HomeMy WebLinkAboutLL #15 2024 STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMAIt i.PLAZA KATHY HOCHUL
99 WASHING70N_-AVENUE GOVERNOR. . _ _' .._ _ .. ._....___ -,.____
ALeiNiY,WY12231-0001 WALTER T. MOSLEY
HTTPS://DOS,NY,GOV SECRETARY OF STATE
August 12, 2024
Town of Southold
�' CI 9;;BE
Town Hall 53095 Main Road
PO Box 1179 AUG' i 9 2024
Southold, New York 11971
Sout' d Town 'Clerk
RE: Town of Southold,-Local Law 14•and 16 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 .
vNE K Department
TATE of State
DENIS NONCARROW ' �� Town Hall,53095 Main Road
TOWN CLERK a 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
EE 380 079 915 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,
�1.
Jennifer M. Mudd
Deputy Town Clerk
Enclosures
cc: Town Attorney
Y , 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
R1 Town of SOUTHOLD
❑ Village
Local Law No. 15 of the year 2024.
A Local Law entitled, A Local Law in relation to an Amendment to Chapter 275 Wetlands and Shoreline
Be it enacted the Town Board of the:
❑ County
❑ City
0 Town of SOUTHOLD
❑ Village
I. Purpose -The Purpose of the amendment is to amend Chapter 275 Wetlands and Shoreline.
II. Amendment-The Southold Town Code is hereby amended by removing the struck through words and
adding the underlined words as follows:
§ 275-11 Construction and operation standards.
A. General. The following standards are required for all operations within the jurisdiction of the
Trustees:
(4) Fences.
(f) Fences shall not be permitted within 20 feet of any wetland boundary.
C. In water. The following standards are required for all in-water operations adjacent to residential
properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility
in these requirements given the water-dependent nature of their use.
(2) Docks
(b) Dock locations and lengths.
[2] Within creeks and other narrow waterways, no dock length shall exceed
1/4 the total width of the water body. Determination of the length of the
dock must include the dimensions of the vessel.
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239-f-1(Rev.04/14)
1
§ 275-12.1 Stop-work orders.
A. The Harbor Master, Zoning Inspector, Ordinance Inspector or Code Enforcement Officer are
authorized to issue stop-work orders pursuant to this section to halt:
(1) Any work that is determined to be contrary to any applicable provision of this chapter, or:
(a) Any work that is being conducted in a dangerous or unsafe manner in the opinion
of the Harbor Master, Zoning Inspector, Ordinance Inspector or Code
Enforcement Officer, without regard to whether such work is or is not work for
which a Trustee permit is required, and without regard to whether a Trustee permit
has or has not been issued for such work; or
B. Stop-work orders shall:
(2) Be dated and signed by the Harbor Master, Zoning Inspector, Ordinance Inspector or
Code Enforcement Officer;
C. The Harbor Master, Zoning Inspector, Ordinance Inspector or Code Enforcement Officer shall
cause the stop-work order, or a copy thereof,to be posted on the subject property and to be
served by personal service or certified mail on any one or more of the following: the owner of
the-subject property, the permit holder, the builder, architect, tenant, contractor, subcontractor,
construction superintendent, or their agents, or any other person taking part or assisting in work
or activity which is the subject of the stop-work order.
§ 275-15 Coordination and enforcement.
The Harbor Master, Zoning Inspector, Ordinance Inspector and/or the Code Enforcement Officer are
responsible for coordination and enforcement of the provisions of this chapter.
§ 275-16 Compliance requirements; penalties for offenses.
A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents
or any other person to fail to comply with any provisions of this chapter or to fail in any manner
to comply with a written notice, directive or order of the Harbor Master, Zoning Inspector,
Ordinance Inspector or Code Enforcement Officer or to conduct any operation in a manner not in
compliance with a permit issued pursuant to this chapter.
B. For each offense against any of the provisions of this chapter or any regulations made pursuant
thereto, or failure to comply with a written notice or order of any Harbor Master, Zoning
Inspector, Ordinance Inspector or Code Enforcement Officer within the time fixed for
compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any
other person who commits or participates in the commission of any such offense or who shall fail
to comply with a written order or notice of the Harbor Master, Zoning Inspector, Ordinance
Inspector or Code Enforcement Officer shall be subject to the following fine schedule. Each day
on which such violation occurs may constitute a separate, additional offense.
