Combustible Storage.” High-piled combustible storage facilities with more than
500 square feet (including aisles) of high-piled storage;
(vii) Chapter 34, “Tire Rebuilding and Tire Storage.” Operating a facility that stores in excess of 2,500 cubic
feet of scrap tires or tire byproducts or operating a tire rebuilding plant;
(viii) Chapter 35, “Welding and Other Hot Work.” Performing public exhibitions and demonstrations where
hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an
operating permit is not required where work is conducted under the authorization of a building permit or where
performed by the occupant of a detached one- or two-family dwelling;
(ix) Chapter 40, “Sugarhouse Alternative Activity Provisions.” Conducting an alternative activity at a
sugarhouse;
(x) Chapter 56, “Explosives and Fireworks.” Possessing, manufacturing, storing, handling, selling, or using,
explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices
as defined by Penal Law section 270;
(xi) Section 307, “Open Burning, Recreational Fires and Portable Outdoor Fireplaces.” Conducting open
burning, not including recreational fires and portable outdoor fireplaces;
(xii) Section 308, “Open Flames.” Removing paint with a torch, or using open flames, fire, and burning in
connection with assembly areas or educational occupancies; and
(xiii) Section 319, “Mobile Food Preparation Vehicles.” Operating a mobile food preparation vehicle in
accordance with the permitting requirements as hereafter amended from time to time.
(3) energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or
exceeds the permitted aggregate ratings in section R327.5 of the RCNYS.
(4) buildings containing one or more assembly areas;
(5) outdoor events where the planned attendance exceeds 1,000 persons;
(6) facilities that store, handle or use hazardous production materials;
(7) parking garages as defined in this local law;
(8) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety,
as determined by resolution adopted by the Town Board of the Town of Southold; and
(9) other processes or activities or for operating any type of building, structure, or facility as determined by
resolution adopted by the Town Board of the Town of Southold.
Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision
(a) shall be required to obtain an Operating Permit prior to commencing such activity or operation.
(b) Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form
provided by or otherwise acceptable to the Building Inspector. Such application shall include such information
as the Building Inspector deems sufficient to permit a determination by the Building Inspector that quantities,
materials, and activities conform to the requirements of the Uniform Code. If the Building Inspector determines
that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by
such person or persons as may be designated by or otherwise acceptable to the Building Inspector, at the
expense of the applicant.
(c) Exemptions. Operating permits shall not be required for processes or activities, or the buildings,
structures, or facilities listed in paragraphs (1) through (7) of subdivision
(a) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of
compliance, fire safety and property maintenance inspections are performed in accordance with section 11 (Fire
Safety and Property Maintenance Inspections) of this local law, and condition assessments are performed in
compliance with section 13 (Condition Assessments of Parking Garages) of this local law, as applicable.
(d) Inspections. The Building Inspector or an Inspector authorized by the Building Inspector shall inspect
the subject premises prior to the issuance of an Operating Permit. Such inspections shall be performed either in-
person or remotely. Remote inspections in lieu of in-person inspections may be performed when, at the
discretion of the Building Inspector or an Inspector authorized by the Building Inspector, the remote inspection
can be performed to the same level and quality as an in-person inspection and the remote inspection shows to
the satisfaction of the Building Inspector or Code Enforcement Officer authorized by the Building Inspector that
the premises conform with the applicable requirements of the Uniform Code and the code enforcement
program. Should a remote inspection not afford the Town of Southold sufficient information to make a
determination, an in-person inspection shall be performed. After inspection, the premises shall be noted as
satisfactory and the operating permit shall be issued, or the operating permit holder shall be notified as to the
manner in which the premises fail to comply with either or both of the Uniform Code and the code enforcement
program, including a citation to the specific provision or provisions that have not been met.
