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Home My WebLink AboutTB-06/18/2024 Download Document DENIS NONCARROW Town Hall,53095 Main Road TOWN CLERK PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 fro MARRIAGE OFFICER Telephone:631-765-1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD SOUTHOLD TOWN BOARD REGULAR MEETING June 18,2024 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday,June 18,2024 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on June 18,2024 at Meeting Hall,53095 Route 25, Southold,NY. Attendee Name Organization Title Status Arrived Greg Doroski Town of Southold Councilman Present Brian O.Mealy Town of Southold Councilman Present Anne H. Smith Town of Southold Councilwoman Present Albert J Krupski Jr Town of Southold Supervisor Present Jill Doherty Town of Southold Councilwoman Present Louisa P.Evans Town of Southold Justice Present L Reports 1. Trustees Monthly Report 2. Youth Bureau Monthly Report IL Public Notice III.Communications IV.Discussion 1. 9:00 AM-Dr.Joyce Novak,Executive Director of Peconic Estuary Partnership 2. 9:15 AM-Councilwoman Anne Smith with Nancy Chandler,Alzheimer's Association Long Island Chapter Board Member and Jen Drofenik,Director of Health Services at Peconic Landing 3. 9:30 AM-John Stype,Maggie Merrill and Kate Daly of the Water Advisory Committee 4. 10:00 AM-Town Board Break(15 Minutes) 5. 10:15 AM-Michael Collins,Town Engineer 6. 10:45 AM-Nick Krupski,Solid Waste Coordinator 7. 11:00 AM-Michael Verity,Chief Building Inspector 8. Coastal Erosion Hazard Board of Appeal Application 9. Supervisor Krupski 10. Councilwoman Anne Smith and Councilwoman Jill Doherty 11. 12:00 PM-Town Board Lunch Break(30 Minutes) 12. Executive Session-Labor-Matters Involving the Employment/Appointment of a Particular Person(S) 13. Executive Session-Contracts 14. Executive Session-Potential Acquisition(S),Sale or Lease of Real Property Where Publicity Would Affect the Value Thereof Special Presentation Recognition of Years of Service for Chief Martin Flatley V.Resolutions 2024-521 CATEGORY Employment-Town DEPARTMENT. Accounting Appoint Temporary Police Chief WHEREAS the Town Board of the Town of Southold has determined that the Town must fill the Police Chief position for the Police Department,and has received permission from Suffolk County Department of Civil Service to make said temporary appointment for three months,not to go beyond September 24,2024,now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Steven M. Grattan to the position of Temporary Police Chief for the Police Department,effective June 25, 2024. ✓Vote Record-Resolution RES-2024-521 Q Adopted ❑ Adopted as Amended ❑ Defeated ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Seconder Q ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Votes Q ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Votes Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert Krupski Jr Voter Q ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt .Till Doherty Voter Q ❑ ❑ ❑ Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-522 CATEGORY Audit DEPARTMENT.- Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 18,2024. ✓Vote Record-Resolution RES-2024-522 Q Adopted ❑ Adopted as Amended ❑ Defeated ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,, ,,,,,,,,,,,,,,,,,,, Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Seconder Q ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt r Rescinded Albert J Krupski Jr Voter Q ❑ ❑ ❑ ❑ Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-523 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.July2.2024 at the Southold Town Hall,Southold,New York at 7:00 P.M. ✓Vote Record-Resolution RES-2024-523 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Ave No/Nay Abstain Absent ❑ Tabled Greg Doroski .Seconder: 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy ,,, Voter 0 ❑ ❑ ❑ ❑ Supervisor'sAppt Alme H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Rcceivcr'sAppt r Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans I,. Mover'...... 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-524 CATEGORY Ratify Fishers Island Reso. DEPARTMENT. Town Clerk FIFD 6110124 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 June 10,2024 meeting,as follows: FLED Resolution# Regarding 2024-077 Warrant 2024-078 Budget Modification $77,600.00 2024-079 Legal/McCall Medical 2024-080 Legal/Health Insurance 2024-081 Legal/Vision Insurance 2024-082 Contract Change Order- Skyline ✓Vote Record-Resolution RES-2024-524 0 Adopted ❑ Adopted as Amended ❑ Defeated ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Yes/Ave No/Nay Abstain Absent ❑ Tabled Greg Doroski Mover 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy .Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt r Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-525 CATEGORY. Authorize to Bid DEPARTMENT. Town Clerk Bid for Pickleball Courts-East Marion RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for the construction of three(3)new pickleball courts at the Old Schoolhouse Park,Main Road,East Marion,New York. ✓Vote Record-Resolution RES-2024-525 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Withdrawn r Brian O.Mealy Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt '..... Anne H.Smith Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-526 CATEGORY Budget Modification DEPARTMENT. Accounting 2024 Budget Modification-Capital(IT) Financial Impact: Reallocation of capital funds to increase budget for the Camera System Upgrade Project WHEREAS,the Town Board of the Town of Southold