(1) Failure to obtain a permit.Any person conducting operations within the jurisdiction of the
Trustees without first obtaining a permit according to the procedures outlined in this
chapter shall be subject to a fine not to exceed $25,000 or a term of imprisonment not to
exceed six months, or both.
(2) Failure to comply with the terms of a permit.
(a) Any person failing to comply with the terms of a permit shall be subject to a fine
not to exceed $25,000 or a term of imprisonment not to exceed six months, or
both.
(b) Any person failing to comply with posting the permit and/or the requirement for
supporting plans to be available for immediate inspection pursuant to § 275-10
shall be subject to a fine not to exceed $5,000.
(3) Failure to heed a stop-work order.Any person conducting operations in direct
contradiction to the terms of a stop-work order shall be subject to a fine not to exceed
$25,000 or a term of imprisonment not to exceed six months, or both.
2
(4) Restoration. In lieu of or in addition to the penalties provided for herein, any
person in violation of any of the provisions of this chapter may be required to restore the
affected wetland to its condition prior to the offense. The Trustees reserve the right to
require specific replanting and restoration methods, including specific survivability and
success criteria.
(5) Failure to comply with a restoration plan.Any person failing to comply with the terms of
a mandated restoration plan as detailed in Subsection B(4) of this section within the
proscribed period of time for completion shall be guilty of an offense and subject to a fine
not to exceed $25,000, or a term of imprisonment not to exceed 6 months, or both.
(6) For the offense of conducting or engaging in any coastal construction project or business
without having first obtained a license, or while his license is suspended or revoked, a
violator shall be subject to a fine not to exceed$10,000.
(7) Mitigation. When on-site wetlands restoration and creation may be unfeasible due to
technical or other constraints, other mitigative measures, such as off-site wetland
restoration or creation,may be required.
(8) Other offenses. For an offense against any of the provisions of this chapter not
specifically designated above, a violator shall be subject to a fine not to exceed $25,000.
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
3
(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. 15 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-I(Rev.04/14)
4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37)of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the(special)(general) election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the lginal on file in t is office and that the same is a
correct transcript there from and of the whole of such original local w, an was final adopted in the manner indicated
in paragraph 1 , above.
ClerVOXhe County egislati ody, City, Town or
(Seal) ViII46 Clerk or officer designated by local legislative body
Denis Noncarrow,Town Clerk
Date: August 1,2024
DOS-239-f-1(Rev.04/14)
5
�Av C.
RESOLUTION 2024-704
� % ate ADOPTED DOC ID: 20512
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-704 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 41h day of June, 2024, a Local Law entitled"A Local Law in relation
to an Amendment to Chanter 275 Wetlands and Shoreline," and
WHEREAS 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 30tn
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 275
Wetlands and Shoreline," which reads as follows:
LOCAL LAW NO. 15 of 2024
A Local Law entitled, "A Local Law in relation to an Amendment to Chanter 275 Wetlands
and Shoreline
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose-The Purpose of the amendment is to amend Chapter 275 Wetlands and Shoreline.
II. Amendment-The Southold Town Code is hereby amended by removing the struck through
words and adding the underlined words as follows:
§ 275-11 Construction and operation standards.
A. ' General. The following standards are required for all operations within the
jurisdiction
f the Trustees:
(4) Fences.
(f) Fences shall not be permitted within 20 feet of any wetland
boundary.
C. In water. The following standards are required for all in-water operations
adjacent to residential properties. Operations conducted on properties zoned
M1 or M2 may be given greater flexibility in these requirements given the
water-dependent nature of their use.
(2) Docks
(b) Dock locations and lengths.
[2] Within creeks and other narrow waterways, no dock length
shall exceed 441/4 the total width of the water body.
Y a
Resolution 2024-704 Board Meeting of July 30, 2024
Determination of the length of the dock must include the
dimensions of the vessel.
§ 275-12.1 Stop-work orders.
