HomeMy WebLinkAboutAG-05/09/2023 DENIS NONCARROW �� �, Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTRAR OF VITAL STATISTICS Southold, New York 11971
MARRIAGE OFFICER �� �� Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER � , t�f Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
AGENDA
SOUTHOLD TOWN BOARD
May 9, 2023
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.goy> 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
denisno,southoldtownny_goy<maiIto:denisngsoutholdtownny.gov>and Lynda.ruddergtown.southol d.ny.us
<mai Ito:Lynda.ruddergtown.southol d.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 May 9, 2023 at Meeting Hall, 53095 Route 25, Southold, NY.
Attendee Name Present Absent Late Arrived
Councilwoman Sarah E. Nappa ❑ ❑ ❑
Councilman Greg Doroski ❑ ❑ ❑
Councilman Brian 0. Mealy ❑ ❑ ❑
Councilwoman Jill Doherty ❑ ❑ ❑
Justice Louisa P. Evans ❑ ❑ ❑
Supervisor Scott A. Russell ❑ ❑ ❑
I. Reports
1. Zoning Board of Appeals Monthly Report
April 2023
2. Town Clerk Report
April 2023
II. Public Notices
III. Communications
IV. Discussion
1. 9:00 AM -Mark Terry, Assistant Planning Director
Comprehensive Plan Implementation Funding Opportunity —Outline (Follow Up From 4/25)
2. 9:15 AM - Town Clerk Denis Noncarrow
Update on Town Clerk Permits
3. 9:30 AM -Linda Goldsmith, Eastern Suffolk BOLES Board Member
Upcoming BOCES Forum
4. 9:45 AM -Karen McLaughlin-Government Liaison, Michael Collins-Town Engineer, and Philip
Saglimbene-Director of Business Development and Operations with Jim Certa-Director of Community
Affairs for New York Power Authority(NYPA)
Evolve NY Fast Electric Vehicle Charging Stations
5. 10:30 AM -John Sepenoski, GIS Technician
Custer Preserve Restoration Recommendations to the Town Open Space Project List
6. Councilwoman Doherty
Amendments to Ch. 34- Increase Size of Housing Advisory Commission (Public Hearing was
Adjourned on 4/25)
7. Application for Purchase of Sanitary Flow Credits-Laoudis of Southold LLC- 54280 Main Road,
Southold (SCTM# 1000-61-4-22)
8. Request for Amendment to Southold Town Water Supply Plan Map: Big Bing LLC- 6795/7755
Oregon Road, Cutchogue(SCTM# 1000-95-1-7.2 & 8.3)
9. Turquoise Takeover and Lung Cancer Action Week (May 8-May 14, 2023)
10. Building Department Fees
11. EXECUTIVE SESSION - Labor- Matters Involving the Employment of a Particular Person(S)
11:30 AM -POSTPONED Chief Martin Flatley
11:45 AM - Karen McLaughlin, Government Liaison Officer
12. EXECUTIVE SESSION - Labor- Matters Involving the Potential Appointment of a Particular
Person(S)
- Councilman Brian Mealy re: Anti-Bias Task Force Member
12:00 PM - Battery Energy Storage Systems (BESS) Task Force Interviews
Special Presentation
William Gorga
Recognition for Heroic Actions on February 14, 2023
V. Resolutions
2023-413
CATEGORY.• Audit
DEPARTMENT. Town Clerk
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated May 9th, 2023.
✓Vote Record-Resolution RES-2023-413
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa ❑ El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-414
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, May
23rd, 2023 at the Southold Town Hall, Southold, New York at 4:30 P.M.
✓Vote Record-Resolution RES-2023-414
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa ❑ El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-415
CATEGORY.• Employment- Town
DEPARTMENT: Accounting
Amend Resolution Number 2023-405
RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2023-405 to
read as follows:
RESOLVED that the Town Board of the Town of Southold hereby appoints James Hille to the position of Part
Time Electrical Inspector for the Building Department effective May 1, 2023, at a rate of$33.26 per hour.
✓Vote Record-Resolution RES-2023-415
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-416
CATEGORY.• Special Events
DEPARTMENT: Town Clerk
Cutchogue-New Suffolk Free Library Summer Kick Off Concert
Financial Impact:
Total Police Department Cost for Event $171.84
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue-New
Suffolk Free Library to hold its Summer Kick Off Concert, on the Village Green, Cutchogue on
Thursday, July 6th, 2023 from 05:00 PM to 7:00 PM,provided they file a Certificate of Liability Insurance
naming the Town of Southold as addition insured for two million dollars and comply with all the conditions of
the Town's Policy for Special Events on Town Properties. All fees with the exception of the clean-up deposit
shall be waived.
✓Vote Record-Resolution RES-2023-416
❑ Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended _—
❑ Defeated Sarah E.Nappa ❑ ❑ ❑ ❑
❑ Tabled Greg Doroski ❑ El El El
❑ Withdrawn Brian O.Mealy _— El El El El
❑ 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
2023-417
CATEGORY.• Close/Use Town Roads
DEPARTMENT: Town Clerk
Oysterponds Historical Society-Heritage Day Parade
Financial bnpact:
Police Department Cost for the Event $533.70
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Oysterponds
Historical Society to use the following route for its Heritage Day Parade in Orient on Sunday, July, 2,
2023 staging to begin at 11:30 am on Oysterponds Lane, from there to Main Road to Village Lane to the end of
Village Lane, provided they follow all the conditions in the Town's Policy for Special Events on Town
Properties. Failure to comply with the conditions will result in the forfeiture of the clean-up deposit and denial
of future requests. In addition, the police will post"No Parking" signs the night before the event as requested.
All Town fees for this event are waived with the exception of the clean-up deposit.
✓Vote Record-Resolution RES-2023-417
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-418
CATEGORY.• Close/Use Town Roads
DEPARTMENT: Town Clerk
OHS Moby Dick Whale Painting Event
Financial bnpact:
P. D. CostAnalysis. 128.88
Resolved that the Town Board of the Town of Southold hereby grants permission to the Southold Police
Department to place No Parking signs on Fletcher Street to Willow Street, Orient for Oysterponds Historical
Society (OHS) Moby Dick Street Painting Event on July 8th, 2023 from 8:00 am to 11:00 am. Certificate of
insurance to for 2 Million dollars to be supplied to Town Clerk before event. 250.00 Clean up fee to be paid to
Town Clerk.
