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HomeMy WebLinkAboutLL #14 2024 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMA,CE.PLAZA KATHY HOCHUL 99 WASHING.TON AVENUE GOVERNOR ALBANY,NY 12231-0001 WALTER T. MOSLEY HTTPS://DOS,NY.GOV SECRETARY OF STATE August 12, 2024 Town of Southold CIVIE® Town Hall 53095 Main Road PO Box 1179 - f Southold, New York 11971 AUG' 1 9 2024 Southold ToWn •C:lerk RE: Town of Southold, Local Law 14 and 15 2024, filed on 8/6/2024 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov'. Sincerely, State Records and Law Bureau (518) 473-2492 . YOW Department TATE of State 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 ®� ��®� Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtownnygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 2, 2024 Priority Mail Express E� 3 U OZ�( 1.5 us RE: Local Laws No. 14 & 15 of 2024 Town of Southold, Suffolk County New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany,NY 12231 Dear Sir/Madam: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith Local Laws No. 14 and 15 of 2024 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of this enclosure in your office. Thank you. Very truly yours, Jennifer M. Mudd Deputy Town Clerk Enclosures cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Albany,NY 12231-0001 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City 21 Town of SOUTHOLD ❑ Village Local Law No. 14 of the year 2024 . A Local Law entitled, A Local Law in relation to an Amendment to Chapter 96,Boats, Docks and Wharfs Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village I. Purpose - The Purpose of the amendment is to address waterfowl blinds. II. Amendment- The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: § 96-1 Permit required. No person shall place any piles, stakes, buoys, piers, docks, waterfowl blinds, bulkheads or other objects in or on any Town waters or public lands under or adjacent to Town waters in the Town of Southold, nor shall any person remove any sand, gravel or other materials from lands under Town waters in the Town of Southold without first obtaining a permit therefor from the Board of Trustees of the Town of Southold. § 96-3 Issuance of permits by Board of Trustees. The Board of Trustees of the Town of Southold is hereby authorized and empowered: A. To issue revocable permits for the placing of piles, stakes,buoys, docks, waterfowl blinds or other objects in or on any Town waters or public lands under or adjacent to Town waters, and for the removal of sand, gravel or other materials from lands under Town waters,provided that the same do not obstruct or interfere with navigation or the public use of said waters or lands. § 96-7 Definitions. For the purpose of this article;the terms used herein are defined as follows: (If additional space is needed, attach pages the same size as this sheet,and number each.) DOS-239-f-1(Rev.04/14) 1 f A Waterfowl Blind - Any structure or device, whether it be affixed, floating, portable or otherwise, constructed or utilized for the purpose of hunting waterfowl. § 96-19 Bathing and swimming. No person shall swim or bathe in the mouth of Mattituck Inlet. § 96-24 Mooring and Waterfowl Blind Permits. A. The Town of Southold permits the installation of moorings for boats in specified locations of Town waters. The use of moorings has increased to such an extent that the number of moorings has begun to impair the fragile marine environment in the surrounding Town waters. The Town Board therefore declares it to be the policy of the Town to restrict and regulate the issuance of mooring permits as described herein. All boats permitted to use a mooring shall be entitled to such use between the months of April and December only. D. The Town of Southold permits the installation of a limited number of waterfowl blinds in specified locations of Town waters for a period from October 1 through March 15. E. Conditions: 1. Permitted functional blinds shall be in place by no later than December 1 each year or the permit will be rescinded. Blinds must be removed no later than March 31st. 2. An applicant must provide an aerial image depicting a 500ft unobstructed safety zone at least 180' around the blind for firearm discharge in from of the blind; this may not include any navigation channels. 3. A blind may be no closer than 500ft from another blind. 4. A copy of the permit must be posted inside the blind. 5. No more than one blind permit will be issued per person. 6. Existing permit holders may be eligible for grandfathering of positions at the Trustee's discretion. F. Severability: 1. Permitted, functional blinds shall be in place by no later than December 1 st each year or the permit may be revoked. 