established and funded a capital project for Camera System Upgrades,and WHEREAS,the above capital projects require 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 modifies the 2024 Capital Budget as follows: Capital Project Name:IQM2 Encoder Capital Budget: Decrease Revenues: H.5031.35 Interfund Transfers Personal Computers $11,200 Total $1,200 Decrease Appropriations: H.1680.2.600.100 Workstations&Printers S1,200 Total $1,200 Capital Project Name: Camera System Upgrades Capital Budget: Increase Revenues: H.5031.62 Tnterfund Transfers, Miscellaneous Equipment $11,200 Total $1,200 Increase Appropriations: H.1680.2.600.680 Camera System Upgrades $11,200 Total $1,200 ✓Vote Record-Resolution RES-2024-526 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith �. Move 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt r Albert J Krupski,Jr Votes 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-527 CATEGORY Budget Modification DEPARTMENT.- Accounting 2024 Budget Modification-Capital Financial Impact: Establish budget for Highway Storage Barn Project WHEREAS the Town Board of the Town of Southold intends to construct a new Highway Storage Barn, WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund,now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project and amends the Capital Budget as follows: Capital Project Name: Highway Storage Barn Financing Method: Serial Bonds Budget: Revenues: H.5710.12 Serial Bonds, Highway Facility Improvements $11,800,000 Total $1,800,000 Appropriations: H.1620.2.500.110 Highway Storage Barn $11,800,000 Total $1,800,000 ✓Vote Record-Resolution RES-2024-527 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt t ❑ Rescinded Albert J Krupski Jr Voter 0 ❑ ❑ ❑ Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-528 CATEGORY Budget Modification DEPARTMENT. Accounting 2024 Budget Modification-Capital Financial Impact: Increase budget for property tax costs WHEREAS,the Town's Capital Budget process requires a resolution to amend Capital Budget items in the Capital Fund,now therefore be it RESOLVED that the Town Board of the Town of Southold hereby amends the 2024 General Fund Whole Town and Capital Budgets as follows: From: A.1990.4.100.100 Unallocated Contingencies $11,616 Total $11,616 To: A.9901.9.000.100 Interfund Transfers,Transfer to Capital S11,616 Total $11,616 Capital Project Name: 41245 Rte 25 Peconic Financing Method: Transfer from General Fund Whole Town Increase Revenues: H.5031.16 lnterfund Transfers,Property Acquisitions $3,858 Total $3,858 Increase Appropriations: H.1620.2.400.700 Property Acquisitions,41245 Route 25 Peconic S3,858 Total $3,858 Capital Project Name: 1645 Bouisseau Ave, Sthld Financing Method: Transfer from General Fund Whole Town Increase Revenues: H.5031.16 Interfund Transfers,Property Acquisitions $7,758 Total $7,75 8 Increase Appropriations: H.1620.2.400.720 Property Acquisitions, 1645 Bouisseau Ave, Southold S7,758 Total $7,75 8 ✓Vote Record-Resolution RES-2024-528 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski .Seconder: 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor'sAppt Arme H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt r Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Jill Doherty Voter 0 ❑ ❑ ❑ Louisa P.Evans I,. Mover'...... 0 ❑ ❑ ❑ ❑ Sup[HgwysAppt ❑ No Action ❑ Lost 2024-529 CATEGORY Budget Modification DEPARTMENT. Accounting 2024 Budget Modification-Accounting Financial Impact: Relocation of Budgetary Funds to Cover Overtime Earnings RESOLVED that the Town Board of the Town of Southold hereby modifies the 2024 General Fund Whole Town budget as follows: From: A.1310.1.100.100 Regular Earnings $60,000 Total $60,000 To: A.1310.1.100.200 Overtime Earnings $60,000 Total $60,000 ✓Vote Record-Resolution RES-2024-529 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Mop er 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski Jr Voter 21 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder [a ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-530 CATEGORY Budget Modification DEPARTMENT.• Accounting 2024 Budget Modification-ARPA Financial Impact: Increase budget for Southold Fire District ARPA allocation payment RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2024 Budget as follows: Increase Revenues: A.4089.00 ARPA Funding $A9,974 Total $49,974 Increase Appropriations: A.8660.4.400.200 Comm Dev,Pass Through Grant Funds $49,974 Total $49,974 ✓Vote Record-Resolution RES-2024-530 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Greg Doroski Voter Q ❑ ❑ ❑ ❑ Defeated Brian O.Mealy Mover 0 ❑ ❑ ❑ ❑ Tabled Anne H.Smith Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-531 CATEGORY Public Service DEPARTMENT. Town Clerk Appoint a Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Albert J.Krupski,Jr. as a Temporary Marriage Officer for the Town of Southold,on Thursday,June 20th,2024 only,to serve at no compensation. ✓Vote Record-Resolution RES-2024-531 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith I,. MoN er 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt r ❑ Rescinded Albert J Krupski Jr Voter 0 ❑ ❑ ❑ - Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-532 CATEGORY Employment-Town DEPARTMENT.