A. The Bay Gonst^ Harbor Master, Zoning Inspector, Ordinance Inspector or
Code Enforcement Officer i-s are authorized to issue stop-work orders pursuant to
this section The-Bay onstabl , T c Ae-, orcode Eaferee nt of ee
sh l l issue a stop work,,rdeF to halt:
(1) Any work that is determined by the Bay Genstable, Zoning inspeeter-, of
Gede Enfereement O f to be contrary to any applicable provision of
this chapter, or:
(a) . Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Harbor Master Bay Gensta , Zoning
Inspector, Ordinance Inspector or Code Enforcement Officer,
without regard to whether such work is or is not work for which a
Trustee permit is required, and without regard to whether a Trustee
permit has or has not been issued for such work; or
B. Stop-work orders shall:
(2) Be dated and signed by the Harbor Master Bay Gonst., Zoning
Inspector, Ordinance Inspector or Code Enforcement Officer;
C. The Harbor Master'say Genst,>,T>, Zoning Inspector, Ordinance Inspector or
Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to
be posted on the subject property and to be served by personal service or
certified mail on any one or more of the following: the owner of the affeeted
subject property, the permit holder,
the peEmit t1 lapersonal!), by eert:f;ea mail t the o peFmit holder-
.andposting at the work site. The B Constable, ZoningT eta <• Code
or-a or a eepy thereof-,t b sepved on any ,ll of the following:_the builder,
architect,tenant, contractor, subcontractor, construction superintendent, or their
agents, or any other person taking part or assisting in work affeeted by or activity
which is the subject of the stop-work order:Ter �c ��
> >
that failtffe to serve any per-son listed above sha4l not
ff t t>1 effieaey f the stop work ors
§ 275-15 Coordination and enforcement.
The Harbor Master D eto of Code E_f.._____en+, Zoning Inspector, Ordinance
Inspector and/or the Code Enforcement Officer are responsible for
coordination and enforcement of the provisions of this chapter. The Dir-eeter- f Cede
Enfereement, Zoning 1 1 Bay Constables ha-ve the autherib to issue violations
of this ,hapte
§ 275-16 Compliance requirements; penalties for offenses.
A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor
or their agents or any other person to fail to comply with any provisions of this
chapter or to fail in any manner to comply with a written notice, directive or order
of the Harbor Master D t f Gede EnforeemepA, Zoning Inspector,
Ordinance Inspector or Bay Genstar Code Enforcement Officer or to
conduct any operation in a manner not in compliance with a permit issued
Updated: 8/l/2024 9:40 AM by Lynda Rudder Page 2
Resolution 2024-704 Board Meeting of July 30, 2024
pursuant to this chapter.
B. For each offense against any of the provisions of this chapter or any regulations
made pursuant thereto, or failure to comply with a written notice or order of any
Harbor Master D +^r of Code Enf reeme"+, Zoning Inspector, Ordinance
Inspector or Bay Genstat,'o Code Enforcement Officer within the time fixed for
compliance therewith, the owner, occupant, builder, architect, contractor or their
agents or any other person who commits or participates -,--takes paA or assists in
the commission of any such offense or who shall fail to comply with a written
order or notice of the Harbor Master DiFeeter of Code Enf ________t, Zoning
Inspector, Ordinance Inspector or Ray Constable Code Enforcement Officer
shall be subject to the following fine schedule. Each day on which such violation
occurs may constitute a separate, additional offense.
(1) Failure to obtain a permit.Any person conducting operations within the
jurisdiction of the Trustees without first obtaining a permit according to
the procedures outlined in this chapter shall be subject to a fine not to
exceed $25,000 of not' than$ ,nnn a not more than$6,nnn r a
term of imprisonment not to exceed.of not less than 15 days nor-mere
than-six months, or both.
(2) Failure to comply with the terms of a permit.
(a) Any person failing to comply with the terms of a permit shall be
subject to a fine not to exceed $25,000 of net less t $ nnn ., a
not more than$6 nnn For-eaeh subsequent offense,the
violator-
t tt be guilty of a misdemeanor- a fine not less th
punishable y
$2 nnnnor- Ber-ethan $t n nnn r a term of imprisonment not to
exceed of not less than 15 days nor___or=thm_six months, or both.
(b) Any person failing to comply with posting the permit and/or the
requirement for supporting plans to be available for immediate
inspection pursuant to § 275-10 shall be subject to a fine not to
exceed $5,000. of not more t $1,000.
(3) Failure to heed a stop-work order.Any person conducting operations in
direct contradiction to the terms of a stop-work order shall be subject to a
fine not to exceed $25,000 + leSs+> $ nnn a not more+ha
$6,000. Foreaeh subsequent offense, theviolator shall be
r y
a fine not less than$2,000 nor-more tha
$-I-0�9)0-or a term of imprisonment not to exceed of not less than 15 day
^re tha six months, or both.