2. Blinds must be removed no later than March 31 st. 3. Waterfowl blind permits may be revoked at the discretion of the Board of Trustees upon resolution at a noticed public meeting. 4. The Town may remove or cause to be removed any blind that is in violation of the Town Code with the cost associated with removal and storage borne by the owner/permittee. Upon reasonable notice to the owner/permittee. 5. The Board of Trustees reserves the right to regulate the placement of waterfowl blinds, as well as the season and hours of operation to minimize user conflict and promote safety. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 2 r (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 14 of 20 24 of the (Town) of SOUTHOLD was duly passed by the TOWN BOARD on July 30 , 20 24, in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village) of was duly passed by the on 20 , and was(approved)(not approved)(re-passed after disapproval)by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify,that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was(approved)(not approved)(repassed after disapproval)by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the(general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) , of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239-f-1(Rev.04/14) 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of I,, having been submitted to referendum pursuant to the provisions of section (36)(37)of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with th ri ' al on file in this office and that the same is a correct transcript there from and of the whole of such original loc aw and was fina adopted in the manner indicated in paragraph 1 , above. Cle of the County legislative body, City, Town or (Seal) Village Clerk or officer designated by local legislative body Denis Noncarrow,Town Clerk Date: August 1,2024 DOS-239-f-1(Rev.04/14) 4 �•,,JfiPlM�� RESOLUTION 2024-703 ADOPTED DOC ID: 20513 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-703 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 30,2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 4th day of June, 2024, a Local Law entitled"A Local Law in relation to an Amendment to Chapter 96,Boats,Docks and Wharfs," 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 96, Boats,Docks and Wharfs," which reads as follows: LOCAL LAW NO. 14 of 2024 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 96, Boats, Docks and Wharfs," BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The Purpose of the amendment is to address waterfowl blinds. II. Amendment- The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: § 96-1 Permit required. No person shall place any piles, stakes, buoys, piers, docks,waterfowl blinds, bulkheads or other objects in or on any Town waters or public lands under or adjacent to Town waters in the Town of Southold, nor shall any person remove any sand, gravel or other materials from lands under Town waters in the Town of Southold without first obtaining a permit therefor from the Board of Trustees of the Town of Southold. § 96-3 Issuance of permits by Board of Trustees. The Board of Trustees of the Town of Southold is hereby authorized and empowered: A. To issue revocable permits for the placing of piles, stakes, buoys, docks, waterfowl blinds or other objects in or on any Town waters or public lands under or adjacent to Town waters, and for the removal of sand, gravel or other materials from lands under Town waters, provided that the same do not obstruct or interfere with navigation or the public use of said waters or lands. Resolution 2024-703 Board Meeting of July 30, 2024 § 96-7 Definitions. For the purpose of this article, the terms used herein are defined as follows: Waterfowl Blind -Any structure or device,whether it be affixed, floating, portable or otherwise, constructed or utilized for the purpose of hunting waterfowl. § 96-19 Bathing and swimming. No person shall swim or bathe in the mouth of Mattituck Inlet'' * designated by b e"between .��» � Nos. 3 and-- § 96-24 Mooring and Waterfowl Blind PPermits. A. - The Town of Southold permits the installation of moorings for boats in specified locations of Town waters. The use of moorings has increased to such an extent that the number of moorings has begun to impair the fragile marine environment in the surrounding Town waters. The Town Board therefore declares it to be the policy of the Town to restrict and regulate the issuance of mooring permits as described herein. All boats permitted to use a mooring shall be entitled to such use between the months of April and December only. D. The Town of Southold permits the installation of a limited number of waterfowl blinds in specified locations of Town waters for a period from October 1 through March 15. E. Conditions: 1 Permitted functional blinds shall be in place by no later than December 1 each year or the permit will be rescinded. Blinds must be removed no later than March 31st. 2 An applicant must provide an aerial image depicting a 500ft unobstructed safety zone at least 1800 around the blind for firearm discharge in from of the blind; this may not include any navigation channels. 