• Assessors BOAR Secretary Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints Karen Williams as the Secretary to the Board of Assessment Review effective immediately through December 31't,2024,not to exceed five(5)hours per week in addition to her regular 35 hour work week,regardless of the number of committees she serves. ✓Vote Record-Resolution RES-2024-532 0 Adopted ❑ Adopted as Amended ❑ Defeated ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,, ,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,, Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty ➢lover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Louisa P.Evans Voter 2 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-533 CATEGORY Employment-Town DEPARTMENT. Accounting Appoint Margaret Brock Temporary Part Time Secretary RESOLVED that the Town Board of the Town of Southold hereby appoints Margaret Brock to the position of a Temporary Part- Time Secretary-for the Highway Department,effective June 20,2024 at a rate of$35.6688 per hour. ✓Vote Record-Resolution RES-2024-533 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Ave No/Nay Abstain Absent ❑ Tabled Greg Doroski Seconder 0 ❑ ❑ ❑ ❑ Withdrawn r Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt r Albert J Kmpski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-534 CATEGORY. Employment-Town DEPARTMENT. Accounting Appoint Judith Irwin Part Time Assessment Clerk RESOLVED that the Town Board of the Town of Southold hereby appoints Judith Irwin to the position of a Part-Time Assessment Clerk for the Assessors Office,effective July 1,2024,at a rate of$20.93 per hour,not to exceed 17.5 hours per week. ✓Vote Record-Resolution RES-2024-534 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Mover 0 ❑ ❑ ❑ ❑ Withdrawwi Brian O.Mealy . Seconder: 0 ❑ ❑ ❑ ❑ Supervisor's Appt '..... Amie H.Smith Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski.lr Vote, 0 ❑ ❑ ❑ ❑ Rescinded Till Doherty Votel 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa R Evans Voter 0 ❑ ❑ ❑ ❑ SuptHgwysAppt ❑ No Action ❑ Lost 2024-535 CATEGORY Employment-Town DEPARTMENT. Accounting Appoint Thomas Reardon Part Time Account Clerk- RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas Reardon to the position of a Part-Time Account Clerk for the Solid Waste District,effective June 27,2024,at a rate of$24.36 per hour,not to exceed 17.5 hours per week,subject to background search completion and Civil Service approval. ✓Vote Record-Resolution RES-2024-535 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter Rl ❑ ❑ ❑ ❑ withdrawn Brian O.Mealy Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ SuptHgwysAppt Louisa P.Evans Voter 2 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-536 CATEGORY.• Employment-Town DEPARTMENT. Accounting Hire Pump Out Boat Operator RESOLVED that the Town Board of the Town of Southold hereby appoints John Slattery,Jr.to the seasonal position of Pump-out Boat Operator for the Trustees,effective June 20,2024 through October 31,2024 at a rate of$30.00 per hour. ✓Vote Record-Resolution RES-2024-536 0 Adopted ❑ Adopted as Amended ❑ Defeated ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter Rl ❑ ❑ ❑ ❑ withdrawn Brian O.Mealy .Seconder. 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith .,. Mover'....... 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt r Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Jill Doherty Voter 0 ❑ ❑ ❑ Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-537 CATEGORY Attend Seminar DEPARTMENT. Human Resource Center Permission for Auristhela Reinen to Attend Training. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Auristhela Reinen,Case Manager to attend "World Elder Abuse Awareness Day"Hosted by The Suffolk County Elder Abuse Enhanced Multidisciplinary Team on June 17,2024 from 9:00am- 1:30pm at Tonto Law Center in Central Islip. All expenses to be a legal charge to the 2024 Programs for the Aging Budget. ✓Vote Record-Resolution RES-2024-537 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Defeated Brian O.Mealy Seconder 0 ❑ ❑ ❑ ❑ Tabled Anne H.Smith Voter 2 ❑ ❑ ❑ ❑ Withdrawn Albert J Krupski Jr Voter 2 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty ., Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter 0 0 0 0 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-538 CATEGORY Attend Seminar DEPARTMENT. Accounting Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Laura Arena to attend a NYGFOA government finance seminar on June 20,2024. All expenses for registration and travel to be a legal charge to the 2024 budget(A.1310.4.600.200, Meetings and Seminars and A.1310.4.600.300 Travel Reimbursement). ✓Vote Record-Resolution RES-2024-538 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-539 CATEGORY Attend Seminar DEPARTMENT. Building Department 2024 Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Fire Marshal Fredric Visser to attend a seminar on IN-BUILDING PUBLIC SAFETY COMMUNICATIONS SEMINAR at Adelphi University on June 25,2024.All expenses for registration and travel to be a legal charge to the 2024 Building Department budget(Account#B.3620.4.600.200 Meetings and Seminars). ✓Vote Record-Resolution RES-2024-539 0 Adopted ❑ Adopted as Amended ❑ Defeated ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,, Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Mover Rl ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt r Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost 2024-540 CATEGORY. Fmla DEPARTMENT. Accounting Grant FMLA Intermittent Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants an intermittent leave of absence for up to 12 weeks to Employee#1930 effective May 22,2024 pursuant to the Family Medical Leave Act. ✓Vote Record-Resolution RES-2024-540 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Arnie H.Smith Seconder 0 ❑ ❑ ❑ ❑ Tax Receivers Appt r Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans I,. Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-541 CATEGORY Legal DEPARTMENT. Town Attorney MOA PBA&the Town RESOLVED,that the Town Board of the Town of Southold hereby ratifies and approves the Stipulation of Agreement concerning the 2025 contract extension between the Town of Southold and the Southold Town Police Benevolent Association and hereby authorizes Supervisor Albert J.Krupski,Jr.execute same on behalf of the Town of Southold. ✓Vote Record-Resolution RES-2024-541 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Arnie H.Smith Mover'...... El ❑ ❑ ❑ ❑ Tax Receiver's Appt Rescinded Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ - Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ SuP tH6`wY sAPp t Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-542 CATEGORY Employment-Town DEPARTMENT: Town Attorney MOA CSEA Part Time Employees RESOLVED,that the Town Board of the Town of Southold hereby authorize and directs the Town Supervisor,Albert J Krupski,Jr.to execute the Memorandum of Agreement with the CSEA dated June 13,2024,which amends the collective bargaining agreement covering the period January 1,2023 through December 31,2026,by altering the part-time hourly wage of certain part-time titles;subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2024-542 0 Adopted ❑ Adopted as Amended ❑ Defeated ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,, ,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,, Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Arnie H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Till Doherty Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-543 CATEGORY- Contracts,Lease&Agreements DEPARTMENT. Town Attorney Peconic Estuary Partnership Agreement Financial Impact: A.1010.4.500.300 Resolved,that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J Krupski,Jr.,to enter into one year Agreement with the Peconic Estuary Partnership for various water quality projects in coordination with the five East End towns,at a cost of$68,000.00,with an option to renew for two(2)additional years under the same terms,to be funded from budget line A.1010.4.500.300(Town Board,Environmental)and subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2024-543 d Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Secondert 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski Jr Votes 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans .,. Mover'...... 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-544 CATEGORY Foils DEPARTMENT. Town Attorney Agreement for the Runway 12-30 Rehab Phase 1 Project WHEREAS,the proposed action to enter into a multi-agency grant agreement for the Rehab Phase 1 Project for the Fishers Island Elizabeth Airfield has been reviewed and the Town Board of the Town of Southold classifies the action as a?budgetary process'?and, therefore a Type II action not subject to review,pursuant to the SEQRA Rules and Regulations,6NYCRR 617.1 et. Seq. and therefore be it; RESOLVED,that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J.Krupski,Jr.,to enter into the Construction Administration&Construction Observation Agreement for the Runway 12-30 Rehab Phase 1 Project for the Fishers Island Elizabeth Airfield,with an estimated total cost of one million,four hundred ninety-nine thousand,thirty dollars and zero cents ($1,499,030.00),with a Federal share of one million,three hundred forty-nine thousand,one hundred twenty-seven dollars and zero cents ($1,349,127.00),a Local share of seventy-four thousand,nine hundred fifty-one dollars and zero cents($74,951.00),and a State share of seventy-four thousand,nine hundred fifty-two dollars and zero cents($74,952.00), the Town is accepting the grant agreement from the NYSDOT, subject to the approval of the Town Attorney and funded from budget line SM.5610.2.000.000. ✓vote Record-Resolution RES-2024-544 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Mover 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt r Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-545 CATEGORY. Misc.Public Hearing DEPARTMENT. Town Clerk PH 7116 9:00 Am-Docko for Fishers Island Yacht Club-CEA RESOLVED that the Town Board of the Town of Southold hereby sets July 16,2024 at 9:00 a.m.in the Town Meeting Hall,53095 Main Road, Southold,New York 11971,as the time and place for a public hearing on the Coastal Erosion Hazard Board of Review Appeal of Fishers Island Yacht Club,relating to maintaining the existing 1000+/-SF sailing program float and two(2)accessory floats and install four(4)4'x 20'floating fingers on the east side of the west floating main dock,and one(1)fixed wood pile and timber finger pier off the west main pier,each with associated support,restraint and fender/tie off piles, and all seaward of the Apparent High Water line in the waters of West Harbor. Property identified as 49 Central Avenue,Fishers Island, SCTM# 1000-10.-1-9. ✓Vote Record-Resolution RES-2024-545 d Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter Rl ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Mo,er 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith .... Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-546 CATEGORY.• Special Events DEPARTMENT.• Town Clerk Mattituck Environmental Fireworks Permit Issuance RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a Fireworks Permit by the Town Clerk to Mattituck Environmental LLC for a fireworks display on Tuesday,July 4,2024 at approx. 9:30 PM(Rain Date:TBD at 9:30 PM)at 9205 Skunk Lane,and by Barge,Cutchogue,New York,upon payment of a single fee of$100.00, subject to the following: 1. Applicant shall place garbage disposal receptacles along the entire Causeway Beach frontage and shall properly empty and dispose of such refuse and in water. 