HomeMy WebLinkAboutLL #05 2023 STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA 'KATHY HOCHUL
99 WASHINGTON AVENUE GOVERNOR
ALBANY,NY 12231-0001 ROBERT J. RODRIGUEZ
HTTPS://DOS.NY.GOV - SECRETARY OF STATE
RECEIVED
.-'.,,April 5, 2023
APA 1 1 2023
Jennifer M Mudd Southold Town Clerk
Southold Deputy Town Clerk
Town Hall, 53095 Main Road
PO Box-1179
Southold NY 11971
RE: Town of'Southold, Local Law 5 2023, filed on March 31 2023
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny_gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
NEW YORK
STADepartment
TE OF
OPPORTUNITY of State
F
DENIS NONCARROW �� �.�„ Town Hall,53095 Main Road
TOWN CLERK ® P.O.Box 1179
COD Southold,New York 11971
REGISTRAR,OF VITAL STATISTICS � ® o� Fax(631)765-6145
MARRIAGE OFFICER ®� ��®� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 29, 2023
Priority Mail Express EI 011 988 885 US
f
RE: Local Law No. 5 of 2023
Town of Southold, Suffolk County
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany,NY 12231
Dear Sir/Madam:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copies of Local Law No. 5 of 2023 of the Town of
Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
/t--�' "�K-
Jennifer M. Mudd
Deputy Town Clerk
Enclosures
cc: Town Attorney
NEW YORK STATE DEPARTMENT OF STATE
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Albany,NY 12231-0001
Local Lav Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to indicate new matter.
❑ County
❑ City
0 Town of SOUTHOLD
❑ Village
Local Law No. 5 of the year 2023 .
A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 275, Wetlands and Shorelines"
Be it enacted the Town Board of the:
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
I. Purpose.
The Purpose of the amendment is to update the Southold Town Code
II. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding the underlined
words as follows:
III. Chapter 275 - Wetlands and Shorelines
§ 275-2 Definitions; word usage
PIER LINE - The seaward projection created by drawing an imaginary line between the immediately adjacent
existing permitted principal structures, docks, piers, wharves or floats.
§ 275-3 Findings; purpose;jurisdiction; setbacks.
Setbacks.
(1) The following minimum setbacks apply to any and all operations proposed on residential property within
the jurisdiction of the Board of Trustees:
(a) Wetland boundary or bank.
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239-f-1(Rev.04/14)
1
r � ,
§ 275-4 Exceptions.
A. Permit exceptions; nondisturbance buffers.
(1) The provisions of this chapter shall not require a permit for the following:
0) Installation of new or replacement windows, roof shingles, solar
panels, siding or doors on existing upland structures
§ 275-7 Fees.
The fees for all applications, including administrative, non-administrative, docks, floats, and dredging; the fees
for all site inspections including pre-application site inspections; the cost incurred by the town for SEQRA
review; consultant fees including expert opinion as required by the Board of Trustees, shall be established, and
changed as needed, by resolution of the Southold Town Board. A copy of the fee schedule will be kept on file in
the Office of the Town Clerk, and the Office of the Board of Trustees. Trustee fees are nonrefundable.
§ 275-10 Contents of permit.
Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be valid for a period of
three years from the date of approval. Said permit may be renewed for two consecutive one-year periods at the
discretion and review of the Board.
§ 275-11 Construction and operation standards.
C. In water.
(2) Docks.
(b) Dock locations and lengths.
[3] Prohibited locations and activities.
[a] No new docks utilized for residential purposes shall
be permitted on the Great/Little Peconic Bay, Pipes
Cove, Southold Bay, Gardiners Bay, Shelter Island
Sound, Hog Neck Bay, Orient Harbor, Hallocks Bay or
Long Beach Bay with the exception of Fisher's Island
and Robin's Island. No new docks will be permitted on
the Long Island Sound or over vegetated wetlands or such that it causes
habitat fragmentation of vegetated wetlands in the following areas: Downs
Creek, Hallocks Bay, Hashamomuck Creek and Pond, Long Creek(branch
of Mattituck Creek, East of Grand Avenue bridge), Pipe's Cove Creek and
West Creek.