(e) Multiple Activities. In any circumstance in which more than one activity listed in subdivision (a) of this
section is to be conducted at a location, the Building Inspector may require a separate Operating Permit for each
such activity, or the Building Inspector may, in their discretion, issue a single Operating Permit to apply to all
such activities.
(f) Duration of Operating Permits. Operating permits shall be issued for a specified period of time
consistent with local conditions, but in no event to exceed as follows:
(1) thirty (30) days for tents, special event structures, and other membrane structures;
(2) thirty (30) days for alternative activities at a sugarhouse;
(3) three (3) years for the activities, structures, and operations determined per paragraph (9) of subdivision
(a) of this section, and
(4) one (1) year for all other activities, structures, and operations identified in subdivision (a) of this section.
The effective period of each Operating Permit shall be specified in the Operating Permit. An Operating Permit
may be reissued or renewed upon application to the Building Inspector, payment of the applicable fee, and
approval of such application by the Building Inspector.
(g) Revocation or suspension of Operating Permits. If the Building Inspector determines that any activity or
building for which an Operating Permit was issued does
not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or
suspended.
(h) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees)
of this local law must be paid at the time submission of an application for an Operating Permit, for an amended
Operating Permit, or for reissue or renewal of an Operating Permit.
§144-20 CONDITION ASSESSMENTS OF PARKING GARAGES.
(a) Definitions. For the purposes of this section:
(1) the term “condition assessment” means an on-site inspection and evaluation of a parking garage for
evidence of deterioration of any structural element or building component of such parking garage, evidence of
the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage
is an unsafe structure;
(2) the term “deterioration” means the weakening, disintegration, corrosion, rust, or decay of any structural
element or building component, or any other loss of effectiveness of a structural element or building
component;
(3) the term “parking garage” means any building or structure, or part thereof, in which all or any part of
any structural level or levels is used for parking or storage of motor vehicles, excluding:
(i) buildings in which the only level used for parking or storage of motor vehicles is on grade;
(ii) an attached or accessory structure providing parking exclusively for a detached one- or two-family
dwelling; and
(iii) a townhouse unit with attached parking exclusively for such unit;
(4) the term “professional engineer” means an individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering in the State of New York and who
has at least three years of experience performing structural evaluations;
(5) the term “responsible professional engineer” means the professional engineer who performs a condition
assessment, or under whose supervision a condition assessment is performed, and who seals and signs the
condition assessment report. The use of the term “responsible professional engineer” shall not be construed as
limiting the professional responsibility or liability of any professional engineer, or of any other licensed
professional, who participates in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
(6) the term “unsafe condition” includes the conditions identified as “unsafe” in section 304.1.1, section
305.1.1, and section 306.1.1 of the PMCNYS; and
(7) the term “unsafe structure” means a structure that is so damaged, decayed, dilapidated, or structurally
unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible.
(b) Condition Assessments - general requirements. The owner operator of each parking garage shall cause
such parking garage to undergo an initial condition assessment as described in subdivision (c) of this section,
periodic condition assessments as described in subdivision (d) of this section, and such additional condition
assessments as may be required under subdivision (e) of this section. Each condition assessment shall be
conducted by or under the direct supervision of a professional engineer. A written report of each condition
assessment shall be prepared, and provided to the Town of Southold, in accordance with the requirements of
subdivision (f) of this section. Before performing a condition assessment (other than the initial condition
assessment) of a parking garage, the responsible professional engineer for such condition assessment shall
review all available previous condition assessment reports for such parking garage.
(c) Initial Condition Assessment. Each parking garage shall undergo an initial condition assessment as
follows:
(1) Parking garages constructed on or after August 29, 2018, shall undergo an initial condition assessment
following construction and prior to a certificate of occupancy or certificate of compliance being issued for the
structure.
(2) Parking garages constructed prior to August 29, 2018, shall undergo an initial condition assessment as
follows:
(i) if originally constructed prior to January 1, 1984, then prior to October 1, 2019;
(ii) if originally constructed between January 1, 1984 and December 31, 2002, then prior to October 1,
2020; and
(iii) if originally constructed between January 1, 2003 and August 28, 2018, then prior to October 1, 2021.