2. Applicant shall complete a post-event clean up within 12 hours of the conclusion of the event,to the satisfaction of the Town, and shall rectify any condition identified by the Town's post event inspection; 3. Applicant's compliance with the requirements of the Town's Policy regarding the issuance of fireworks permits; 4. Compliance with New York State penal code 270 and 405 and Chapter 56 of New York state Fire code. 5. Compliance with any other state or federal agencies if so deemed ✓Vote Record-Resolution RES-2024-546 0 Adopted ❑ Adopted as Amended ❑ Defeated ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,, ,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,, Yes/Ave No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Secondert 0 ❑ ❑ ❑ ❑ Supervisor's Appt Arnie H.Smith Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Sup[Hgwys Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-547 CATEGORY Special Events DEPARTMENT.- Town Attorney Special Event 2024-20.EV&EM Vineyards RESOLVED that the Town Board of the Town of Southold hereby grants permission to EV&EM Vineyards to hold Special Event 2024- 2E at 3165 Main RD,Laurel,New York as applied for in Application EEV 1 a-b for Birthday Parties on June 21 st and August 2nd,2024, from 6:30 to 11:OOPM These events are approved with the following conditions: 1. All parking of vehicles for this event must be as shown on the plan submitted with the special event application. 2. No parking, improvements or activities for these events are permitted on adjacent land where development rights have been sold to the Suffolk County. 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-2024-547 0 Adopted ❑ Adopted as Amended ❑ Defeated ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,, , ',, ...,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Yes/Ave No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt r ❑ Rescinded Albert J Krupski Jr Voter 0 ❑ ❑ ❑ .Till Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-548 CATEGORY. Special Events DEPARTMENT. Town Attorney Special Events Permit Pellegini Vinevard 2024-21 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Pellegrini Vineyard to hold a Special Event 2024-21 at Pellegrini Vineyards,23005 Main Road,Cutchogue,NY as applied for in Applications PVla-e for events to be held 6/29, 9/14,9/20,9/21,and 10/12, 2024 from 5:30 pm to 11:00 pm,provided they adhere to all conditions on the application and 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. ✓Vote Record-Resolution RES-2024-548 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Seconded 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Arnie H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans I,. MoN er'...... 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-549 CATEGORY Special Events DEPARTMENT. Town Attorney Special Event 2023-37 Oysterponds Historical Society RESOLVED that the Town Board of the Town of Southold hereby grants permission to Oysterponds Historical Society,to hold Special Event 2024-22 at the Poquatuck Park, 1555 Village Lane,Orient, New York as applied for in Application OHS la for Annual Summer Benefit on August 3,2024 from 5:30PM to 8:30 PM,provided they adhere to all conditions on the application,permit and the Town of Southold Policy for Special Events.All parking must be contained on site.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-2024-549 0 Adopted ❑ Adopted as Amended ❑ Defeated ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,, ,,,,,,,,,,,,,,,,,,, Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Mover 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt r Albert J Krupski,Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded Till Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Louisa P.Evans Voter 2 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-550 CATEGORY Special Events DEPARTMENT. Town Attorney Special Event 2024-23-Senor Taco RESOLVED that the Town Board of the Town of Southold hereby grants permission to Senor Taco,to hold Special Events 2024-23 at the Senor Taco,44780 County Road 48, Southold,New York as applied for in Application ST1 a for Tequila Mezcal Fest on July 27th,2024 from 1PM to 6PM, subject to the following conditions: 1. No parking of any vehicles for this event on County Road 48 or on adjacent preserved land to the north. 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-2024-550 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Ave No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Seconded 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ !�'Y' PP SuP t H s Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-551 CATEGORY Special Events DEPARTMENT. Town Clerk Special Event 2024-34 Peconic Bay Vineyards RESOLVED that the Town Board of the Town of Southold hereby grants permission to Peconic Bay Vineyard,to hold Special Event 2024-24 at the Peconic Bay Vineyards, 31320 Main Road,Cutchogue,New York as applied for in Application PBV4a for a wedding on June 21,2024 from 5:OOPM to 10:00 PM,provided they adhere to all conditions on the application,pen-nit and the Town of Southold Policy for Special Events.All parking must be contained on site.