(c) Regulations for the placement and configuration of docking facilities.
[1] Residential docks.
[b] If any part of a residential dock structure includes a
float or floating dock, the float or floating dock portion
shall be designed so that, with the exception of the pilings:
[ii] New floats will be permitted only where
there exists a minimum of thirty inches of water
depth at mean low water. No part of the floating
dock will contact the bottomland during a normal
low tide.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
2
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 5 of 20 23 . of
the ( )(Town) of SOUTHOLD was duly passed by the
TOWN BOARD on March 28 , 20 23 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval,no disapproval or r`e-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(re-passed after
disapproval)by the and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval)by the on 20 . Such local law was submitted
to the people by reason of a(mandatory)(pelmissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the(general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20. of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide
basis or,If there be none, the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
DOS-239-f-1(Rev.04/14)
3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the(special)(general) election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election,became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the origi 1 n file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, nd as final adopted in the manner indicated
in paragraph 1 , above.
Clerk of the tounty legislative body, City, Town or
(Seal) Village Clerk or officer designated by local legislative body
Denis Noncarrow,Town Clerk
Date: March 29,2023
J
DOS-239-f-I(Rev.04/14)
4
Southold Town Board-Letter Board Meeting of March 28, 2023
RESOLUTION 2023-302 Item# 5.4
ADOPTED DOC ID: 18995
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-302 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 28,2023:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 14th day of February, 2023, a Local Law entitled "A Local Law in
relation to an Amendment to Chanter 275,Wetlands & Shorelines" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons will be given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to an Amendment to Chanter 275,Wetlands &
Shorelines" which reads as follows:
LOCAL LAW NO. 5 2023
A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 275,Wetlands
and Shorelines"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose. '
The Purpose of the amendment is to update the Southold Town Code
II. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding
the underlined words as follows:
III. Chapter 275 -Wetlands and Shorelines
§ 275-2 Definitions; word usage
PIER LINE TL, b Y J o r seaward t f o ,.
existing pomitte ,seek
+ i
wharves ^r floats. The seaward prosection created by drawing an imaginary line between
the immediately adiacent existing permitted principal structures, docks, piers,wharves or
floats.
§ 275-3 Findings; purpose;jurisdiction; setbacks.
Generated March 29, 2023 Page 15
a
Southold Town Board - Letter Board Meeting of March 28, 2023
Setbacks.
(1) The following minimum setbacks apply to any and all operations proposed on residential
property within the jurisdiction of the Board of Trustees:
(a) Wetland boundary or bank.
§ 275-4 Exceptions.
A. Permit exceptions; nondisturbance buffers.
(AThe provisions of this chapter shall not require a permit for the following:
d)_Installation of new or replacement windows, roof shingles, solar
panels, siding or doors on existing upland structures and seeend st^r„
additions that are made within the feetpr-int of an e)iisfing upland straetur-ee-.
§ 275-7. Fees.
doubled.shall be aeeempanied by a filing fee of$250, whieh ineludes the first site visit, He Portion of
w-hieh shall be refundable. The fee for-an administrative permit shall be $100. For- aetivities or
preapplieation site visit is r-equested, the fee shall be $50, whieh may be applied to an applieat
fee for- a wetlands pennit made within si)i months of the site visit a-ad whieh applieation invelves
aetivities that were th- 4-j—' — the site visit. FAmended 10 11 2005 by . ;
10
9 2012 by L.L. Ne 12_20121
B. in addition to the filing fee, the Trustees,
upon the adoption of a r-esoltAiEffi allthOriZiflg the
issuanee of a peFmit, shall determine the amount of the inspeetion fees to be paid by the appli
to the Qer-k upon the issuanee of a pefmit. hispeetion fee eests will be based on $50 per-site
visit
G. Pufsuant to New York State law, all eests ineuFfed by the Town for- SEQRA review shall be
paid by the applie—ant.
D. Consultant fee. The Bear-d,
proposed operations, is authorized to require the posting of a eonsultant fee by an .