3 A blind may be no closer than 500ft from another blind. 4 A copy of the permit must be posted inside the blind. 5 No more than one blind permit will be issued per person. 6 Existing permit holders may be eligible for grandfathering of positions at the Trustee's discretion. F. Severability: 1 Permitted, functional blinds shall be in place by no later than December 1st each year or the permit may be revoked. 2. Blinds must be removed no later than March 31st. 3 Waterfowl blind permits may be revoked at the discretion of the Board of Trustees upon resolution at a noticed public meeting. 4 The Town may remove or cause to be removed any blind that is in violation of the Town Code with the cost associated with removal and storage borne by the owner/permittee Upon reasonable notice to the owner/permittee. 5 The Board of Trustees reserves the right to regulate the placement of waterfowl blinds, as well as the season and hours of operation to minimize user conflict and promote safety. Updated: 8/l/2024 9:31 AM by Lynda Rudder Page 2 Resolution 2024-703 Board Meeting of July 30, 2024 R 96 32 uhereof o�r;,,� J request granted hearing before the-Board of T-Fastees, provided that sueh �taaeaefer-m4th the Tow"Cie per-son CJ4 shall meeting.thereto a eepy of the notiee of violation upen whieh a hearing is requested and shall s ��the reasons why stteh notice Of ii.4elp-tion should be modified or.reseinded. B. The Tewn Clerk shall present sueh request to the Beard ef Tmstees at its HeA r-egu Tl, R .1 11 e .� +;ma d b, hearinga b. 11 f T + 11t va1 fu 9we the per-son r-equesting the same at least five notiee of the time and plaee thereof-. G. A+ 1, b, +b. requesting+b, ' per-sonat vrepresentativegiven sustain, modify or reseind s,ueh notiee of violation or-revoke any permit p- i- ly issued and�hall speeiPf-� reasons the o f +1, b, .1 .1 + ,,atier, of the 12 ,�a „f a III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans Updated: 8/l/2024 9:31 AM by Lynda Rudder Page 3 Noncarrow, Denis From: DeChance, Paul Sent: Tuesday,July 30, 2024 8:05 PM To: Noncarrow, Denis Subject: Amended Chap 96 At 96-24(F)(4)—add the following after"owner/permittee " , upon reasonable notice to the owner/permittee. Paul Paul M. DeChance, Esq. Town Attorney Town of Southold Southold Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold,NY 11971 Office (631) 765-1939 Fax (631)765-6639 pauld@southoldtownny.gov r 1 e5 c 16dff jemifer.mudd@tomn.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk County, The undersigned is the authorized designee of the Suffolk Times,a Weekly Newspaper published in Suffolk County, New York.I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: 07/18/2024 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such,is eligible to publish such notices. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 19 day of July 2024 Digitally signed DOUGLASWREA by doug las w rea Notary Public•State of New York Date: 2024.07.19 NO.01RE6398443 13:58:39 +00:00 Qualified in Albany County My Commission Expires Sep 30,2027 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 4th day of June, 2024, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 96, Boats. Docks and Wharfs," and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 30th day of July. 2024 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chanter 96, Boats. Docks and Wharfs," which reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "A Local Law in relation to an Amendment to Chaster 96, Boats. Docks and Wharfs," BE IT ENACTED by the Town, Board of the Town of Southold as follows: I. Purpose - The Purpose of the amendment is to address waterfowl blinds. A complete copy of this proposed Local Law is available on the town website: southoldtownny.gov or by contacting the Town Clerk's Office. June 4, 2024 BY ORDER OF THE TOWN BOARD Denis Noncarrow, Town Clerk r• 4 Mudd, Jennifer From: Tomaszewski,Zachary Sent: Tuesday,June 11, 2024 11:22 AM \To: Mudd,Jennifer Subject: RE: Emailing: Chapter 96.docx Good morning, This is posted on the website. Zac Tomaszewski Town of Southold Information Technologies Dept. Network&Systems Specialist II Office: 