(4) Restoration. In lieu of or in addition to the penalties provided for herein,
these punishments, any offender-may be punished by being ordered any
person in violation of any of the provisions of this chapter may be
required to restore the affected wetland to its condition prior to the
offense. ^ sueh or-der-shall r i fy ., e time fer the eempletioB
her-ty. The Trustees reserve the right to require specific
replanting and restoration methods, including specific survivability and
success criteria.
(5) Failure to comply with a restoration plan.Any person failing to comply
with the terms of a mandated restoration plan as detailed in Subsection
B(4) of this section within the proscribed period of time for completion
Updated: 8/l/2024 9:40 AM by Lynda Rudder Page 3
i
Resolution 2024-704 Board Meeting of July 30, 2024
shall be guilty of an offense and subject to a fine not to exceed $25,000,
or a term of imprisonment not to exceed 6 months, or both. of not less
than$i nnn ,a +more than $6 nnn
(6) For the offense of conducting or engaging in any coastal construction
project or business without having first obtained a license, or while his
license is suspended or revoked, a violator shall be subject to a fine not to
exceed $10,000. f +more than ec_nnn f the first offense and not more
than$10,000 for-eaeh subsequent offense.�
(7) Mitigation. When on-site wetlands restoration and creation may be
unfeasible due to technical or other constraints, other mitigative measures,
such as off-site wetland restoration or creation, may be required.
(8) Other offenses. For an offense against any of the provisions of this chapter
not specifically designated above, a violator shall be subject to a fine not
to exceed $25,000. f not more than $1,000.
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:Brian O. Mealy, Councilman
AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans
Updated: 8/l/2024 9:40 AM by Lynda Rudder Page 4
d38d4381 sabrina.born@town.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.
Cf1/G(1.I GILC�( G"'CAe —
Signature
Christina Henke Rea
Printed Name
Subscribed and sworn to before me,
This 22 day of July 2024
-AL-AL AL-AL-AL
Digitally signed DOUGLASWREA
by douglas w rea Notary Public-State of New York
Date: 2024.07.22 NO.OIRE6398443
14:44:22 +00:00 Qualified in Albany County
My Commission Expires Sep 30,2027
_ LEGAL NOTICE
l 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 275 Wetlands and
Shoreline," 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 275
Wetlands and Shoreline," which
reads as follows:
LOCAL LAW NO. of 2024
A Local Law entitled, "A Local Law
in relation to an Amendment to
Chapter 275 Wetlands and
Shoreline
BE IT ENACTED by the Town Board
of the Town of Southold as follows:
I. Purpose - The Purpose of the
amendment is to amend Chapter
275 Wetlands and Shoreline.
A complete copy of this proposed
Local Law is available on the town
website: south oldtownny.gov or by
contacting the Town Clerk's Office.
Dated: June 4, 2024
BY ORDER OF THE TOWN BOARD
Denis Noncarrow, Town Clerk
Born, Sabrina
From: Born, Sabrina
Sent: Tuesday, June 11, 2024 2:31 PM
To: 'David McCall (dmccall@fiferry.com)'; Evans, Louisa; 'Fog Horn
(ficommunityboard@gmail.com)'; 'geb cook'; 'Jane Ahrens (ahrens Jane@gmail.com)';
'Jane Ahrens (finyinfo@gmail.com)'
Subject: Legal Notice-Ch. 275
Attachments: Chapter 275.docx
Importance: High
Good Afternoon,
Attached: Legal Notice for Ch. 275 —Wetlands and Shoreline.
Please publish in the following:
-The F I website
-Two (2) public places on Fishers Island
Thank you,
Sabrina M. Born
Sub-Registrar& Deputy Town Clerk
Senior Account Clerk
Southold Town Clerk's Office
53095 Route 25
P.O.Box 1179
Southold,NY 11971
Ph: 631-765-1800 ext. 1226
Fax: 631-765-6145
1
Born, Sabrina
From: Born, Sabrina
Sent: Tuesday,June 11, 2024 2:23 PM
To: Doherty,Jill; Doroski, Greg; Evans, Louisa;Johnson, Benjamin; Krupski,Al; 'Lisa Finn
(lisaahfinn@gmail.com)'; McGivney, Julie; Mealy, Brian; 'Paul DeChance'; Reisenberg,
Lloyd; Smith,Anne; Squicciarini,James; Standish, Lauren;Tomaszewski, Michelle;
Tomaszewski,Zachary
Subject: Legal Notice-Ch. 275
Attachments: Chapter 275.docx
Importance: High
Good Afternoon,
Please see the attached Legal Notice for Ch. 275 —Wetlands and Shoreline.