This
fee shall be used to hire an independei#, expert eonsaltai#to investigate the site for the pr-epesea
projeet and to e)Eamiae the plans or-other information submitted by the applieant to as ist the
Board in evaluating potential adverse impaets upon a r-eseufee area by the proposed pr-ejeet. Th
will detefmine whether-the eempleKit�, of the aefivity, the diffieulty in
Board, in itse
detennining,the tIffeat te the resouree areas or-the size of the request or-pr-ej eet involves and
More infoFmation and analysis than ea-a reasonably be supplied to the Board withe
(1) T'1, B r1J require the Yaym ,-,4 of'the ,- .,
sultant F t all),,tim in the
'Tl,
(2) eensuIt y required t f bfor aVr r.ert opinion ru„ .lg b „„
int not limited to
/
iuv
analysis of reseu area values, wetland
e
r-eseuree area reports, hydr-olegioal a-ad drainage ana ysis, wildlife habitat an
i
1, llf 1, !1 „t.,l landuse la or- Fthe felle
sufveJ , �
Generated March 29, 2023 Page 16
Southold Town Board - Letter Board Meeting of March 28, 2023
! ) Dl t 1 .l' f t least 50 e„bie .vr`ls of m.,te .,1.
�crJ-i�,cccnzcnrrcnzv-ctcrvi=�i'uaiix�vr-arr ..... .... .......a.,�'.,....., .,a...»..,..».,
!b.\ F' hundred square feet or-greater- Elterat;o„ of„ r e
(e) Shoreline or-bank alter-atien to a eeastal or ifiland water-way;
!,1\ Five hundred square feet o enter niter.vt;or, to land ; a naturally vegetated
iu�uauuJ vvb
(e) D b,ar-ge f any pollutants into 0 o„tr,1,,,ting to suffaeo o v.11.,r.,ter of
1 V v1 ba ...aau„h.a�va V a
the
area;
(f) G t t' f any t .,tern „trel f e;l;t , or water- , ,,,trol struetwe.
E. Deek and float fee. Evei=y applieafien for- a new deek or-float shall include a fee to be set by
the Tevm Bear-d. Commer-eial deeks are any stfuetur-es that are r-eated, !eased or- otherwise used
to generate p btA not limited e
.l A411 [Added 10 11 2005 1. L.L. No. 17 2005; amended 3 72_2011 by L.L. TATO 1 2010• 10
9 2012 by L.L. No 12 20121
F. abb fe6. E J YY Y dredgingl t' for- permit for within'To owned nde .,ter
spoillands shall inelude a fee as set by the ToA%13ear-d based on the amount of etibie yard of dredge
t b removed. r Added e.i 1 2 18 2007 by L.L. No. 23 2007 The fees for all applications,
including administrative, non-administrative, docks,floats, and dredging; the fees for all
site inspections including pre-application site inspections; the cost incurred by the town for
SEORA review; consultant fees including expert opinion as required by the Board of
Trustees, shall'be established, and changed as needed, by resolution of the Southold Town
Board A copy of the fee schedule will be kept on file in the Office of the Town Clerk, and
the Office of the Board of Trustees. Trustee fees are nonrefundable.
§ 275-10 Contents of permit.
Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be valid
for a period of twe three years from the date of approval. Said permit may be renewed for two
consecutive one-year periods at the discretion and review of the Board.
§ 275-11 Construction and operation standards.
C. In water.
(2) Docks.
fhLDock locations and lengths.
f31 Prohibited locations and activities.
fal No new docks utilized for residential purposes shall
be permitted on the.Great/Little Peconic Bay,Pipes
Cove, Southold Bay, Gardiners Bay, Shelter Island
Sound,Hog Neck Bay, Orient Harbor,Hallocks Bay or
Long Beach Bay with the exception of Fisher's Island
and Robin's Island.No new docks will be permitted on
the Long Island Sound or No new ,a el s will'"�"�
t,.,a aaaa.,.....
over vegetated wetlands or such that it causes habitat
Generated March 29, 2023 Page 17
Southold Town Board - Letter Board Meeting of March 28, 2023
fragmentation of vegetated wetlands in the following areas:
Downs Creek, Hallocks Bay, Hashamomuck Creek and
Pond, Long Creek(branch of Mattituck Creek, East of
Grand Avenue bridge), Pipe's Cove Creek and West Creek.