✓Vote Record-Resolution RES-2023-418
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt
El Rescinded Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action
El Lost
Lost
2023-419
CATEGORY.• Employment- Town
DEPARTMENT. Accounting
Appoint Christian TVoegel Jr. Seasonal Scale Operator
RESOLVED that the Town Board of the Town of Southold hereby appoints Christian Voegel Jr. to the
position of Seasonal Scale Operator for the Solid Waste District, effective May 27, 2023 through September
3, 2023, at a rate of$18.68 per hour.
✓Vote Record-Resolution RES-2023-419
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt
El Rescinded Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action
El Lost
Lost
2023-420
CATEGORY.• Special Events
DEPARTMENT. Town Attorney
Special Event 2023-16/Custer Institute
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Custer Institute to hold
Special Event 2023-16 at 1115 Main Bayview RD, Southold, New York as applied for in Application CIla-d
for The Music Project- Outdoor Concerts and Stargazing on May 27 (6/3 Rain date) , July 15(Rain date 7/29),
and August 12 (Rain date 8/29) and August 26 (Rain date 9/9), 2023 from 7PM - 10:30PM
These events are approved with the following conditions:
1. All parking of vehicles for this event must be in specific parking area to right(south) of the Custer
Institute Building .
2. No parking for this event is permitted on land owned by the Town of Southold.
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-2023-420
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
❑ Defeated
❑ Tabled Sarah E.Nappa ❑ El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt _—
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-421
CATEGORY.• Special Events
DEPARTMENT: Town Attorney
Special Event 2023-17 at CAST/Outdoor Movie Night
RESOLVED that the Town Board of the Town of Southold hereby grants permission to CAST, to hold Special
Event 2023-17at CAST, 53930 Main RD, Southold, New York as applied for in Application CAST la for
Outdoor Movie Night for alt ages on June 16 from 6PM-1 OPM
Provided they adhere to all conditions on the application, permit and to the Town of Southold Policy for
Special. 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-2023-421
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa ❑ El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-422
CATEGORY.• Agreements -Non
DEPARTMENT: Trustees
Inter-Municipal Agreement with the Village of Greenport
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A.
Russell to execute an inter-municipal agreement with the Village of Greenport regarding the offloading of
effluent wastes from the Town's Pump-Out Boat at the Village of Greenport's Pump-Out Station at a cost of
0.55 cents per gallon, as well as the supply of Town Pump-Out Boat Services to the Village of Greenport during
special events and times of emergency need when requested, for the period of May 20, 2023 through October
31, 2023, all in accordance with the approval of the Town Attorney and funded from budget line
A.8090.4.400.840.
✓Vote Record-Resolution RES-2023-422
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-423
CATEGORY.• Ratify Fishers Island Reso.
DEPARTMENT: Town Clerk
FIFD 5/1/23 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 May 1, 2023 meeting, as follows:
FIFD
Resolution# Regarding
2023-067 Budget Modification
2023-068 Ticketing Equipment
2023-069 Professional Services
2023-075 Ticket Fares/Rates
✓Vote Record-Resolution RES-2023-423
❑ Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Sarah E.Nappa ❑ ❑ ❑ ❑
❑ Defeated Greg Doroski ❑ ❑ ❑ ❑
❑ Tabled _—
El El El El
El
withdrawn Brian O.Mealy —
❑ Supervisor's Appt Jill Doherty ❑ El El El
❑ Tax Receiver's Appt Louisa P.Evans _— El El El El
❑ Rescinded
Scott A.Russell ❑ ❑ ❑ ❑
❑ Town Clerk's Appt T—
❑ Supt Hgwys Appt
❑ No Action
❑ Lost
2023-424
CATEGORY.• Budget Modification
DEPARTMENT: Highway Department
2023 Budget Modification - Capital(Highway)
Financial Impact:
transfer of money
WHEREAS the Town Board of the Town of Southold adopted a 2023 Capital Budget which includes an
appropriation for an asphalt hot box, and
WHEREAS said project needs additional funding, 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 authorizes the following amendments to
the 2023 Hi2hway Part Town Budget the Capital Budget as follows:
Capital Project Name: Asphalt Hot Box
Financing Method: Transfer from the Highway Part Town Fund
Increase Revenues:
H.5031.98 Highway Equipment $1,512
Total $1,512
Increase Appropriations:
H.5130.2.100.500 Asphalt Hot Box $ 1,512
Total $1,512
From:
DB.5130.2.500.300 Other Equipment $ 1,512
TOTAL: $ 1,512
To:
DB.9901.9.000.100 Transfer to Capital $ 1,512
TOTAL: $ 1,512
✓Vote Record-Resolution RES-2023-424
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-425
CATEGORY.• Surplus Equip-Non Usable
DEPARTMENT: Town Clerk
Surplus Computer Equipment
WHEREAS the Town Board of the Town of Southold has declared some computer equipment to be surplus,
and
WHEREAS the Town Clerk advertise for the sale of same and
WHEREAS no bids were received, now therefor be it
RESOLVED that the computer equipment is to be taken off the Town Asset list and destroyed.
✓Vote Record-Resolution RES-2023-425
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-426
CATEGORY.• Budget Modification
DEPARTMENT: Accounting
2023 Budget Modification- Community Development
Financial Impact:
Allocate ARPA funds to CDBG projects
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 Community
Development Budget as follows:
Increase Revenues:
CD.4089.00 Federal Aid, ARPA $17,500 Total
$17,500
Increase Appropriations:
CD.8660.N.048.018 Senior Center ADA Door $4,150
CD.8660.N.048.019 Senior Transport Van 13,350 Total
$17,500
✓Vote Record-Resolution RES-2023-426
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-427
CATEGORY.• Attend Seminar
DEPARTMENT: Accounting
Attend Seminar
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Michelle Nickonovitz
and Kristie Hansen-Hightower to attend a NYGFOA government finance webinar on May 23, 2023. All
expenses for registration to be a legal charge to the 2023 budget A.1310.4.600.200, Meetings and Seminars).