(3) Any parking garage constructed prior to the effective date of the local law enacting this provision that
has not undergone an initial condition assessment prior to that effective date shall undergo an initial condition
assessment prior to six (6) months after the effective date of this local law.
(d) Periodic Condition Assessments. Following the initial condition assessment of a parking garage, such
parking garage shall undergo periodic condition assessments at intervals not to exceed three (3) years.
(e) Additional Condition Assessments.
(1) If the latest condition assessment report for a parking garage includes a recommendation by the
responsible professional engineer that an additional condition assessment of such parking garage, or any portion
of such parking garage, be performed before the date by which the next periodic condition assessment would be
required under subdivision (c) of this section, the owner or operator of such parking garage shall cause such
parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional
engineer) to undergo an additional condition assessment no later than the date recommended in such condition
assessment report.
(2) If the Town of Southold becomes aware of any new or increased deterioration which, in the judgment of
the Town of Southold, indicates that an additional condition assessment of the entire parking garage, or of the
portion of the parking garage affected by such new or increased deterioration, should be performed before the
date by which the next periodic condition assessment would be required under subdivision (c) of this section,
the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of
the parking garage affected by such new or increased deterioration) to undergo an additional condition
assessment no later than the date determined by the Town of Southold to be appropriate.
(f) Condition Assessment Reports. The responsible professional engineer shall prepare, or directly
supervise the preparation of, a written report of each condition assessment, and shall submit such condition
assessment report to the Town of Southold within sixty (60) days. Such condition assessment report shall be
sealed and signed by the responsible professional engineer, and shall include:
(1) an evaluation and description of the extent of deterioration and conditions that cause deterioration that
could result in an unsafe condition or unsafe structure;
(2) an evaluation and description of the extent of deterioration and conditions that cause deterioration that,
in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe
condition or unsafe structure;
(3) an evaluation and description of the unsafe conditions;
(4) an evaluation and description of the problems associated with the deterioration, conditions that cause
deterioration, and unsafe conditions;
(5) an evaluation and description of the corrective options available, including the recommended timeframe
for remedying the deterioration, conditions that cause deterioration, and unsafe conditions;
(6) an evaluation and description of the risks associated with not addressing the deterioration, conditions
that cause deterioration, and unsafe conditions;
(7) the responsible professional engineer’s recommendation regarding preventative maintenance;
(8) except in the case of the report of the initial condition assessment, the responsible professional
engineer’s attestation that he or she reviewed all previously prepared condition assessment reports available for
such parking garage, and considered the information in the previously prepared reports while performing the
current condition assessment and while preparing the current report; and
(9) the responsible professional engineer’s recommendation regarding the time within which the next
condition assessment of the parking garage or portion thereof should be performed. In making the
recommendation regarding the time within which the next condition assessment of the parking garage or portion
thereof should be performed, the responsible professional engineer shall consider the parking garage’s age,
maintenance history, structural condition, construction materials, frequency and intensity of use, location,
exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in
their professional judgment.
(g) Review Condition Assessment Reports. The Town of Southold shall take such enforcement action or
actions in response to the information in such condition assessment report as may be necessary or appropriate to
protect the public from the hazards that may result from the conditions described in such report. In particular,
but not by way of limitation, the Town of Southold shall, by Order to Remedy or such other means of
enforcement as the Town of Southold may deem appropriate, require the owner or operator of the parking
garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe
conditions identified in such condition assessment report pursuant to paragraphs (2) and (3) of subdivision (f).
All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall
not limit or impair the right of the Town of Southold to take any other enforcement action, including but not
limited to suspension or revocation of a parking garage’s operating permit, as may be necessary or appropriate
in response to the information in a condition assessment report.