Regulations for the placement and configuration of docking facilities.
f 1LResidential docks.
f b]_If any part of a residential dock structure includes a
float or floating dock, the float or floating dock portion
shall be designed so that, with the exception of the pilings:
Iiil New floats will be Permitted only where
there exists a minimum of thirty inches of water
depth at mean low water.No part of the floating
dock will contact the bottomland during a normal
low tide.
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.
g1�4Denis Nonearrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Brian O. Mealy, Councilman
SECONDER:Sarah E. Nappa, Councilwoman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
Generated March 29, 2023 Page 18
179e4f63-b67b-4b6c-967a-6bc7c0805ab4 lynda.rudder@town.southold.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
State of New York,
County of,Suffolk,
The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in
Suffolk County,New York. I certify that the public notice,a printed copy of which is attached hereto,
was printed and published in this newspaper on the following dates:
March 02,2023
This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in
this county,and as such, is eligible to publish such notices.
Signature
Eliot T. Putnam
Printed Name
Subscribed and sworn to before me,
This 08 day of March 2023
Notary Signature
MARY BETI-I ALESCIO WALLING
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01AI-5056219
Qualified in Saratoga County
My Commission Expires March 04,2026
Notary Public Stamp
SOUTHOLD TOWN CLERK 1
I�
f
179e4f63-b67b-4b6c-967a-6bc7c0805ab4 lynda.rudder@town.south old.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,that
there has been presented to the
Town Board of the Town of
Southold,Suffolk County, New
York,on the 14th day of February,
2023,a Local Law entitled "A Local
Law in relation to an Amendment
to Chapter 275,Wetlands&
Shorelines"and
NOTICE IS HEREBY FURTHER
GIVEN,that the Town Board of the
Town of Southold will hold a public
hearing on the aforesaid Local Law
at Southold Town Hall,53095 Main
Road,Southold, New York,on the
14TH day of March,2023 at 7:00
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 275,
Wetlands&Shorelines"which
reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law
in relation to an Amendment to
Chapter 275,Wetlands&
Shorelines"
BE IT ENACTED by the Town Board
of the Town of Southold as follows:
I. Purpose
The Purpose of the amendment is
to update the Southold Town
Code in relation to Wetlands and
Shorelines
A complete copy of this proposed
SOUTHOLD TOWN CLERK 2
I
179e4f63-b67b-4b6c-967a-6bc7c0805ab4 lynda.rudder@town.southo Id.ny.us
AFFIDAVIT OF PUBLICATION i
The Suffolk Times
Local Law is available on the Town
website southoldtownny.gov or by
contacting the Southold Town
Clerk's office at(631)765-1800,
during normal business hours '
BY NOTICE OF THE TOWN BOARD
Dated: February 14th,2023
DENIS NONCARROW
SOUTHOLD TOWN CLERK
I
i
i
r
SOUTHOLD TOWN CLERK 3 j
I
i
i
Times Review Media Group Invoice#: 179e4f63
The Suffolk Times Date: 02/21/2023
Bill To Customer Email
SOUTHOLD TOWN CLERK lynda.rudder@town.southold.ny.us
Affidavits will be mailed or emailed (as ordered) 7 days AFTER THE
LAST INSERTION DATE.
Description. Publish Date Amount
PUBLIC 03/02/2023 $40.92
Affidavit(eMail) 1 $25.00
Affidavit(Mail) 0 $0.00
Total: $65.92
Please remit checks payable to: Balance:
$65.92
Times Review Media Group
PO Box 1500
Mattituck, NY 11952
The invoice number MUST be included on your check to ensure that your payment is
applied correctly.
n LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that
there has been presented to the
Town Board of the Town of
Southold, Suff0t County, New
York, on the 14 day of February,
2023, a Local Law entitled "A Local
Law in relation to an Amendment
to Chaoter 275, Wetlands &
Shorelines" and
NOTICE IS HEREBY FURTHER
GIVEN, that the Town Board of the
Town of Southold will hold a public
hearing on the aforesaid Local Law
at Southold Town Hall, 53095 Main
Ro , Southold, New York, on the
14 day of March, 2023 at 7:00
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 275.