631.765.1891 Cell: 631.879.1553 zact@southoldtownny.gov CONFIDENTIALITY NOTICE:This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. -----Original Message----- From: Mudd,Jennifer<jennifer.mudd@town.southold.ny.us> Sent:Tuesday,June 11, 202411:15 AM To: DeChance, Paul<pauld@southoldtownny.gov>; Doherty,Jill <jill.doherty@town.southold.ny.us>; Doroski, Greg <greg.doroski@town.southold.ny.us>; Evans, Louisa<louisae@town.southold.ny.us>;Johnson, Benjamin <benjaminj@southoldtownny.gov>; Krupski, Al<alk@town.southold.ny.us>; Lisa Finn (lisaahfinn@gmail.com) <lisaahfinn@gmail.com>; McGivney,Julie<juliem@southoldtownny.gov>; Mealy, Brian <brian.mealy@town.southold.ny.us>; Norklun, Stacey<Stacey.Norklun@town.southold.ny.us>; Reisenberg, Lloyd <Lloyd.Reisenberg@town.southold.ny.us>; Smith, Anne<anne.smith@town.southold.ny.us>; Squicciarini,James <jacks@southoldtownny.gov>;Standish, Lauren<Lauren.Standish@town.southold.ny.us>;Tomaszewski, Michelle <michellet@town.southold.ny.us>;Tomaszewski,Zachary<zact@southoldtownny.gov>; David McCall (dmccall@fiferry.com) <dmccaII@fiferry.com>; Fog Horn (ficommunityboard@gmail.com) <ficommunityboard@gmail.com>;geb cook<gcook@fiferry.com>;Jane Ahrens(ahrens.jane@gmail.com) <ahrens.jane@gmail.com>;Jane Ahrens (finyinfo@gmail.com) <finyinfo@gmail.com> Cc: Noncarrow, Denis<denisn@southoldtownny.gov>; Rudder, Lynda <lynda.rudder@town.southold.ny.us>; Born, Sabrina <sabrina.born@town.southold.ny.us> Subject: Emailing: Chapter 96.docx Good Morning, i Please see the attached Legal Notice-Ch. 96-Boats, Docks and Wharfs. r Thank you, Jen Jennifer M. Mudd Sub-Registrar and Deputy Town Clerk Account Clerk Southold Town Clerk's Office i f <V 53095.Route 25 P.O. Box 1179 Southold, NY 11971 Phone: 631-765-1800 ext. 1274 Fax: 631-765-6145 Your message is ready to be sent with the following file or link attachments: Chapter 96.docx t Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. i z LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been.presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 4th day of June, 2024, a Local Law entitled"A Local Law in relation to an Amendment to Chapter 96,Boats,Docks and Wharfs," and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 30th day of July, 2024 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 96, Boats, Docks and Wharfs," which reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 96,Boats, Docks and Wharfs," BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The Purpose of the amendment is to address waterfowl blinds. II. Amendment- The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: § 96-1 Permit required. No person shall place any piles, stakes, buoys, piers, docks,waterfowl blinds, bulkheads or other objects in or on any Town waters or public lands under or adjacent to Town waters in the Town of Southold, nor shall any person remove any sand, gravel or other materials from lands under Town waters in the Town of Southold without first obtaining a permit therefor from the Board of Trustees of the Town of Southold. § 96-3 Issuance of permits by Board of Trustees. The Board of Trustees.of the Town of Southold is hereby authorized and empowered: A. To issue revocable permits for the placing of piles, stakes, buoys, docks,waterfowl blinds or other objects in or on any Town waters or public lands under or adjacent to Town waters, and for the removal of sand, gravel or other materials from lands under Town waters, provided that the same do not obstruct or interfere(with navigation or the public use of said waters or lands. § 96-7 Definitions. For the purpose of this article, the terms used herein are defined as follows: Waterfowl Blind -Any structure or device,whether it be affixed, floating, portable or 4 / otherwise, constructed or utilized for the purpose of hunting waterfowl. § 96-19 Bathing and swimming. No person shall swim or bathe in the mouth of Mattituck Inlet between eas designate by We), Nos § 96-24 Mooring and Waterfowl Blind PPermits. A. The Town of Southold permits the installation of moorings for boats in specified locations of Town waters. The use of moorings has increased to such an extent that the number of moorings has begun to impair the fragile marine environment in the surrounding Town waters. The Town Board therefore declares it to be the policy of the Town to restrict and regulate the issuance of mooring permits as described lierein. All boats permitted to use a mooring shall be entitled to such use between the months of April and December only. D. The Town of Southold permits the installation of a limited number of waterfowl blinds in specified locations of Town waters for a period from October 1 through March 15. E. Conditions: 1. Permitted functional blinds shall be in place by no later than December 31 each year or the permit will be rescinded. Blinds must be removed no later than March 31st. 2. An applicant must provide an aerial image depicting a 500ft unobstructed safety zone at least 1801 around the blind for firearm discharge in from of the blind;.this may not include any navigation channels. 