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-2024-551 0 Adopted ❑ Adopted asAntended ❑ Defeated Yes/Ave No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Seconded 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty Voter 0 ❑ ❑ ❑ Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-552 CATEGORY Close/Use Town Roads DEPARTMENT. Town Clerk Grant Permission to the Mattituck Chamber of Coninterce to Hold Its Annual Mattituck Street Fair Financial Impact: Total Police Department Cost for Event=$1,208.19 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Chamber of Commerce to hold its Annual Mattituck Street Fair and to close down Old Sound Avenue between Love Lane and Westphalia,Mattituck on Saturday July 13th,2024 from 6:00 AM to 6:00 PM provided they file a Certificate of Liability Insurance naming the Town of Southold as an additional 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.Applicant to meet with Captain Grattan at Police Department as soon as possible. ✓Vote Record-Resolution RES-2024-552 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Seconder'.: 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-553 CATEGORY Close/Use Town Roads DEPARTMENT. Town Clerk Grant Police Department Assistance to Cutchogue Fire Department Chicken BBQ Financial Impact: Cost Analvsisfrom PD is$985.72 RESOLVED the Town Board of the Town of Southold hereby grants Police Department assistance to the Cutchogue Fire Department for its Annual Chicken BBQ on Saturday,August 24,2024 at the Peconic Bay Winery,31320 Main Road, Cutchogue New York,provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads.All Town fees for this event,with the exception of the Clean-up Deposit,are waived. Please contact Captain Grattan for traffic detail. ✓Vote Record-Resolution RES-2024-553 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Rescinded Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-554 CATEGORY Close/Use Town Roads DEPARTMENT. Town Clerk Cutchogue Fire Department's Stuff the Sleigh 5K Financial Impact: Police Department cost=$1023.94 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue Fire Department to use the following route: New Suffolk Road,Grathwohl Road,Fanning Road,5'Street,King Street,4th Street,and Orchard Street to hold its Annual Sleigh 5K in Cutchogue,on Sunday,December 10,2023 beginning at 9:00 AM,provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads.All Town fees for this event,with the exception of the Clean-up Deposit,are waived. ✓Vote Record-Resolution RES-2024-554 ❑ Adopted ❑ Adopted as Amended ❑ Defeated ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,, ,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,l"" ,,,,,,..,,,,,,,,,,, Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Mover 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt r Albert J Krupski Jr Voter 0 ❑ ❑ ❑ 0 Rescinded ❑ Town Clerk's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-555 CATEGORY Refund DEPARTMENT. Town Clerk Return of Clean-Up Deposit to Cutchogue-New Suffolk Historical Council WHEREAS the Cutchogue-New Suffolk Historical Council has supplied the Town of Southold with a Clean-up Deposit fee in the amount of$250.00 for their Family History Day and WHEREAS the Southold Town Police Chief,Martin Flatley,has informed the Town Clerk's office that this fee may be refunded,now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of$250.00 to Cutchogue-New Suffolk Historical Council,PO Box 714,Cutchogue,NY 11935. ✓Vote Record-Resolution RES-2024-555 0 Adopted ❑ Adopted asAincnded ❑ Defeated Yes/Ave No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Seconded 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ �Y PP SuP t H s Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-556 CATEGORY Refund DEPARTMENT. Town Clerk Refund for Disposal&Parking Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$50.00 to Edgar Gilbert, 175 Glenwood Road, Cutchogue,NY for purchasing duplicate disposal and parking permits. ✓Vote Record-Resolution RES-2024-556 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Mover 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy .Seconder: 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-557 CATEGORY. Committee Appointment DEPARTMENT. Town Clerk Rescind Resolution#2012-196-Appoint SMOs for MS4 RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 2012-196,adopted at the February 28,2012 regular Town Board meeting in its entirety,which read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints the following employees as Stormwater Management Officers(SMOs)-pursuant to Chapter 236 of the Town Code: James Richter,Engineering Inspector Michael Verity,Chief Building Inspector George Gillen,Building Inspector Gary Fish,Building Inspector Patricia Conklin,Plans Examiner Mark Terry,Principal Planner ✓Vote Record-Resolution RES-2024-557 0 Adopted ❑ Adopted as Amended ❑ Defeated ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Voter 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt r ❑ Rescinded Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty Mover 0 ❑ ❑ ❑ Louisa P.Evans .,_Seconder. 