✓Vote Record-Resolution RES-2023-427
❑ Adopted
❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent
❑ Defeated Sarah E.Nappa El El El El
❑ Tabled
❑ Withdrawn Greg Doroski ❑ ❑ ❑ ❑
❑ Supervisor's Appt Brian O.Mealy ❑ El El El
❑ Tax Receiver's Appt Jill Doherty _— El El El El
❑ Rescinded
❑ Town Clerk's Appt Louisa P.Evans ❑ ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell El El El El
❑ No Action
❑ Lost
2023-428
CATEGORY.• Attend Seminar
DEPARTMENT: Accounting
Attend Seminar
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Michelle Nickonovitz
and Kristie Hansen-Hightower to attend a NYGFOA government finance seminar on June 15, 2023. All
expenses for registration and travel to be a legal charge to the 2023 budget(A.1310.4.600.200, Meetings and
Seminars and A.1310.4.600.300 Travel Reimbursement).
✓Vote Record-Resolution RES-2023-428
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa ❑ El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-429
CATEGORY.• Employment- FIFD
DEPARTMENT: Accounting
Approve Resolution Number 2023-070
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number
2023-070 of the Fishers Island Ferry District adopted May 1, 2023 which reads as follows:
WHEREAS the Ferry District requires additional summer seasonal Laborers during the peak season between May 18,
2023 and September 16, 2023;
It is further RESOLVED to appoint, with effect May 23, 2023, Alex Williams as a summer seasonal Laborer at a rate of
$17.00 per hour and on September 15, 2023, Mr. Williams will terminate summer seasonal laborer and on September
16, 2023 be re-appointed to part-time laborer.
✓Vote Record-Resolution RES-2023-429
❑ Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended
Sarah E.Nappa ❑ ❑ ❑ ❑
❑ Defeated —
❑ Tabled Greg Doroski __ El El El El
❑ Withdrawn Brian O.Mealy ❑ ❑ ❑ ❑
❑ Supervisor's Appt
Jill Doherty ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Louisa P.Evans ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Scott A.Russell _— El El El El
❑ Supt Hgwys Appt —
❑ No Action
❑ Lost
2023-430
CATEGORY.• Employment- FIFD
DEPARTMENT: Accounting
Approve Resolution Number 2023-071
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number
2023-071 of the Fishers Island Ferry District adopted May 1, 2023 which reads as follows:
WHEREAS the Ferry District requires additional Cashiers.
Therefore, it is RESOLVED to appoint, with effect May 11, 2023,Tayler Sperry as a part-time cashier at a rate of$15.00
per hour.
It is further RESOLVED to temporarily appoint, with effect May 11, 2023, Ms. Sperry from part-time to full-time summer
seasonal status. On September 15, 2023, Mr. Sperry will terminate her summer seasonal position and on September 16,
2023 be re-appointed to part-time Cashier.
✓Vote Record-Resolution RES-2023-430
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-431
CATEGORY.• Employment- FIFD
DEPARTMENT: Accounting
Approve Resolution Number 2023-072
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number
2023-072 of the Fishers Island Ferry District adopted May 1, 2023 which reads as follows:
WHEREAS the Ferry District requires additional Deckhands;
Therefore it is RESOLVED to appoint, with effect May 11, 2023,John Erhard III as a part-time Deckhand at a rate of
$15.00 per hour.
It is further RESOLVED to temporarily appoint, with effect May 11, 2023, Mr. Erhard from part-time to full-time summer
seasonal status. On September 15, 2023, Mr. Erhard will terminate his summer seasonal position and on September 16,
2023 be re-appointed to part-time Deckhand.
✓Vote Record-Resolution RES-2023-431
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-432
CATEGORY.• Employment- FIFD
DEPARTMENT: Accounting
Approve Resolution Number 2023-073
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number
2023-073 of the Fishers Island Ferry District adopted May 1, 2023 which reads as follows:
WHEREAS the Ferry District requires additional Deckhands;
Therefore it is RESOLVED to appoint, with effect May 11, 2023,Jason Ibrahim as a part-time deckhand at a rate of$15.00
per hour.
It is further RESOLVED to temporarily appoint, with effect May 11, 2023, Mr. Ibrahim from part-time to full-time summer
seasonal status. On September 15, 2023, Mr. Ibrahim will terminate his summer seasonal position and on September 16,
2023 be re-appointed to part-time Deckhand.
✓Vote Record-Resolution RES-2023-432
❑ Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Sarah E.Nappa ❑ ❑ ❑ ❑
❑ Defeated
❑ Tabled Greg Doroski ❑ ❑ ❑ ❑
❑ Withdrawn Brian O.Mealy El El El El
❑ Supervisor's Appt Jill Doherty _— El El El El
❑ Tax Receiver's Appt
❑ Rescinded Louisa P.Evans ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Scott A.Russell __ El El El El
❑ Supt Hgwys Appt
❑ No Action
❑ Lost
2023-433
CATEGORY.• Employment- FIFD
DEPARTMENT: Accounting
Approve Resolution Number 2023-074
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number
2023-074 of the Fishers Island Ferry District adopted May 1, 2023 which reads as follows:
WHEREAS the Ferry District requires additional Cashiers;
Therefore, it is RESOLVED to appoint, with effect May 11, 2023, Abigail Voigt as a part-time cashier at a rate of$15.00
per hour.
It is further RESOLVED to temporarily appoint, with effect May 11, 2023, Ms. Voigt from part-time to full-time summer
seasonal status. On September 15, 2023, Ms. Voigt will terminate her summer seasonal position and on September 16,
2023 be re-appointed to part-time Cashier.
✓Vote Record-Resolution RES-2023-433
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-434
CATEGORY.• Employment- Town
DEPARTMENT: Accounting
Hire Pump Out Boat Operator
RESOLVED that the Town Board of the Town of Southold hereby appoints David Comando to the seasonal
position of Pumpout Boat Operator for the Trustees, effective May 19, 2023 through November 12, 2023 at a
rate of$35.00 per hour.
✓Vote Record-Resolution RES-2023-434
❑ Adopted
Yes/Aye No/Nay Abstain Absent
El Adopted as Amended
❑ Defeated Sarah E.Nappa ❑ ❑ ❑ ❑
❑ Tabled _—
El El El El
El
Withdrawn Greg Doroski —
❑ Supervisor's Appt Brian O.Mealy ❑ El El El
❑ Tax Receiver's Appt Jill Doherty _— El El El El
❑ Rescinded
Louisa P.Evans ❑ ❑ ❑ ❑
❑ Town Clerk's Appt _—
❑ Supt Hgwys Appt Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action
❑ Lost
2023-435
CATEGORY.• Committee Appointment
DEPARTMENT. Town Clerk
Anti-Bias Task Force
RESOLVED that the Town Board of the Town of Southold hereby appoints Emily Puccio as a member of the
Anti-Bias Task Force, effective immediately.