Thank you,
,Sa.�nuaa7yl�on�
Sabrina M. Born
Sub-Registrar& Deputy Town Clerk
Senior Account Clerk
Southold Town Clerk's Office
53095 Route 25
P.O.Box 1179
Southold,NY 11971
Ph: 631-765-1800 ext. 1226
Fax: 631-765-6145
I �
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 41h day of June, 2024, a Local Law entitled"A
Local Law in relation to an Amendment to Chanter 275 Wetlands and Shoreline," 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 275
Wetlands and Shoreline," which reads as follows:
LOCAL LAW NO. 2024
i
A.Local Law entitled, "A Local Law in relation to an Amendment to Chanter 275 Wetlands
and Shoreline
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose-The Purpose of the amendment is to amend Chapter 275 Wetlands and Shoreline.
II. Amendment-The Southold Town Code is hereby amended by removing the struck through
words and adding the underlined words as follows:
§ 275-11 Construction and operation standards. '
A. General. The following standards are required for all operations within the
jurisdiction of the Trustees:
(4) Fences.
(f) Fences shall not be permitted within 20 feet of anv wetland boundary.
C. In water. The following standards are required for all in-water operations adjacent to
residential properties. Operations conducted on properties zoned M1 or M2 may be
given greater flexibility in these requirements given the water-dependent nature of
their use.
(2) Docks
(b)Dock locations and lengths.
[2] Within creeks and other narrow waterways, no dock length shall exceed
441/2 the total width of the water body. Determination of the length of
the dock must include the dimensions of the vessel.
§275-12.1 Stop-work orders.
A. The Bay Censt , Harbor Master,Zoning Inspector, Ordinance Inspector or
Code Enforcement Officer is are authorized to issue stop-work orders pursuant to
this section The Bay Genstable,Zening iiispeeter, er-Code En er-eemen+ Offieer-sh i
to halt:
(1) Any work that is determined , or-Cede
Eff,.,.om efA O f o_to be contrary to any applicable provision of this chapter,
or:
(a) Any work that is being conducted in a dangerous or unsafe manner in the
opinion of the Harbor Master Bay Ge�e, Zoning,Inspector, Ordinance
Inspector or Code Enforcement Officer, without regard to whether such work
is or is not work for which a Trustee permit is required, and without regard to
whether a Trustee permit has or has not been issued for such work; or
B. Stop-work orders shall:
(2) Be dated and signed by the Harbor Master ,Zoning Inspector,
Ordinance Inspector or Code Enforcement Officer;
C. The Harbor Master Bay Genst^'''�,Zoning Inspector, Ordinance Inspector or
Code Enforcement Officer shall cause the stop-work-order, or a copy thereof, to be
posted on the-subiect property and to be served by personal service or certified
mail on any one or more of the following: the owner of the affeeted,subiect
property, the permit holder, , en the pem�it
iivaua.a,Pazov"
work site.The Bay Genstabl '
served on any or-all of the felleMng=the builder, architect,tenant, contractor,
subcontractor, construction superintendent, or their agents, or any other person taking
part or assisting in work a feetedby or activity which is the sub*ect of the stop-work
order_- ,
'r-sen listed abeve shall not affeet the effieae� of the stop work er-der-.
§275-15 Coordination and enforcement.
The Harbor Master Dir-,,ter of de�� , .e.,'o, *, Zoning Inspector, Ordinance
Inspector and/or the Bay r,nst Code Enforcement Officer are responsible for
coordination and enforcement of the provisions of this chapter. The Diffe,.tt,,,.of Cede
§ 275-16 Compliance requirements; penalties for offenses.
A. It shall be unlawful for any carter, owner,.occupant, builder, architect, contractor or
their agents or any other person to fail to comply with any provisions of this chapter
or to fail in any manner to comply with a written notice, directive or order of the
Harbor Master Dife _*ffir ec Code En f reem ent, Zoning Inspector, Ordinance
Inspector or Bay Gensta Code Enforcement Officer or to conduct any operation
in a manner not in compliance with a permit issued pursuant to this chapter.