(h) The Town of Southold shall retain all condition assessment reports for the life of the parking garage.
Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking
garage, and who provides the Town of Southold with a written statement attesting to the fact that he or she has
been so engaged, the Town of Southold shall make the previously prepared condition assessment reports for
such parking garage (or copies of such reports) available to such professional engineer. The Town of Southold
shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses
associated with making such previously prepared condition assessment reports (or copies thereof) available to
the professional engineer.
(i) This section shall not limit or impair the right or the obligation of the Town of Southold:
(1) to perform such construction inspections as are required by section 5 (Construction Inspections) of this
local law;
(2) to perform such periodic fire safety and property maintenance inspections as are required by section
144-12 (Fire Safety and Property Maintenance Inspections) of this local law; and/or
(3) to take such enforcement action or actions as may be necessary or appropriate to respond to any
condition that comes to the attention of the Town of Southold by means of its own inspections or observations,
by means of a complaint, or by any other means other than a condition assessment or a report of a condition
assessment.
§144-21
NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing firefighting services for a property within this Town of Southold
shall promptly notify the Building Inspector of any fire or explosion involving any structural damage, fuel
burning appliance, chimney, or gas vent.
§ 144-22 UNSAFE BUILDINGS, STRUCTURES, AND EQUIPMENT AND CONDITIONS OF IMMINENT
DANGER
Unsafe buildings, structures, and equipment and conditions of imminent danger in this Town of Southold shall
be identified and addressed in accordance with the procedures established by Chapter 100 of the Town Code, as
now in effect or as hereafter amended from time to time.
§144-23 FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS
(a) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall
be performed by the Building Inspector or an Code Enforcement Officer designated by the Building Inspector at
the following intervals:
(1) at least once every twelve (12) months for buildings which contain an assembly area;
(2) at least once every twelve (12) months for public and private schools and colleges, including any
buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories,
physical education, dining, or recreational facilities; and
(3) at least once every thirty-six (36) months for multiple dwellings and all nonresidential occupancies.
(b) Remote inspections. At the discretion of the Building Inspector or Inspector authorized to perform fire
safety and property maintenance inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Building Inspector or such authorized Inspector, the remote inspection
can be performed to the same level and quality as an in-person inspection and the remote inspection shows to
the satisfaction of the Building Inspector or such authorized Inspector that the premises conform with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the
applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. Should a
remote inspection not afford the Building Inspector or such authorized Inspector sufficient information to make
a determination, an in-person inspection shall be performed.
(c) Inspections permitted. In addition to the inspections required by subdivision (a) of this section, a fire
safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling
unit, may also be performed by the Building Inspector or an Inspector authorized to perform fire safety and
property maintenance inspections at any time upon:
(1) the request of the owner of the property to be inspected or an authorized agent of such owner;
(2) receipt by the Building Inspector of a written statement alleging that conditions or activities failing to
comply with the Uniform Code or Energy Code exist; or
(3) receipt by the Building Inspector of any other information, reasonably believed by the Building
Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply
with the Uniform Code or Energy Code exist;
provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any
circumstances under which a court order or warrant permitting such inspection is required, unless such court
order or warrant shall have been obtained.
(d) OFPC Inspections. Nothing in this section or in any other provision of this local law shall supersede,
limit, or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and
Control (“OFPC”) and the New York State Fire Administrator or other authorized entity under Executive Law
section 156-e and Education Law section 807-b.
Notwithstanding any other provision of this section to the contrary, the Building Inspector may accept an
inspection performed by the Office of Fire Prevention and Control or other authorized entity pursuant to
sections 807-a and 807-b of the Education Law and/or section 156-e of the Executive Law, in lieu of a fire
safety and property maintenance inspection performed by the Building Inspector or by an authorized Inspector,
provided that:
(1) the Building Inspector is satisfied that the individual performing such inspection satisfies the
requirements set forth in 19 NYCRR section 1203.2(e);
(2) the Building Inspector is satisfied that such inspection covers all elements required to be covered by a
fire safety and property maintenance inspection;
(3) such inspections are performed no less frequently than once a year;
(4) a true and complete copy of the report of each such inspection is provided to the Building Inspector; and
(5) upon receipt of each such report, the Building Inspector takes the appropriate action prescribed by
section 17 (Violations) of this local law.