✓Vote Record-Resolution RES-2023-435
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa ❑ El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-436
CATEGORY.• Local Law Public Hearing
DEPARTMENT. Town Clerk
PH 6/6 6795& 7755 Oregon Rd, Cutchogue Water Map Amend.
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York,
on the 90 day of May, 2023 a Local Law entitled "A Local Law to Amend the Town of Southold Water
Supply Plan Map to a Portion of Oreton Road, Cutchnue, New York , SCTM# 1000-95-1-7.2 & 8.3,
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local
Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 6th day of June, 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 to Amend the Town of Southold Water Supply Plan Map
to a Portion of Oreton Road, Cutcho2ue, New York , SCTM# 1000-95-1-7.2 & 8.3 reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion
of Oreton Road, Cutcho2ue, New York , SCTM# 1000-95-1-7.2 & 8.3".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 1. Legislative Intent.
This Local Law proposes to amend the Town of Southold Water Supply Plan Map to include the
extension of a waterline to 6795 and 7755 Oregon Road, Cutchogue, SCTM 41000-95-1-7.2 & 8.3.
Historically, the Water Supply Plan Map reflects the physical changes in the water supply network since 2000.
The extension of the water main is intended to supply safe drinking water to the conservation subdivision.
Section 2. Enactment.
Based on the goals of the Suffolk County Water Authority and Suffolk County Department of Health
Services to provide safe drinking water conservation subdivision, and upon our consideration of the
recommendations of the Town Planning Department, and the public comments taken at the public hearing, we
hereby amend the Town of Southold Water Supply Plan Map to include the extension of a water line to 6795
and 7755 Oregon Road, Cutchogue, New York.
Section 3.
The Southold Water Supply Plan Map as adopted by Resolution No. 31 on June 20, 2000 by the Town
Board, and most recently amended by Resolution No. 2017-403, is hereby amended to reflect the extension of a
water line to Big Bing LLC conservation subdivision, Cutchogue, New York.
✓Vote Record-Resolution RES-2023-436
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
El Defeated
❑ Tabled Sarah E.Nappa ❑ El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-437
CATEGORY.• Property Usage
DEPARTMENT. Town Clerk
Open Space Project List
WHEREAS the Town Board has an adopted Open Space Project List policy that includes maintaining a list of
projects the Town would like to see completed on its open space holdings;
WHEREAS the Open Space Project List policy requires the Town Board to approve any updates to the list;
WHEREAS a new project at Custer Preserve has been presented to the Town Board for inclusion on the list;
WHEREAS this project is consistent with the adopted stewardship management plans for the preserve in
question;
Resolved that the Town Board of the Town of Southold hereby adds the Custer Preserve project to the Open
Space Project List.
✓Vote Record-Resolution RES-2023-437
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski ❑ El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans ❑ El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-438
CATEGORY.• Budget Modification
DEPARTMENT: Accounting
2023 Budget Modification-Park&Playground(CDBG ADA)
Financial bnpact:
Transfer Park& Playground funds to cover excess costs for CBDG Tasker Park ADA project
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 Park& Recreation Fund
and the Community Development Fund budgets as follows:
Increase Expenditures:
CD.8660.M.047.017 Tasker ADA Park Improvements $15,000 Total
$15,000
Increase Revenues:
CD.5031.00 Interfund Transfers $15,000 Total
$15,000
Increase Expenditures:
CR.9901.9.000.200 Transfer to Comm Dev Fund $15,000 Total
$15,000
Increase Revenues:
CR.5990.00 Appropriated Fund Balance $15,000 Total
$15,000
✓Vote Record-Resolution RES-2023-438
❑ Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Sarah E.Nappa ❑ ❑ ❑ ❑
❑ Defeated _—
El El El El❑ Tabled Greg Doroski —
❑ Withdrawn Brian O.Mealy ❑ El El El
❑ Supervisor's Appt Jill Doherty _— El El El El
❑ Tax Receiver's Appt _—
Louisa P.Evans ❑ ❑ ❑ ❑
❑ Rescinded —
❑ Town Clerk's Appt Scott A.Russell ❑ ❑ ❑ ❑
❑ Supt Hgwys Appt —
❑ No Action
❑ Lost
2023-439
CATEGORY.• Enact Local Law
DEPARTMENT. Town Clerk
Enact LL Chapter 144
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at
which time all interested persons were given an opportunity to be heard and 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 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. 2023
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:
L Title. This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration
and Enforcement Law."
IL 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 pufpese ^ This chapter to provide for the administration and enforcement of the New York State
Uniform Code if the T,,,:,,, of See, >,„l a
Fire Prevention and Building Code(the Uniform Code) and the State Energy Conservation Construction
Code (the Energy Code) in this Town of Southold. This chapter 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 chapter, all buildings, structures, and premises, regardless of use of occupancy, are subiect to the
provisions of this chapter
III. Amendment. The Southold Town Code is hereby amended by removing the struck through words and
adding the underlined words as follows:
§ 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) Code Enforcement Officer.
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 2atherin2 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 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 condition suitable for occupancy.
CODE ENFORCEMENT OFFICER - The Code Enforcement Officer appointed pursuant
to subdivision(b) of section 144-3 of this chapter.
CODE ENFORCEMENT PERSONNEL - The Code Enforcement Officer and all
Inspectors.
ENERGY CODE - The StateEftef Ceftsefvat-ieft Ceftstndet-ier Code as etifrent! ift effect a
as hereafter ,,,,,ende,a The New York State Enemy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
FCNYS - The 2020 Fire Code of the State of New York as currently incorporated by
reference in 19 NYSCRR Part 1225
FIRE SAFTEY AND PROPERTY MAINTENANCE INSPECTION - An inspection
performed to determine compliance with the applicable provisions of 19 NYSCRR
Part 1225 and the publications incorporated therein by reference and the applicable
provisions of 19 NYSCRR Part 1226 and the publications incorporated therein by
reference.
HAZARDOUS PRODUCTION MATERIALS -A solid, liquid or las associated with the
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 Hazards of Materials for Emergency Response), and
which is used directly in research, laboratory, or production process 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
Chapter.
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 chapter. The term
" Operating Permit" shall also include and Operating Permit which is renewed,
amended or extended pursuant to any provision of this chapter.