Wetlands & Shorelines" which
reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law
in relation to an Amendment to
Chapter 275. Wetlands &
Shorelines"
BE IT ENACTED by the Town Board
of the Town of Southold as follows:
I. Purpose
The Purpose of the amendment is
to update the Southold Town
Code in relation to Wetlands and
Shorelines
A complete copy of this proposed
Local Law is available on the Town
website southoldtownny.gov or by
contacting the Southold Town
Clerk's office at (631)765-1800,
during normal business hours
BY NOTICE OF THEtrTOWN BOARD
Dated: February 14 , 2023
DENIS NONCARROW
SOUTHOLD TOWN CLERK
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the Town
of Southold, Suffolk County,New York, on the 141h day of February, 2023, a Local Law entitled
"A Local Law in relation to an Amendment to Chapter 275, Wetlands & Shorelines" and
NOTICE IS HEREBY FURTHER GIVEN,that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road,
Southold,New York, on the 14TH day of March,2023 at 7:00 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
275,Wetlands & Shorelines" which reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 275,Wetlands
& Shorelines"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose
The Purpose of the amendment is to update the Southold Town Code
II. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding
the underlined words as follows:
Chapter 275 -Wetlands and Shorelines
§ 275-2 Definitions; word usage
PIER LINEThe aver-age seaward projeetion of one or more exisfing pefmitted deeks,
-haFves or floats. The seaward projection created by drawing an imaginary line between
the immediately adjacent existing permitted principal structures, docks, piers,wharves or
floats.
§ 275-3 Findings; purpose;jurisdiction; setbacks.
D. Setbacks.
(1) The following minimum setbacks apply to any and all operations proposed on
residential property within the jurisdiction of the Board of Trustees:
(a) Wetland boundary or bank.
§ 275-4 Exceptions
A. Permit exceptions; nondisturbance buffers.
(1) The provisions of this chapter shall not require a permit for the following:
(j) Installation of new or replacement windows,roof shingles, solar panels,
siding or doors on existing upland structures and seeend st„r„ ,,dd tie
that are add within the fbet-pr-i t of an existing, r.l.,n str-Het,,,-o
§ 275-7. Fees.
A. Eyet=y monadministrative applioation for a wetlands permit filed with the offiee of the T-ruste
shall be aeeompanied by a filing fee of$2505' w-hieb.ifieludess the first site visit, no peAien of
w-hieh shall be refundable. The fee for an admiRistrative pefmit shall be $100. For aetivities 0
operations that have been pfeviously built without a permit, the fee will be doubled. 1-f-a
prea
,ppheation site visit is requested,the fee shall be $50, whieh may be applied to an Oplieati
fee for a wetlands peEmit made within six months of the site visit and w-hieh appheation invol
aetivities th—At.llveaf-�-thea subjeet of the site visit. [Amended 10 11 2005 by L.L.No. 17 2005; 10
n2012 by L.L. No. 12 201 2l
B. in addition to the filing > >
upon the adoption of a resolution authorizing the
issuanee of a pefmit, shall detefmine the amount of the inspeefien fees to be paid by the apphea
to the Clerk upon the issuanee of a pemit. inspeetion fee oosts will be based on $50 per site
visit-.
Board,Q Ptffsuant to Now York State law, all eosts ineurr-ed by the ToNN%for- SEQRA review shall be
paid by the applieant.