B. For each offense against any of the provisions of this chapter or any regulations made
pursuant thereto, or failure to comply with a written notice or order of any Harbor
Master Dir-e,.ter- of Code Eaf Wit,Zoning Inspector, Ordinance Inspector or
Code Enforcement Officer within the time fixed for compliance
therewith, the owner, occupant, builder, architect, contractor or their agents or any
other person who commits or participates , in the commission of
any such offense or who shall fail to comply with a written order or notice of the
Harbor Master D '^^*^" of Cede En f r-eeme *, Zoning Inspector, Ordinance ,
Inspector or We Code Enforcement Officer shall be subject to the
following fine schedule. Each day on which such violation occurs may constitute a
separate, additional offense.
(1)'Failure to obtain a permit. Any person conducting operations within the
jurisdiction of the Trustees without first obtaining a permit according to the
procedures outlined in this chapter shall be subject to a fine not to exceed
$25,000 of not kss than$1,nnn and not mer-6 than$6,000 or a term of
imprisonment not to exceed ^f net less than 15 days„^r me--e th six months, or
both.
(2) Failure to comply with the terms-of a permit.
(a) Any person failing to comply with the terms of a permit shall be subject to a
fine not to exceed$25,000 of not loss than$1,000 and not„. e than$6 nnn
Forteaeh subsequent enense, the violator-shall be guilty e f a.,. sdeme.,„^,.
;shable 1.y a fine net less than$2 nnn „ mere than$10,000 or a term of
imprisonment not to exceed six
months, or both.
(b) Any person failing to comply with posting the permit and/or the requirement
for supporting plans to be available for immediate'inspection pursuant to
§ 275-10 shall be subject to a fine not to exceed $5,000. of net more
$1,000
(3) Failure to heed a stop-work order. Any person conducting operations in direct
contradiction to the terms of a stop-work order shall be subject to a fine not to
exceed $25,000 fnet loss than Q, nnn and net mere than$6 nnn For-
subsequent
fine not — dhffl $2,000 nor-fner-e than$10,0nn ^r a term of imprisonment not to
exceed six months, or both.
(4) Restoration. In lieu of or in addition to the penalties provided for herein,these
punishments, my a „der-„. be punished by being ordered any person in
violation of any of the provisions of this chapter may be required to restore
the affected wetland to its condition prior to the offense.
sYeerry_cr ,Qo,• , Whieh shall be
effeeted• „de-the sl the approving authority..The Trustees reserve
the right to require specific replanting and restoration methods, including specific
survivability and success criteria. .
(5) Failure to comply with,a restoration plan. Any person failing to comply with the
terms of a mandated restoration plan as detailed in Subsection B(4) of this section
within the proscribed period of time for completion shall be guilty of an offense
and subject to a fine not to exceed$25,000, or a term of imprisonment not to
exceed 6 months, or both.lef net less than$ nnn and„et mer-e than$6 nnn
(6) For the offense of conducting or engaging in any coastal construction project or
business without having first obtained a license, or while his license is suspended
or revoked, a violator shall be subject to a fine not to exceed $10,000.^f�re
than for th fir
st rst offense an net mere�,,,,„ $ n f e e s. bse t.
irrurr$5�nnn ,nnn
off-ease.
(7) Mitigation. When on-site wetlands restoration and creation may be unfeasible due
to technical or other constraints, other mitigative measures, such as off-site
wetland restoration or creation,may be required.
(8) Other offenses. For an offense against any of the provisions of this chapter not
specifically designated above, a violator shall be subject to a fine not to exceed
$25,000.ef not„. e than $1,000.
C J
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
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
Denis Nonearrow, Town Clerk of the Town of Southold,New York being duly
sworn, says that on the 11t" 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.southoldtomM.gov
P.H. 7/30—Ch. 275—Wetlands and Shorel
De oncarrow
Southold Town Clerk
Sworn to before me on the
11 th day of June, 2024
-L
Notary Public
S4BRINA M BORN
Notary Public,State of New York
No.01BO6317038,Suffolk County,
Commission Expires Dec.22.20
RESOLUTION 2024-517
+:i t � iY%�•
a ,e ADOPTED DOC ID: 20342
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-517 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 4"' day of June, 2024, a Local Law entitled "A Local Law in relation
to an Amendment to Chapter 275 Wetlands and Shoreline," and
WHEREAS 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 301n
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 275
Wetlands and Shoreline," which reads as follows:
LOCAL LAW NO. 2024
A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 275 Wetlands
and Shoreline
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose -The Purpose of the amendment is to amend Chapter 275 Wetlands and Shoreline.