ORDER TO REMEDY - An order issued by the Building Inspector pursuant to
subdivision (a) of section 17 of this chapter.
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 chapter.
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 chapter.
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 XXIII 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, 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 chapter, shall administer
and enforce all the provisions of the Uniform Code, the Energy Code, and this
chapter and shall have the following powers and duties:
(1) to receive, review and approve or disapprove applications for Building
Permits, 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
Certificate of Occupancy and Operating Permits;
(3) To conduct construction inspections; inspections to be made prior to issuance
of Certificates of Occupancy, Certificates of Compliance, Temporary
Certificates of Occupancy, and Operating Permits;
{�} () 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;
{ } 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 chapter.
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 chapter. 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 bmainin2
agreement as applicable.
H-E.. 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.
I-F. 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:
(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 chapter.
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-I. 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
chapter 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 Enemy 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
(1) Work to remain accessible and exposed. Work shall remain accessible and
exposed until inspected and accepted by the Building inspe tef by an Inspector
authorized 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.
ff-(e) Building systems, including underground and rough-in;
W{€) Fire-resistant construction;
Lhj-W Fire-resistant penetrations;
Di -(h) Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;
W . 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 li2htin2 and controls;
(k) Installation, connection, and assembly of factor manufactured
buildings and manufactured homes; and
ffq) 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
f4j-(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
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 Enemy Code shall remain exposed until such work
shall have been brought into compliance with all applicable provisions of the
Uniform Code and the Enemy 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 chapter must be paid prior to or at the time
of each inspection performed pursuant to this section.
B. Fife safety and p tenanee nispeetions.
(1) inspeetions fequifed. Fife safety and p of
buildings and stndettifes shall be peffeftned by the Building inspeetof at the
following intefvals:
evefy 12 triont-lis.
,t ; el,,de ;„ CI-1-Se.tio B(1)(.,) and all side tial buildings,
stndettifeso n not; el,,de .,;„ Subseetio urn)( sl. 11
0
(2) ins. nitted. in addition to the ifispeetions f equifed by Subseetion B(4)-
Ando of use, of oee of any Ewe „; l � .a 1 o,
^�, � tlli t "" also b�c pcizviirrccby
the Building T„speetof t t;,,o,
(.,) The t�1 11 1 -.direr of the propeftyto be inspeeted-of an at ffiofized-
0 of stieh owfior
(b) Reeeipt-by the B .1 1. -T . ,etof of a dVfi en statement alleging tnizc
,,dations of ..tiyities failing to eomply with the Unif,fi /-ode .
Enefgy Code exist; of-
(e) ReEeipt by t1,0 Building inspectorof any offief ififefin aW
believed by the Building inspeetof to be e to fe able
ea-use to believe that nditions of ..tiyities failing to eomply with the
Unifefin Code of Enefgy Code exist; pfevided, ho-wevef, that fieffiing i
a, , „loss stieh tilt .fde.- . waffant shall have be
o
v
.,lo c,tA.iirce
cr
(d) OFPC ; peetions Nothing in this seetie b pfevision of this
ehapteshall esede limit of impaif the r efs ,hies �r�
Cent-fel ("OFPC") and the AT Yefkstat Fife A.a,v inistfatef undef
B. 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 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 chapter.
C. Fee. The fee specified in or determined in accordance with the provisions set forth in
section 18 (Fees) of this chapter 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.
Dom. Inspection of tents. [Added 3-11-2014 by L.L. No. 4-20141
(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.
in the nattife of the oeeupaney of any building of SIR-ae-tafe, of ea-use'_ e same to
be done, wrzrrvzrczrr3c-obtaining a scpzsiac�rgpcii
for . ofk z:hiehratistE6nfoffn to the U-nif,,fr Code, and>!~nags_(`.,. 0 ept
that no building pe mit shall be fe rod f6f: Except as otherwise provided in
subdivision (2) 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.
(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 fire safety 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 144 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;
ConstnEti-on of tie ettife, television and theatef stage se
and seenefy; Construction of temporary sets and scenery associated
with motion pictures, television and theatre uses.
(i) Installation of window awnings supported by an exterior wall of a one- or
two-family dwelling or multiple single-family dwellings (townhouses);
installation of pa-titions of movable eases loss than five foot„ o iftehes ift
height;Installation of partitions or movable cases less than 5'-9" in
height;
(k) Painting, wallpapering, tiling, carpeting, or other similar finish work;
(1) 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
eerperrent;
femoval of ehange of any fequifed means
egfess;
[3] The enlafgement, alteration, feplaeement of feloeation of any
building s .stow,; of
[4] The removal f or sefviee of all of paft of„ fife rto,,,
fof any peried of time.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)(3) 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.
(4) 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 Subsection A(2) 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. Applieatiefts.
(1) Ever-y . plie.,t;.,,, fee ., building pe tnit shallle
o made ; ,mOft .,ing fe
J
shall be signed by the ownef of an au�ffiefized agent of the ownef and eentain the
following ififeftnatieft and be aeeetnpanied by the fequifed fee. ift addition, plans
and speeifieatiefts shall be filed with the building peftnit applieatieft to eftable the
;ll eemply with plieable fequifements of the Unifeft Code and the Ef efgy
Code. Thezapplieatieft shall iir^elide of be aeeetnpanie rbyy-the following
(a) The actual shape, d-imensions fadi; angles and afea of the lei Oft w
the building ; pfopose.a to be e eete.a of of the lot . whieh it; situated
;� existing i,,,;t a;,, �.t ;„ -.e of the altef tiefts of., building
e
(b) The seetie�bleek and lot,,..,, b if any, s they peaf oche latest tax
feeerds.
(fie ex c s-i-ze a..d leeatiens-oft the lot of the pfoposed building of
buildings . stndet,. al altef tief of a existing building and of.,ti.e,-
;�t;,, t lamuil.aings of the same let
st,-„
The dimensiefts of all ., fds ift felati-eftothe subjeet building and tl,o
distances betweeft stieh building and any .,ti.ef existing buildings of the
-
same lot and adjaeent lots , well as the ....lettl..tief of existing .,n
pfopose.a lot
(f) The existing and intended use of all 1,..;1.a;,,.t. exof pec,the-
f 1.,,,.a ,,,,.a ti.e„ mbef of d ell; , ,,;tom ti.e building is .aesig e.a t.
a the„ t establish f ivy t.
aEce te �reC�"may-C�rirpercutf6irrt�z�c�mrr�n cvy-��
the bulk and density fegulatiefts.