3. A blind may be no closer than 500ft from another blind. 4. A copy of the permit must be posted inside the blind. 5. No more than one blind permit will be issued per person. 6. Existing permit holders may be eligible for grandfathering of positions at the Trustee's discretion. F. Severability: 1 Permitted, functional blinds shall be in place by no later than December 31st each year or the permit may be revoked. 2. Blinds must be removed no later than March 31st. 3 Waterfowl blind permits may be revoked at the discretion of the Board of Trustees upon resolution at a noticed public meeting. 4 The Town may remove or cause to be removed any blind that is in violation of the Town Code with the cost associated with removal and storage borne by the owner/permittee. 5. The Board of Trustees reserves the right to regulate the placement of waterfowl blinds, as well as the season and hours of operation to minimize user conflict and promote safety. A 96 32 Hearing hereofA. Any per-son affected by a notiee of vielation issued pursuant to the preceding seefie mayrequest and shall be g „to,l ., hearing be f re the Board of Trasteea provided sueh per-son shall file a vmitten request ther-@f6r with the Town Cieiic within 10 days after serviee of the nefiee of vielatien. Sueh request shall have at-mem thereto a eepy of the notiee of violation upon w-hieh a hear-ing,is requested and shall s f ftl, the reasons h sueh natiee fviolation should be modified or reseinded. days'B. The Town Clerk shall present stieh request to the Board of Tfustees at its nex4 regular- meeting. The Board of Tmstees shall set a time and plaee fer- sueh hearing and sha4l the per-son requesting the same at least five nefiee of the time and Plaee thereof G. At sueh hearing, the per-son requesting the same or his representative shall bp given-affl. opportunity t 1, eause <,h sueh fietiee f violation should be m, difie l r-eseinded. After sueh hearing,the Board fTrastees m sustain, Modify o o .,,1 such nefiee of--vielatien or revoke any pefmit previously issued and shall specify the reasons the of 11 the hearing and deteEmination of the Bt efflr�-of T-�Rstees. D. The notiee of violation for-whieh a he E)sted shall eepAinue in eff-eet pending 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. June 4, 2024 BY ORDER OF THE SOUTHOLD TOWN BOARD Denis Noncarrow, Town Clerk r� STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Denis Noncarrow, Town Clerk of the Town of Southold,New York being duly sworn, says that on the IIth day of JUNE, 2024, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York,to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town Website: www.southoldto=.gov Ch. 96—Boats, Docks and Wharfs Denis Noncarrow Southold Town Clerk Sworn to before me on the 11 th day of June, 2024 Notary Public SABRINA M BORN Notary Public,State of New York No.01B06317038,Suffolk Coup4( Commission Expires Dec.22,20 ! .. k , Southold Town Board- Letter Board Meeting of June 4, 2024 RESOLUTION 2024-515 Item# 5.41 ADOPTED DOC ID: 20335 o _ l THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-515 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 4,2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 4th day of June, 2024, a Local Law entitled"A Local Law in relation to an Amendment to Chapter 96, Boats,Docks and Wharfs," and WHEREAS the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at-Southold Town Hall, 53095 Main Road, Southold,New York, on the 30th day of July, 2024 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 96, Boats, Docks and Wharfs,"which reads'as follows: LOCAL LAW NO. 202'4 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 96, Boats, Docks and Wharfs," BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose -The Purpose of the amendment is to address waterfowl blinds. II. Amendment- The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: § 96-1 Permit required. No person shall place any piles, stakes, buoys,piers, docks,waterfowl blinds,bulkheads or other objects in or on any Town waters-or public lands under or adjacent to Town waters in the Town of Southold, nor shall any person remove any sand, gravel or other materials from lands under Town waters in the Town of Southold without first obtaining a permit therefor from the