H. Amendment- The Southold Town Code is hereby amended by removing the struck through
words and adding the underlined words as follows:
§ 275-11 Construction and operation standards.
A. General. The following standards are required for all operations within the
jurisdiction of the Trustees:
(4) Fences.
(f) Fences shall not be permitted within 20 feet of any wetland
boundary.
C. In water. The following standards are required for all in-water operations
adjacent to residential properties. Operations conducted on properties zoned
M1 or M2 may be given greater flexibility in these requirements given the
water-dependent nature of their use.
(2) Docks
(b) Dock locations and lengths.
[2] Within creeks and other narrow waterways, no dock
length
shall exceed 4,4 1/4 the total width of the water body.
Determination of the length of the dock must include the
Resolution 2024-517 Board Meeting of Tune 4, 2024
dimensions of the vessel.
§ 275-12.1 Stop-work orders.
A. The Bay Gonst^'''", Harbor Master, Zoning Inspector, Ordinance Inspector or
Code Enforcement Officer is are authorized to issue stop-work orders pursuant to
this section The Bay Constable, ening hIT-ete , Gede Enf r—eemenrOrfifieer
shall issue a stop . or-k or-def to halt:
(1) Any work that is determined by Bay Constable, ening in-speete
Enf r-eeme"t�, to be contrary to any applicable provision of this
chapter,
or:
(a) Any work that is being conducted in a dangerous or unsafe manner
in
the opinion of the Harbor Master Bay Constable, Zoning
Inspector=
Ordinance Inspector or Code Enforcement Officer, without
regard to
whether such work is or is not work for which a Trustee permit is
required, and without regard to whether a Trustee permit has
or has not
been issued for such work; or
B. Stop-work orders shall:
(2) Be dated and signed by the Harbor Master Bay Const^'�'^, Zoning
Inspector,
Ordinance Inspector or Code Enforcement Officer;
C. The Harbor Master R^' r^r^*^'''�, Zoning Inspector, Ordinance Inspector or
Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to
be
posted on the subject property and to be served by personal service or
certified
mail on any one or more of the following: the owner of the af€eeted-subject
property, the permit holder, and if t' ^t the permit heed, ullu rl. �iie v vr'ni.'• '•, `
holder-, personally or by eer-tified mail to the owner- or-pennit holder-and posting
at the
work site. he Bay Constable Zoning Misr,+,, or Code Enf .,t Office
shy
13e
served on any er all of the f llowi ^: the builder, architect, tenant, contractor,
subcontractor, construction superintendent, or their agents, or any other person
taking
part or assisting in work affeeted by or activity which is the subject of the stop-
work
order_ 11 b i4if ed ;l and r st;, ided however-, that f 1,
pirivnualy'--vr ;'--ice. `�, " , '�,
to
serveserve n r` listed above shall net .,4'e et the off;..aey of'tL,e stop work or-de
Ull�"� r./l'1JV1111J 11JU-CI CJ
§ 275-15 Coordination and enforcement.
Updated: 7/26/2024 3:45 PM by Lynda Rudder Page 2
'r Resolution 2024-517 Board Meeting of June 4, 2024
The Harbor Master Direetor of Code En f,-eeme„+, Zoning Inspector, Ordinance
Inspector and/or the Bay Cone Code Enforcement Officer are responsible for
coordination and enforcement of the provisions of this chapter. The Dife^+^r-of Code
Enfer-eement, Zening hispeetoi:, and Bay Constables have the authei!ity to issue violations
of this ehapte+.-
§ 275-16 Compliance requirements; penalties for offenses.
A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor
or
their agents or any other person to fail to comply with any provisions of this
chapter
or to fail in any manner to comply with a written notice, directive or order of the
Harbor Master Dir-e^+^r of Code En f eeme fl+, Zoning Inspector, Ordinance
Inspector or Ram, Gensi Code Enforcement Officer or to conduct any
operation
in a manner not in compliance with a permit issued pursuant to this chapter.