(g) Stieh tepegfaphie of othef ififeftnatieft with fegard to the building, the lot
of nhbefing lots as may be fteeessafy to .aeroftni„e that the pfopes
e a
„stndetief will ft felt to the ^F this ..hapte,
(i�ft applieati-e,. fef ., building peftnitfef eeftstndetieft oft a vaeantlotwhieh
is fiet oft an appfeved subdivision map shall be aeeetnpanied by a eeftified
abst-fact oftitle issued by ., title eempany .hie shall .,
show single n
sepzaf to ownefship of the entife 16t pfiefto Apfil n 1957.
(i) A plot plan dfawft t6sCzale and signed by the pefseft fespensible fee eaeh
dfa-wAtthe t isefeti-er of the Building inspeeter a stifvey may be
.a .a b , ., l i e„s e.a a !and.a
e er e feee stifveyef-.-
Eaeh applieatieft fee ., building peft 'tic efza flew dwelling t it shall be
(k) in instanees wh Of disappfeval has been issued by the Building
subsequent feview and appfoval by the Town of Sou�ffiold Boafd of
Tr„stees, the Zoning Boafd of Appeals, andlof the Planning R ,.f ,
applieant shallo
submits he appfoy ,a plan stamped,a as " &�
(1) / t� will not be to � 1' �
���irsti�lEtl-o Czi-irreii�=w�irr�rvc-vczccccFcccc aspirF�-orznrzippricir�l-oi�cr
building p tnit in less they satisfy the fequifements sot feftl, above.
(`onstfuetio .a.,..time„ts whieh . aeeepted . part of the . plie.,tio fee .,
building peftnit shall be mar-ked as aeeepted by the Building inspeetof in
by stamp. One sot of the aeeepted „stfuetio .a.,..time„ts sl. tt
i, l.o L l.e
v%zet-in to snnt-tem b kept at tsite. L7. o o r, t
fet,,f of., sot of aeeepted „stfuetio .a.,..time„ts to the . plie.,,t sl. 11
not be eenstpde „ti.ofization to eommenee wefk, . as an indieation
that " building peflnitwill be issued. 3xccr r'efksh lull not be eormrreneed
and, „loss ., builds
(in)AllI 1ur—v�pe eftneed in aeeeittanee with he eenstfuetion
.a.,..time„ts whieh wefe submitted with anaeeepted . pa ft of the
appl;eatio,, fee ., building peft 'moi.The peFi rcho def shall immediately
inspeetof deteftni„os that s ..i. eh ge z „ts a new of amended
builds b. eh ,v ge shall not be made, „ and
t l , „toss .
00
w of
afehiteet and aeeempanted by an affida-vit stating that the plans and
speeifieations ee„,rl , with the TT„ifefi,, Code and Enefgy Cole, to vefify that
both the plans and the eenstfuetion installation eemply with the high wind lead
s, the Unifefin Code and Enefgy Code at the field inspeetion stage,
(3) Applieations fef standafd installations of solaf enefgy systems shall be made
nei and eeiz et ; f,,ft . 1, t .i f;
trz'iEtoi�rPivTecc-inxvrrnutl-oir�iecc arrcrEoirrrgdfz'iti6" diagfairr
pfepafed by a pfefessional eng-ineeiofTeg-istefedar-ehiteet and any „thef
mfeftnation that the Building irsreetof deems neeessafy. Appiieatiens zf
pfopefty shall be deteftnined within 14 business days of the filing of a eempleted
applieation.
sewage disposal ste
H. The building peftnit applieation and all suppefting doetimentation shall be made in
t-r-iplieate. Upon the isstianee of a building peftnit, the Building inspeetef shall fettifa one
eopy of all filed doetiments to the applieant.
j. As seen as the fetmdation of a building of of any addition to an existing building is
filed with the Building inspeetef an aeetifate survey, signed by the pefsen fesponsibi
appfeved by the Building inspeete.f.
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 Enemy 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:
(a) describe the location, nature, extent, and scope of the proposed work;
(b) show that the proposed work will conform to the applicable
provisions of the Codes;
(c) show the location, construction, size, and character of all portions of
the means of egress;
(d) show a representation of the building thermal envelope;
(e) 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;
(f) show the proposed structural, electrical, plumbing, mechanical, fire-
protection, and other service systems of the building;
(2) include a written statement indicating compliance with the Energy
Code;
(h) 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 trades and the proposed
finished trades, and, as applicable, flood hazard areas, floodways, and
design flood elevations; and
(i) 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 mineerin2 firm and not a
sole practitioner professional engineer, the firm's Certificate of
Authorization number.
(6) 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.
(7) 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 Enemy 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
Enemy Code.
(8) 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.
(9) 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.
(10) 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.
(11) 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 Enemy Code, the
Building Inspector shall revoke the Building Permit or suspend the Building
Permit until such time as the Permit Holder demonstrates that:
(a) all work then completed is in compliance with all applicable
provisions of the Uniform Code and the Enemy Code and
(b) all work then proposed to be performed shall be in compliance with
all applicable provisions of the Uniform Code and the Enemy Code.
D—. K—. Permit fees.
The fee specified in or determined in accordance with the provisions set forth in this chapter 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 Performnnee of work under permit. Climatic and Geographic Design Criteria
with the applieation, plans and speeifieations on whieh it is based, for-a period of 18-
menths after-the date of its issuanee. For-good ea-use, the Building inspeeter-may a!
an extension for- a periodnot o eedi n six tnenths—.
with the work in aeeer-danee with the appr-eved plans and speeifieations and in
aeeer-danee with the U-nifer-m Code and applieable building laws, or-di
r-egulations. All work shall eenfer-tn to the appr-eved applieation, plans and .
C. Complianee with the following r-egulations shall be a e adition for-thevalidity
and existenee of any building per-mit and issuanee of a -A-f-Aeeupaney by the
Town of Seu�ffield:
(1) Steftn v atei t-daeff generate ilt of up to a two inch n fall or- its
e"i,valent in melting snew/iee, shall be eentained on site "r-*
to ,event
implementation of and use of er-esieft eentfol meastif . "..d
erosion ,,.1 flooding of neighboring.
eig,L,.,,ing.. �.o.r;o� ,,.a roadways sh ll leo ,-o.a
0
el,,, ing btA not limited to straa-w bales, silt eentrei fen,es,airdler-g"gradin.-
and maintained to pfevent the efesion of soil and to pfevent the aeetimulation of
stagnant z .,tef the fee of within any stndettife leeated the fe.,,,
st.-o.,,v, pfevision shall be made to .weft that water-way afound any afea
disturbed by eenstndetien and feeenneeted to its natufal path by means of ettivefts
of tb.o 0 0
s.