D. Consultant fee. The at its diserefien,
depending on the seale and potential impaet o
proposed operations, is authorized to require the posting of a eensultant fee by an applieant. This
fee shall be used to hire an independent, expert eensultant to investigate the site for the proposed
pr-ojeet and to examine the pla-as or other-infemation submitted by the applioant to assist the
Board in evaluating potential adverse impaets 11' r-ee area by the proposed Projeot. The-
Board, in its > >
reports,determining the thfoat to the r-esoureea oF the size of the request or-project involves an
er-e informatie-4.4.-and—AnMdysis than ean reasonably be supplied to the Boafd without
independent teehnieal professional assistanee.
(1) The Beafd may require the payment of the eonsultant fee at any time in the deliberations
prior-to a final deeision-.
(2) The eonsultant fee may be required fer expert opinion regarding, but not limited to, wetim
reseuree area stffveys and delineations, analysis of r-eseufee area vaRies, wetland r-e-sour-ee are
>
eavir-enme-n-t-Al I—And use law, or-any of the felleA4ng:
(a) vl.,,.a,,.,e„t removal o grading of t least 50 ,.,,1,ie yards ofmaterial;
(b,) Five hundred square footor-greater- alteration of a r-eseur-ee area;
(e) Shoreline or bank alteration to ., ast.,l o inland, ,.,tor,,,.,,,.
(d) Five hundr-ed square fee! or-greater-alteration io land in a nat-ufally vegetale4
eofidition that eOjjStjttAeQ- -A f-P q-1-4 1—IV-P-P-btlffer-area.
(e) Diseharge of any pefluta-pAs iffte or-eei4fibtAing to sur-faee or-groundwater-of the
(f) Consttuetio of .,r,., st.,r,,,,,,.,tor control fae l;tyor- ester „Aro struet„ro
E. Dock and float fee. Every appheation for-a new deek or-float shall inelude a fee to be set by
the Town Board. Commer-eial doeks are any stfuetur-es that are rented, leased or-other-wise used
to generate > ineluding, btA not limited to,
these str-uetures leeated on pr-opei4ies zoned NGi
A
and ATT. [Added 110 1 1T 2005 by L.L.No. 17 2005;amended 3-23 2010 by .L.�i.1 2010; 10-
9 2012 by L.L.No. 12 201 2]
F. Dredging fee. EveFy appheation for a pennit for-dredging within Town owned under-wate
I—And S Sh-AIN inebade a fee as set by the Town Board based on the amount of cubie yar-d of dredge
The fees for all applications, including administrative, non-administrative, docks, floats,
and dredging; the fees for all site inspections including pre-application site inspections; the
cost incurred by the town for SEORA review; consultant fees including expert opinion as
required by the Board of Trustees, shall be established, and changed as needed, by
resolution of the Southold Town Board.A copy of the fee schedule will be kept on file in the
Office of the Town Clerk, and the Office of the Board of Trustees. Trustee fees are
nonrefundable.
§ 275-10 Contents of permit.
Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be valid
for a period of two three years from the date of approval.Said permit may be renewed for two
consecutive one-year periods at the discretion and review of the Board.
§ 275-11 Construction and operation standards
C. In water.
(2) Docks.
(b) Dock locations and lengths.
[3] Prohibited locations and activities.
[a] No new docks shall be permitted on the
Great/Little Peconic Bay, Pipes Cove, Southold
Bay, Gardiners Bay, Shelter Island Sound, Hog
Neck Bay, Orient Harbor,Hallocks Bay or Long
Beach Bay with the exception of Fisher's Island
and Robin's Island. No new docks will be
permitted on the Long Island Sound or'de-ne
.lw
eeks will be permitted over vegetated wetlands or
such that it causes habitat fragmentation of
vegetated wetlands in the following areas: Downs
Creek, Hallocks Bay, Hashamomuck Creek and
Pond, Long Creek (branch of Mattituck Creek, East
of Grand Avenue bridge), Pipe's Cove Creek and
West Creek.
(c) Regulations for the placement and configuration of docking
facilities.
[1] Residential docks.
[b] If any part of a residential dock structure includes a
float or floating dock, the float or floating dock
portion shall be designed so that, with the exception
of the pilings:
[iil New floats will be permitted only where
there exists a minimum of thirty inches of
water depth at mean low water.No part of
the floating dock will contact the bottomland
during a normal low tide.