B. For each offense against any of the provisions of this chapter or any regulations
made
pursuant thereto, or failure to comply with a written notice or order of any
Harbor
Master Director-of Gode En f rcemen , Zoning Inspector, Ordinance Inspector
or
Bay Constable Code Enforcement Officer within the time fixed for compliance
therewith, the owner, occupant, builder, architect, contractor or their agents or any
other person who commits or participates or assists in the
commission of
any such offense or who shall fail to comply with a written order or notice of the
Harbor Master Direeter- of Code Enforcement, Zoning Inspector, Ordinance
Inspector or Bay Gonst^ Code Enforcement Officer shall be subject to the
following fine schedule. Each day on which such violation occurs may constitute
a
separate, additional offense.
(1) Failure to obtain a permit. Any person conducting operations within the
jurisdiction of the Trustees without first obtaining a permit according to
the
procedures outlined in this chapter shall be subject to a fine not to exceed
$25,000 of net less than $1,000 and not more than $6,000 or a term of
imprisonment not to exceed of not less than '5-da s „^r mere thap six
months,
or both.
(2) Failure to comply with the terms of a permit.
(a) Any person failing to comply with the terms of a permit shall be
subj ect
to a fine not to exceed $25,000 of not less than $1,000 and not
more
than $6,000. For—eaeh subsequent off-e"e, the violater shall 'c
s,ao,,,eano,. punishable by a fine not loss than $2 nnn no
Updated: 7/26/2024 3:45 PM by Lynda Rudder Page 3
v�
Resolution 2024-517 Board Meeting of June 4, 2024
moire than
$10,000 or a terin of imprisonment not to exceed of not less th
44
days „ e than. six months, or both.
(b) Any person failing to comply with posting the permit and/or the
requirement for supporting plans to be available for immediate
inspection pursuant to § 275-10 shall be subject to a fine not to
exceed $5,000. of not more than $1 nnn
(3) Failure to heed a stop-work order. Any person conducting operations in
direct
contradiction to the terms of a stop-work order shall be subject to a fine
not to
exceed $25,000 of not loss +h.,,-, e1 nnn and net Fnor-e than$6 nnn Fe
e-ae-h
subsequent-offense, re vieaer--elall be guilty
pun;shable L,,,
fire not loss than $2 nnn nor-mei:e than $1 n nnn or a term of
imprisonment
not to exceed of not loss than 15 days nor-more than—six months, or both.
(4) Restoration. In lieu of or in addition to the penalties provided for herein,
+heui+puini hu „ts, off-endermay be shed b y beingordered any�u
person in violation of any of the provisions of this chapter may be
required to restore the affected wetland to its condition prior to the
offense.
.,
vi,� ., shall
Any � h ,der-sh � 0f , 0 e . able time for the completion f SuGh
Any
os+.,,-atio,, „high shall b e effe ted under-the super-visionf the .
restoration,CV1-GCCIp , �
author-it ,. The Trustees reserve the right to require specific
replanting and
restoration methods, including specific survivability and success criteria.
(5) Failure to comply with a restoration plan. Any person failing to comply
with the
terms of a mandated restoration plan as detailed in Subsection B(4) of this
section within the proscribed period of time for completion shall be guilty
of an
offense and subject to a fine not to exceed $25,000, or a term of
imprisonment not to exceed 6 months, or both.of net less than Q, nnn
and
+more th.,.-, $6 nnn
(6) For the offense of conducting or engaging in any coastal construction
project or
business without having first obtained a license, or while his license is
suspended
or revoked, a violator shall be subject to a fine not to exceed $10,000.4
net
than $c nnn for the f;,.s+ f-„se and not mere than $1 n nnn for-o h
subsequent offense.
(7) Mitigation. When on-site wetlands restoration and creation may be
unfeasible
Updated: 7/26/2024 3:45 PM by Lynda Rudder Page 4
a Resolution 2024-517 Board Meeting of June 4, 2024
due to technical or other constraints, other mitigative measures, such as
off-site
wetland restoration or creation, may be required.
(8) Other offenses. For an offense against any of the provisions of this chapter
not
specifically designated above, a violator shall be subject to a fine not to
exceed
$25,000.ofnot more than $1,000.
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: Brian O. Mealy, Councilman
SECONDER:Anne H. Smith, Councilwoman
AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty
ABSENT: Louisa P. Evans
Updated: 7/26/2024 3:45 PM by Lynda Rudder Page 5