D. Building peftnits shall be visibly displayed at the wefk site and shall femain visible until
the .,,,tb..,fize.a z efk has been eempleted.
A. The Building Inspector shall determine the climatic and 2eomphic 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 alone with any revisions thereto.
B. The Building Inspector shall prepare a written record of the climatic and
geomphic 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.
§ 144-11 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
subiect 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 subiect 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 Enemy Code. The Building
Inspector or a 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 Enemy 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 subiect 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 six (6) 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 brine the building or structure into full compliance with all applicable
provisions of the Uniform Code and the Energy Code.
L 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 chapter 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.
K. 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.
of the U-nifeftn Code, the Eftefgy Code and, if applieable, that the stndettife, building of
anothef plies with all plie bi r of the U-nif,,,-t„ (`ode
„,a
o �
(2' Flee, ,,a h eertifieatiens.
B.
(1) The buil.a;„gpeftn; numbef,
(2) The date of isrsuanee of the building peftn it if any; �
(3) The„ o d� .,n Map ap „ ,v,h the e }�J,�
(5) The use and eeeupaney elassifieati-en of the stnetttrel-
«' The type of eenstrueti-en of the struetttre.
( henen byeeettpa t lead of the stnetttre;
�to o,a
0
;t n
and-
the date of i-sPsuanee.
§ 144-4-8 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.
§ 144-479 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:
(a) Chapter 22, "Combustible Dust-Producing Operations.” Facilities
where the operation produces combustible dust;
(b) Chapter 24, "Flammable Finishes." Operations utilizing flammable or
combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS;
(c) Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or
crop-ripening facility or conducting a fruit-ripening process using
ethylene ;gas;
(d) Chapter 26, "Fumigation and Insecticidal Fouin2." Conducting
fumigation or insecticidal fouin2 operations in buildings, structures,
and spaces, except for fumigation or insecticidal fouin2 performed by
the occupant of a detached one-family dwelling;
(e) 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;
(f) Chapter 32, "High-Piled Combustible Storage."High-piled
combustible storage facilities with more than 500 square feet
(including aisles) of high-piled storage;
(2) 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;
(h) 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;
(i) Chapter 40, "Sumhouse Alternative Activity Provisions."
Conducting an alternative activity at a su2arhouse;
(i) 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;
(k) Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including
recreational fires and portable outdoor fireplaces;
(1) 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
(m) 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) Enemy storage systems, where the system exceeds the values shown in Table
1206.1 of the FCNYS or exceeds the permitted a22re2ate 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 2ara2es as defined in this chapter;
(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 chapter, and condition assessments
are performed in compliance with section 13 (Condition Assessments of Parking
Garages) of this chapter, as applicable.
D Inspections. The Building Inspector or an Inspector authorized by the Building
Inspector shall inspect the subiect 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 su2arhouse;
(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 chapter 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.
X144-20 - 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 2ara2e for evidence of deterioration of any structural element or
building component of such parking 2ara2e, evidence of the existence of any
unsafe condition in such parking 2ara2e, and evidence indicating that such
parking 2ara2e 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:
(a) buildings in which the only level used for parking or storage of motor
vehicles is on trade;
(b) an attached or accessory structure providing parking exclusively for a
detached one- or two-family dwelling; and
(c) 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 mineerin2 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
2ara2e shall cause such parking 2ara2e 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 2ara2e, 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 2ara2e 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 2ara2es constructed prior to August 29, 2018, shall undergo an
initial condition assessment as follows:
(a) if originally constructed prior to January 1, 1984, then prior to
October 1, 2019;
(b) if originally constructed between January 1, 1984 and December 31,
2002, then prior to October 1, 2020; and
(c) if originally constructed between January 1, 2003 and August 28,
2018, then prior to October 1, 2021.
(3) Any parking 2ara2e constructed prior to the effective date of the chapter
enacting this provision that has not undertone 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 chapter.
D Periodic Condition Assessments. Following the initial condition assessment of a
parking 2ara2e, such parking 2ara2e 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 2ara2e includes a
recommendation by the responsible professional engineer that an additional
condition assessment of such parking garage, or any portion of such parking
2ara2e, 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 2ara2e shall cause such parking 2ara2e (or, if
applicable, the portion of such parking 2ara2e 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 iud2ment of the Town of Southold,indicates that
an additional condition assessment of the entire parking 2ara2e, or of the
portion of the parking 2ara2e 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 2ara2e shall cause such
parking 2ara2e(or, if applicable, the portion of the parking 2ara2e 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 remedyin2 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
2ara2e, 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 rmardin2 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 ate, 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 iud2ment.
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 2ara2e 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 M. 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 2ara2e. Upon request by a professional engineer who has been en2a2ed to
perform a condition assessment of a parking 2ara2e, and who provides the Town of
Southold with a written statement attesting to the fact that he or she has been so
enured, the Town of Southold shall make the previously prepared condition
assessment reports for such parking 2ara2e(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 subiect parking 2ara2e 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 chapter;
(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 chapter; 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.
X144-21 -NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing firefthtin2 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 las 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.
X144-23 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 a 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 allmin2 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, 2ivin2 rise to reasonable
cause to believe that conditions or activities failing to comply with the
Uniform Code or Enemy 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 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 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 chapter.
E Fee. The fee specified in or determined in accordance with the provisions set forth in
section 18 (Fees) of this chapter 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.
X144-24 - COMPLAINTS
The Building Inspector shall review and investigate complaints which allele or assert the existence of
conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any
other chapter, 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:
(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 the manner described in section 144-26 of this
chapter;
(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.
§ 144-20 25 - Compliance required; penalties for offenses.
A. it shall be unlawful for any person, firm or eorporntion to eonstruet, n1te >
move, remove, demolish, equip, use or oeeupy or maintain any building or strueture
or portion thereof in violation of I . . . hns of this ehnpter, or to fail in any
manner to eomply with a notiee, direetive or order of the Building inspeetor, or to
eonstruet, niter or use and oeeupy any building or strueture or part thereof in ft
manner not permitted by an approved building permit or eertifiente of oeeupfin-e-Y.