Board of Trustees of the Town of Southold. § 96-3 Issuance of permits by Board of Trustees. The Board of Trustees of the Town of Southold is hereby authorized and empowered: A. To issue revocable permits for the placing of piles, stakes, buoys, docks, waterfowl blinds or other objects in or on any Town waters or public lands under or adjacent to Generated June 6, 2024 Page 64 r Southold Town Board- Letter Board Meeting of June 4, 2024 Town waters, and for the removal of sand, gravel or other materials from lands under Town waters,provided that the same do not obstruct or interfere with navigation or the public use of said waters or lands. § 96-7 Definitions. For the purpose of this article,the terms used herein are defined as follows: Waterfowl Blind -Any structure or device,whether it be affixed, floating, portable or otherwise, constructed or utilized for the purpose of hunting waterfowl. § 96-19 Bathing and swimming. No person shall swim or bathe in the mouth of Mattituck Inlet between areas designated by buoy Nos Z .,n G § 96-24 Mooring and Waterfowl Blind PPermits. A. The Town of Southold permits the installation of moorings for boats in specified locations of Town waters. The use of moorings has increased to such an extent that the number of moorings has begun to impair the fragile marine environment in the surrounding Town waters. The Town Board therefore declares it to be the policy of the Town to restrict and regulate the issuance of mooring permits as described herein. All boats permitted to use a mooring shall be entitled to such use between the months of April and December only. D. The Town of Southold permits the installation of a limited number of waterfowl blinds in specified locations of Town waters for a period from October 1 through March 15. E. Conditions: 1 Permitted functional blinds shall be in place by no later than December 31 each year or the permit will be rescinded. Blinds must be removed no later than March 31st. 2 An applicant must provide an aerial image depicting a 500ft unobstructed safety zone at least 1801 around the blind for firearm discharge in from of the blind; this may not include any navigation channels. 3. A blind may be no closer than 500ft from another blind. 4. A copy of the permit must be posted inside the blind. 5. No more than one blind permit will be issued per person. 6 Existing permit holders may be eligible for grandfathering of positions at the Trustee's discretion. F. Severability: 1 Permitted, functional blinds shall be in place by no later than December 31st each year or the permit may be revoked. 2. Blinds must be removed no later than March 31st. 3 Waterfowl blind permits may be revoked at the discretion of the Board of Generated June 6, 2024 Page 65 Southold Town Board- Letter Board Meeting of June 4, 2024 Trustees upon resolution at a noticed public meeting. 4. The Town may remove or cause to be removed any blind that is in violation of the Town Code with the cost associated with removal and storage borne by the owner/permittee. 5. The Board of Trustees reserves the right to regulate the placement of waterfowl blinds, as well as the season and hours of operation to minimize user conflict and promote safety. 32 Hearing. A A per-sonaffected by n ..tine of violationissued p r-sua t to the„ eeding seetie„ hereof may request and shall be granted a hea-ring befer-e the Beard of Trustees, provided that sueh per-son shall file a vmitten request ther-efer-with the Town Cie within 10 days after serviee of the notiee of violation. Such request shall have annex thereto a eopy of the netiee of violation upon whieh a hearing is requested and shall set feAh the reasens Lt .t 1 el, natieft,e el.,tet1should t, sho lld be medified or- Za dell Jt 111Ut B. The Tovffi Clerk shall present sueh r-equest to the Board of TFustees at its nex4 regul—ar meeting. The Board of T-Fustees shall set a time and plaee for sueh hearing and shall the requestingper-sort same the at least five _ s'notice__ f the t.111t+ U11U lJ and pinee theeeG. At sueh hearing,the per-son requesting the same or his representative shall be given—an l{AtV lllVll-tvl. oppef d__.,<) t 't< t 1, eause ,.h el, „etin of:violation should be medif:ed hearing, the Beard of Trustees maysustain, sueh notiee of violation or revoke any permit previous!), issued and shall speeif�,the reasons tl,e ef^ the hearingand determination of the Bo ,.d of III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Denis Noncarrow Southold Town Clerk RESULT: ' ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Greg Doroski, Councilman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty ABSENT: Louisa P. Evans Generated June 6, 2024 Page 66