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.
BY NOTICE OF THE TOWN BOARD
Dated: February 14th, 2023
DENIS NONCARROW
SOUTHOLD TOWN CLERK
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
Denis Noncarrow, Town Clerk of the Town of Southold,New York being duly sworn,
says that on the 21st day of FEBRUARY, 2023, a notice of which the annexed printed
notice is a true copy was affixed, in a proper and substantial manner, in a most public
place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's
Bulletin Board, 53095 Main Road, Southold, New York and the Southold Town website,
www.southoldtownny.gov .
Public Hearing, Amendment to Chapter 275 Wetlands an reline
D is Noncarrow
Southold Town Clerk
Sworn before me this
day of F � , 2022.
dJ
otary Public
LYNDA M. RUDDER
Notary P iblic, State of No. 01 RU6020932W York
Qualified in Suffolk county
Commission Expires March 8, 20
RESOLUTION 2023-214
ADOPTED DOC ID: 18927
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-214 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 14, 2023:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 141h day of February, 2023, a Local Law entitled "A Local Law in
relation to an Amendment to Chanter 275, Wetlands & Shorelines" and
WHERAS that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the
14TH day of March, 2023 at 7:00 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 Chanter
275, Wetlands & Shorelines" which reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law in relation to an Amendment to Chanter 275,Wetlands
& Shorelines"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose
The Purpose of the amendment is to update the Southold Town Code
II. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding
the underlined words as follows:
Chapter 275 - Wetlands and Shorelines
§ 275-2 Definitions; word usage
PIER LINE e Th r r etie ofone moreexisting o mitte geek
1Z 0.Vel-Gi�Vseaward n' pier-,,
,..1,aryes ^"floats. The seaward prosection created by drawing an imaginary line between
the immediately adiacent existing permitted principal structures, docks, piers,wharves or
floats.
§ 275-3 Findings; purpose;jurisdiction; setbacks.
D. Setbacks.
(1) The following minimum setbacks apply to any and all operations proposed on
residential property within the jurisdiction of the Board of Trustees:
Resolution 2023-214 Board Meeting of February 14, 2023
(a) Wetland boundary or bank.
§ 275-4 . Exceptions
A. Permit exceptions; nondisturbance buffers.
(1) The provisions of this chapter shall not require a permit for the following:
(j) Installation of new or replacement windows, roof shingles, solar panels,
siding or doors on existing upland structures and seeend story a d,ditie
that are made within the feetpr-ipA of an existing upland strue
§ 275-7. Fees.
A. Ever-y nenadministr-ative applieation for- a wetlands permit filed with the effiee of the Trustees
J111A11 VV {AVVV111pC1111V\1 by K 111111 fee of , ' visit, no
requested,whieh shall be r-efimdable. The fee fer- an administrative permit sha� be $100. For-activities Or.-
operations that have been previous!),built without a pemiit, the fee will be doubled.
preapplication site visit i� the fee shall be 7
w-hieh may be applied to an applieat
fee for a wetlands permit made within six ment.hs of the site visit and whieh appheation invol
aetivities that were the subjeet of the site visit. [Aanemded 10 11 2005 by L.L. No. 17 2005; 10
9 2ni��. Ne. 12 2012]
B. in addition to the filhig > >
upon the adeptien of a resehAion authorizing the
Pa pemiit, shall deter-mine the ameunt of the inspeetion fees to be paid by the appli
to the Qer-k upon the issuanee of a permit. inspeetion fee eests will be based on$50 per- site
visit.
Q Pur-suant to New York State law, all eests in6ufr-ed by the Town fer- SRQRA review shall be
paid by the applieapA.
D. Consultant fee. The > at its diseretien,
depending on the seale and potential impaet 0
proposed operations, is authorized to require the posting of a eensullant fee by an applioant. This
fee shall be used to hire an independent, expeA eensultant to investigate the site fer the proposed
projeet and te examine the plans or- other information submitted by the applieant to assist the
Board in evaluating peteiAial adverse impaets upen a reseur-ce area by the proposed project. The
Bear-d, in its > >
analysis, the diffieultY
Are infer-mation and analysis than effin ite-Aso-n—ah-ly be,supplied to the Board without
(1) The Bear-d ma�,require the pa�lment of the eensuhant fee at any time in the deliberations
prior-to a final deeisien-.