(e) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees)
of this local law must be paid prior to or at the time each inspection performed pursuant to this section. This
subdivision shall not apply to inspections performed by OFPC.
§144-24 COMPLAINTS
The Building Inspector shall review and investigate complaints which allege or assert the existence of
conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other
local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the
Energy Code.
The process for responding to a complaint shall include such of the following steps as the Building Inspector
may deem to be appropriate:
(a) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting
the results of such inspection;
(b) if a violation is found to exist, providing the owner of the affected property and any other Person who
may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the
violation, or otherwise proceeding in the manner described in section 144-26 of this local law;
(c) if appropriate, issuing a Stop Work Order;
(d) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the
violation has been abated or corrected, preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
§ 144-20 25
Compliance required; penalties for offenses.
A.
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish,
equip, use or occupy or maintain any building or structure or portion thereof in violation of any provisions of
this chapter, or to fail in any manner to comply with a notice, directive or order of the Building Inspector, or to
construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an
approved building permit or certificate of occupancy.
(a) Orders to Remedy. The Building Inspector is authorized to order in writing the remedying of any
condition or activity found to exist in, on or about any building, structure, or premises in violation of the
Uniform Code, the Energy Code, or this local law. An Order to Remedy shall be in writing; shall be dated and
signed by the Building Inspector; shall specify the condition or activity that violates the Uniform Code, the
Energy Code, or this local law; shall specify the provision or provisions of the Uniform Code, the Energy Code,
or this local law which is/are violated by the specified condition or activity; and shall include a statement
substantially similar to the following:
“The person or entity served with this Order to Remedy must completely remedy each violation described in
this Order to Remedy by \[specify date\], which is thirty (30) days after the date of this Order to Remedy.”
The Order to Remedy may include provisions ordering the person or entity served with such Order to Remedy
(1) to begin to remedy the violations described in the Order to Remedy immediately, or within some other
specified period of time which may be less than thirty (30) days; to continue diligently to remedy such
violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such
violations within thirty (30) days of the date of such Order to Remedy; and/or (2) to take such other protective
actions (such as vacating the building or barricading the area where the violations exist) which are authorized
by this local law or by any other applicable statute, regulation, rule, local law or ordinance, and which the
Building Inspector may deem appropriate, during the period while such violations are being remedied. The
Building Inspector shall cause the Order to Remedy, or a copy thereof, to be served on the owner of the affected
property personally or by registered mail or certified mail within five (5) days after the date of the Order to
Remedy. The Building Inspector shall be permitted, but not required, to cause the Order to Remedy, or a copy
thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or
their agents, or any other
Person taking part or assisting in work being performed at the affected property personally or by registered mail
or certified mail within five (5) days after the date of the Order to Remedy; provided, however, that failure to
serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order.
(b) Appearance Tickets. The Building Inspector and each Inspector are authorized to issue appearance
tickets for any violation of the Uniform Code.
(c) Penalties. In addition to such other penalties as may be prescribed by State law,
B.
(1) For each offense against any provisions of the Uniform Code, Energy Code, or of this chapter, or any
regulations made pursuant thereto, or failure to comply with a written notice or order of any Building Inspector
within the time fixed for compliance therewith, the 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 any Building Inspector shall, upon a first conviction
thereof, be guilty of a violation 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 $10,000 or imprisonment for a period not to exceed 15 days, or
both such fine and imprisonment.
C.