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
chapter. 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 chapter; shall specify the provision or provisions of
the Uniform Code, the Energy Code, or this chapter 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
chapter or by any other applicable statute, regulation, rule, chapter 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,
R.-LI) 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.
E (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 Iniunctive 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, enioin,
correct, or abate any violation of, or to enforce, any provision of the Uniform Code,
the Enemy Code, this chapter, 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 chapter. 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 Enemy Code, this chapter,
or any Stop Work Order, Order to Remedy or other order obtained under the
Uniform Code, the Enemy Code or this chapter, 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 chapter,in any other
section of this chapter, 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 chapter,in any other
section of this chapter, 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.
§ 144-24-26 - 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.
X144-27 - 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 chapter, provided that such agreement does not violate any provision of the Uniform Code, the
Enemy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.
IV. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Chapter 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.
V. EFFECTIVE DATE
This Chapter shall take effect immediately upon filing with the Secretary of State as provided by law.
✓Vote Record-Resolution RES-2023-439
❑ Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action —
❑ Lost
2023-440
CATEGORY.• Enact Local Law
DEPARTMENT. Town Clerk
Enact Chapter 280, Zoning-Accessory Apartments
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York,
on the 28h day of March, 2023, a Local Law entitled "A Local Law in relation to an Amendment to Chapter
280, Zoning, Accessory Apartments" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at
which time all interested persons were given an opportunity to be heard, now therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled,
"A Local Law in relation to an Amendment to Chapter 280, Zoning,Accessory Apartments"which reads
as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning,Accessory
Apartments"
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 regard to Accessory Apartments
II. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding the underlined
words as follows:
§ 280-4 Definitions.
B. Definitions and usages. 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 New International Dictionary of
the English Language, unabridged(or latest edition).
APARTMENT
An entirely self-contained dwelling unit consisting of a minimum of 4-5-0 220 square feet of living area
containing complete housekeeping facilities for only one family, including any domestic servants employed on
the premises and having no enclosed space (other than vestibules, entrance hallways or porches) or cooking or
sanitary facilities in common with any other dwelling unit and/or "apartment."
§280-13 Use Regulations
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part
of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any uses except the following:
A. Permitted uses.
(6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a
rental permit in accordance with § 280-13D and the following requirements:
(b) The ownef of the existing Etwelling shall eeetlpy one of the Etwelling tmits as the
ownef's pfifteipal fess eftee. One of the dwelling units shall be for the sole
exclusive use of the owner or family member as defined in chapter 280-4 The
other dwelling unit shall be leased for year-round occupancy, evidenced by a
written lease for a term of one or more years.
(e) Th- -..e family Etwelling shall eentain fiet less than 1,600 squafe feet
Ii-,a le floo-
(c) The accessory apartment shall contain not less than 450 220 square feet of livable
floor area, with no more than two (2)bedrooms and one(1)bathroom.
(e) (41 The accessory apartment shall not exceed 40 . f the livable floor area of the
existing Etwelling unit and any addition thefete pefmitted tmdef § 280 13B(13)6)
25% of the habitable space of the entire residence based upon properly
certified structures at the time of the effective date of this code.
(f) (e) A minimum of three off-street parking spaces shall be provided.
(g)(f) Not more than one accessory apartment shall be permitted on a lot.
(fir)W The accessory apartment shall meet the requirements of an apartment as defined in
§ 280-4 hereof.
(i)(h) The exterior entry to the accessory apartment shall, to the maximum extent
possible, retain the existing exterior appearance of a one-family dwelling.
(j)(i) Subject to all other restrictions and requirements in this Code, a reasonable
expansion of the existing foundation, not to exceed 25% of the living space of the
existing dwelling unit, may be permitted to accommodate the creation of an
accessory apartment.
(k)W All conversions shall be subject to the inspection of the Building Inspector and
issuance of a certificate of compliance.
(m)W The existing building, together with the accessory apartment, shall comply with
all other requirements of Chapter 280 of the Town Code of the Town of Southold.
(-n)(1) Notwithstanding the provisions of§ 280-13B hereof, no site plan approval by the
Planning Board shall be required for the establishment of an accessory apartment.
(a) Approval by the Suffolk County Department of Health Services of the water
supply and sewage disposal systems shall be required.
(R)(n) No bed-and-breakfast facilities, as authorized by § 280-13B(14) hereof, shall be
permitted in or on premises for which an accessory apartment is authorized or
exists.
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a
special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the
Planning Board,provided that not more than one use shall be allowed for each 40,000 square feet of lot area:
(13) One accessory apartment in a lawfully existing detached accessory garage, barn or
storage building, subject to the following requirements:
(a) The accessory apartment shall contain no less than 4-50 220 square feet and shall
not exceed 750 square feet of livable floor area and shall have no more than one
bedroom and one bathroom
(e) The entirety of the living floor area of the accessory apartment must be on one
floor of the accessory structure, as certificated at the time of the effective date
of this code
(i) Occupancy of resident structures on the premises shall be subject to the issuance
of an annual rental permit in accordance with § 280-13D and the following
requirements:
[1] The ownef of the pfetnises shall eeeupy eithef the existing single fatni1y
stndet as the owner's pfifteipal fess eftee One of the dwelling units
shall be for the sole, exclusive use of the owner or family member as
defined in chapter 280-4 The other dwelling unit shall be leased for
year-round occupancy evidenced by a written lease for a term of one or
more years to:
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-2023-440
❑ Adopted
❑ Adopted as Amended
Yes/Aye No/Nay Abstain Absent
❑ Defeated
❑ Tabled Sarah E.Nappa El El El El
❑ Withdrawn Greg Doroski _— El El El El
❑ Supervisor's Appt
Brian O.Mealy ❑ ❑ ❑ ❑
❑ Tax Receiver's Appt —
❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans _— El El El El
❑ Supt Hgwys Appt _—
Scott A.Russell ❑ ❑ ❑ ❑
❑ No Action
❑ Lost
VI. Public Hearings
1. PH 5/9 7:00 Pm LL Chapter 144 Fire Prevention and Building Code Administration
2. PH 5/9 7:00 Pm -LL Chapter 280 Accessory Apartments