(2) The eensu4ant fee m4y be required for expert opinion regarding, but not limited to, wetland
r-eseur-ee area surveys and delineMiens, analysis ef r-esewee ar-eavalues, wetland r-esewee area
wildlife habitat analysis, shellfish sufveys,--afid
ntal land use law, or ai:*,of the folleWing:
(a) Plaeement, reinoval or- gr-aOing of at least 50 eubie yards ef material;
(b) Five Ivandr-ed squar-e feet et greater-alteration ef a r-esetff 0 ar-ect-,t
(c) Shoreline or bank alter-a+:,,,, to a eeastal o inland, ater- ,..,,,•
(d) Five I%FAr-ed sqoar-e feet or-greater-alteration to land in a nattir-ally vegetated
•
Updated: 2/15/2023 10:20 AM by Lynda Rudder Page 2
• Resolution 2023-214 Board Meeting of February 14, 2023
the Town Bear-d. Commer-eial deeks are any str-uetuf es that are r-ented, !eased or-otherwise used
to generate ineome, inebading, but not limited to, these strue4ufes leeated on properties zoned
and 1411. [Added 10 11'2005 byL.L. No. 17 3 23 201 0 by L.TZ. To.1 201�T0;T0-
9 2012 by L.h. No. 12 2012]
F. Dredging fee. Ever-),applieatien for- a pennit for-dredging within Town owned underwater-
lands shall inelude a fee as set by the Town Beaf d based on the amount of eubie 5,afd of dredge
spoil to be removed. [Added 12 18 200 by L.L. No. 23 200-77
The fees for all applications, including administrative, non-administrative, docks, floats,
and dredging; the fees for all site inspections including pre-application site inspections; the
cost incurred by the town for SEORA review; consultant fees including expert opinion as
required by the Board of Trustees, shall be established, and changed as needed, by
resolution of the Southold Town Board. A copy of the fee schedule will be kept on file in the
Office of the Town Clerk, and the Office of the Board of Trustees. Trustee fees are
nonrefundable.
§ 275-10 Contents of permit.
Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be valid
for a period of tw&three years fiom the date of approval. Said permit may be renewed for two
consecutive one-year periods at the discretion and review of the Board.
§ 275-11 Construction and operation standards
C. In water.
(2) Docks.
(b) Dock locations and lengths.
j3]_Prohibited locations and activities.
[a] No new docks shall be permitted on the
Great/Little Peconic Bay, Pipes Cove, Southold
Bay, Gardiners Bay, Shelter Island Sound, Hog
Neck Bay, Orient Harbor, Hallocks Bay or Long
Beach Bay with the exception of Fisher's Island
and Robin's Island. No new docks will be
permitted on the Long Island Sound or Islene
-
,a, eke will be permitted—over vegetated wetlands or
such that it causes habitat fragmentation of
vegetated wetlands in the following areas: Downs
Creek, Hallocks Bay, Hashamomuck Creek and
Pond, Long Creek (branch of Mattituck Creek, East
of Grand Avenue bridge), Pipe's Cove Creek and
West Creek.
(cl Regulations for the placement and configuration of docking
facilities.
LU_Residential docks.
rb] f any part of a residential dock structure includes a
float or floating dock,the float or floating dock
portion shall be designed so that, with the exception
of the pilings:
f iil New floats will be permitted only where
there exists a minimum of thirty inches of
Updated: 2/15/2023 10:20 AM by Lynda Rudder Page 3
r- a.rJ a
Resolution 2023-214 Board Meeting of February 14, 2023
water depth at mean low water. No part of
the floating dock will contact the bottomland
during a normal low tide.
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.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sarah E. Nappa, Councilwoman
SECONDER:Brian O. Mealy, Councilman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
Updated: 2/15/2023 10:20 AM by Lynda Rudder Page 4