(2) It shall be unlawful for any person, firm or corporation to erect a tent in violation of the provisions of this
chapter, or to fail in any manner to comply with a notice, directive or order of the Building Inspector or Code
Enforcement Official; the owner, occupant, or their agents or other person who commits any such offense shall,
upon first conviction thereof, be guilty of a violation punishable by a fine not to exceed $1,000. 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 $2,500.
(d) Injunctive Relief. An action or proceeding may be instituted in the name of this Town of Southold, in a
court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any
provision of the Uniform Code, the Energy Code, this local law, or any term or condition of any Building
Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order,
Operating Permit, Order to Remedy, or other notice or order issued by the Building Inspector pursuant to any
provision of this local law. In particular, but not by way of limitation, where the construction or use of a
building or structure is in violation of any provision of the Uniform Code, the Energy Code, this local law, or
any Stop Work Order, Order to Remedy or other order obtained under the Uniform Code, the Energy Code or
this local law, an action or proceeding may be commenced in the name of this Town of Southold, in the
Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of
the building or structure or an abatement of the condition in violation of such provisions. No action or
proceeding described in this subdivision shall be commenced without the appropriate authorization from the
Town Board of this Town of Southold.
(e) Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or
remedy available to address any violation described in this section, and each remedy or penalty specified in this
section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties
specified in this section, in section 144-13 (Stop Work Orders) of this local law, in any other section of this
local law, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any
time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this
section, in section 144-13 (Stop Work Orders) of this local law, in any other section of this local law, or in any
other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this
section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision
(2) of section 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at
any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in subdivision (2)
of section 382 of the Executive Law.
§ 144-21 26
Abatement of violations.
Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to
restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to
prevent illegal acts, conduct or business in or about any premises; and those remedies shall be in addition to the
penalties prescribed in the preceding section.
§144-27 INTERMUNICIPAL AGREEMENTS
The Town Board of this Town of Southold may, by resolution, authorize the Town of Southold to enter into an
agreement, in the name of this Town of Southold, with other governments to carry out the terms of this local
law, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part
1203 of Title 19 of the NYCRR, or any other applicable law.
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-2022-897
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-898
CATEGORY: Budget
DEPARTMENT: Town Clerk
Adopt 2023 Annual Budget
WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of
public hearings on the Preliminary Budget for the fiscal year beginning on January 1, 2023, and heard all
persons desiring to be heard thereon; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary Budget as
st
the Annual Budget of this Town for the fiscal year beginning on the 1 day of January 2023; and be it
FURTHER RESOLVED that such budget as adopted by this Board be entered in detail in the minutes of the
proceedings of this Town Board; and be it
FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said
annual budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any,
adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County
Legislature of the County of Suffolk.
Vote Record - Resolution RES-2022-898
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
Greg Doroski
Supervisor's Appt
Brian O. Mealy
Tax Receiver's Appt
Jill Doherty
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2022-899
CATEGORY: Budget
DEPARTMENT: Town Clerk
Adopt Annual Capital Budget for the Fiscal Year Beginning on the 1St January 2023
WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of
public hearings on the Preliminary Capital Budget for the fiscal year beginning on January 1, 2023, and heard
all persons desiring to be heard thereon, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary Capital
st
Budget, as amended, as the Annual Capital Budget of this Town for the fiscal year beginning on the 1
January 2023; and be it
FURTHER RESOLVED that such capital budget as adopted by this Board be entered in detail in the minutes
of the proceedings of this Town Board; and be it
FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said
annual Capital Budget as adopted by the Town Board of the Town of Southold, together with the estimates, if
any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the
County Legislature of the County of Suffolk.
Vote Record - Resolution RES-2022-899
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
Greg Doroski
Tabled
Withdrawn
Brian O. Mealy
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
VI. Public Hearings
1. PH 11/01 7:00 PM - PH for CDBG Funds
2. Adopt Preliminary Budget & Set PH 11/1 4:00 Pm & 7:00 Pm - 2023 Budget Hearings