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-558 CATEGORY Bond DEPARTMENT. Town Clerk Bond USCG FIFD Resolution and Order After Public Hearing WHEREAS,the Board of Commissioners of the Fishers Island Ferry District(the"District"),in the Town of Southold(the"Town"), Suffolk County,New York,pursuant to a resolution of said Board of Commissioners,which,together with a petition in due form,was duly submitted to the Town Board(the"Town Board")of the Town,has requested that the Town Board call a public hearing to hear all persons interested in the subject thereof,and WHEREAS,on May 7,2024,the Town Board of the Town of Southold(herein called the "Town"),in the County of Suffolk,New York, on behalf of the District,adopted an Order pursuant to Section 202-b of the Town Law,describing in general terms a proposed increase and improvement of facilities,consisting of the acquisition of a parcel of real property located on Fishers Island in the Town of Southold, currently owned by the United States Coast Guard,and identified as SCTM# 1000-1-1-4.3,at the aggregate estimated maximum cost of $2,600,000; and said Order stated that the Town Board would meet to hear all persons interested in said increase and improvement of facilities on June 4,2024 at 7:00 o'clock P.M. (Prevailing Time)at the Town Hall,53095 Main Road, Southold,New York;and WHEREAS,a Notice of said public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, said public hearing was duly held by the Town Board on June 4,2024 at 7:00 o'clock P.M. (Prevailing Time)and continued on June 18,2024 at 7:00 o'clock P.M. at the Town Hall, 53095 Main Road, Southold,New York,with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS,the District,as lead agency,has given due consideration to the impact that the action may have on the environment pursuant to the State Environmental Quality Review Act(SEQRA),constituting Article 8 of the Environmental Conservation Law,and 6 N.YC.R.R.,Part 617(c)and has determined that it is a Type II action,and therefore no further environmental review is; and WHEREAS,the aggregate principal amount which the Town Board may borrow and for which obligations may be issued on behalf of the District,as authorized pursuant to Section 4 of Chapter 699 of the Laws of 1947,and acts amendatory thereto,is$20,000,000;and WHEREAS,the principal amount of bonds issued pursuant to this resolution shall not exceed$2,600,000; Now,therefore,on the basis of the information given at such hearing,it is hereby DETERMINED,that it is in the public interest to increase and improve the facilities of the District as hereinabove described,at the estimated maximum cost of$2,600,000;and it is hereby ORDERED,that the facilities of the District shall be so increased and improved and that the Board of Commissioners shall prepare plans and specifications,if necessary,and make a careful estimate of the expense for said increase and improvement of such facilities and,with the assistance of Attorney for said Board,shall prepare a proposed contract for such increase and improvement of facilities of the District, which plans and specifications,estimate and proposed contract shall be presented to the Town Board as soon as possible;and it is hereby FURTHER ORDERED,that the expense of said increase and improvement of facilities shall be financed as hereinabove set forth,and the costs thereof,including payment of the principal of and interest on the obligations authorized to be issued,shall be assessed,levied and collected by the Town Board from the several lots and parcels of land within the District in the same manner and at the same time as other Town charges,but if not paid from such source,all the taxable property within said Town shall be subject to the levy of ad valorem taxes, in an amount sufficient to pay the principal of and interest on said obligations;and it is hereby FURTHER ORDERED,that the Town Clerk record,or cause to be recorded,a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten(10)days after adoption hereof. ✓Vote Record-Resolution RES-2024-558 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Greg Doroski Seconder 2 ❑ ❑ ❑ ❑ Defeated Brian O.Mealy Voter Q ❑ ❑ ❑ 0 Tabled Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Withdrawn Albert J Krupski Jr Voter i 0 ❑ ❑ ❑ ❑ Supervisor's Appt .Till Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Mover I 0 i ❑ i ❑ i ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ SuptHgwyaAppt ❑ No Action 0 Lost Next:7/2/24 7:00 PM 2024-559 CATEGORY Bond DEPARTMENT. Town Clerk Bond USCG FIFD Resolution BOND RESOLUTION OF THE TOWN OF SOUTHOLD,NEW YORK, ADOPTED JULY 2,2024,APPROPRIATING$2,600,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND FERRY DISTRICT,AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF$2,600,000 TO FINANCE SAID APPROPRIATION WHEREAS,after a public hearing duly called and held pursuant to Section 202-b of the Town Law,and the applicable provisions of Chapter 699 of the New York Laws of 1947,the Town Board of the Town of Southold(herein called the?Town?),in the County of Suffolk,New York determined that it is in the public interest to increase and improve the facilities of the Fishers Island Ferry District (referred to herein as the?District?),and ordered that such facilities be so improved; Now,therefore,be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD,IN THE COUNTY OF SUFFOLK,NEW YORK(by the favorable vote of not less than two-thirds of all the members of said Board)AS FOLLOWS: Section 1. The Town hereby appropriates the amount of$2,600,000 for the increase and improvement of facilities of the District, consisting of the acquisition of a parcel of real property located on Fishers Island in the Town of Southold,currently owned by the United States Coast Guard,and identified as SCTM#1000-1-1-4.3. The estimated maximum cost thereof,including preliminary costs and costs incidental thereto and the financing thereof,is$2,600,000. The plan of financing includes the issuance of bonds in the principal amount of$2,600,000 to finance said appropriation,and the assessment,levy and collection of assessments upon the several lots and parcels of land within the District in the same manner and at the same time as other Town charges,but if not paid from such source,all the taxable property within said Town shall be subject to the levy of ad valorem taxes,in an amount sufficient to pay the principal of and interest on said obligations. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of$2,600,000 pursuant to the provisions of the Local Finance Law,constituting Chapter 33-a of the Consolidated Laws of the State of New York(herein called the?Law?),to finance said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the objector purpose for which said bonds are authorized to be issued,within the limitations of Section 11.00 a.21 of the Law,is thirty(30)years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five(5)years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town,payable as to both principal and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds,and provision shall be made annually in the budget of the Town by appropriation for(a)the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b)the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law,the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms,form and contents and as to the sale and issuance of the bonds herein authorized,and the renewals of said bond anticipation notes,and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service,are hereby delegated to the Supervisor,the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution,and of any notes issued in anticipation of said bonds,may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money,or (b) the provisions of law which should be complied with at the date of the publication of such resolution,or a summary thereof, are not substantially complied with,and an action,suit or proceeding contesting such validity is commenced within twenty days after the date of such publication,or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution,in summary, in?The Suffolk Times,?a newspaper having a general circulation in said Town,which newspaper is hereby designated as the official newspaper of the Town for such publication,together with the Town Clerk?s statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. NOTICE The resolution,a summary of which is published herewith,has been adopted on July 2,2024,and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk,New York is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with,and an action,suit or proceeding contesting such validity is commenced within twenty days after the publication of this notice,or such obligations were authorized in violation of the provisions of the constitution. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Dated: July 2,2024 Southold,New York Denis Noncarrow Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD,NEW YORK,ADOPTED JULY 2,2024,APPROPRIATING$2,600,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND FERRY DISTRICT,AND AUTHORIZING THE ISSUANCE OF BONDS 1N THE PRINCIPAL AMOUNT OF$2,600,000 TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is the increase and improvement of facilities of the Fishers Island Ferry District, consisting of the acquisition of a parcel of real property located on Fishers Island in the Town of Southold,currently owned by the United States Coast Guard,and identified as SCTM# 1000-1-1-4.3 at the aggregate estimated maximum cost of$2,600,000. The maximum amount of obligations authorized to be issued is$2,600,000. The period of probable usefulness is thirty(30)years. A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk,Town Hall, 53095 Main Road, Southold,New York. ✓Vote Record-Resolution RES-2024-559 ❑ Adopted ❑ Adopted as Amended ❑ Defeated ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,, ,,,,, ,,,, ,,,, ,,,,, ........................................................................................ 0 Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Greg Doroski Mover El ❑ ❑ ❑ ❑ Supervisor's Appt Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Rescinded Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ,rill Doherty Voter 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ No Action Lost Next:7/2/24 7:00 PM 2024-560 CATEGORY.• Enact Local Law DEPARTMENT. Town Clerk Enact LL Chapter 234-SPDES WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York,on the 9t'day of April, 2024,A Local Law entitled,"A Local Law in relation to SPDES Stormwater Management and Erosion&Sediment Control."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 purposed Local Law entitled,"A Local Law in relation to SPDES Stormwater Management and Erosion& Sediment Control"reads as follows: LOCAL LAW NO. 2024 1. A new Chapter 234 of the Code of the Town of Southold is hereby adopted as follows: A Local Law entitled,"A Local Law in relation to SPDES Stormwater Management and Erosion&Sediment Control". IL §234-1 Legislative Intent A. Findings. The State of New York,pursuant to the Clean Water Act(33 U.S.C. §1251 et seq.)is authorized to adopt and implement a State Pollutant Discharge Elimination System(SPDES)permit program regulating the discharge of pollutants from new or existing outlets or point sources into the waters of the State. The State enacted Article 17,Title 8,of the Environmental Conservation Law requiring a State Pollution Discharge Elimination System(SPDES)permit prior to the discharge of any pollutants.Under the Federal National Pollutant Discharge Elimination System(NPDES)regulations,as administrated by New York State,municipalities are required to obtain a permit for the discharge of stormwater. The SPDES permit requires that the Town enact a local law that complies with federal and New York State guidelines for stormwater control,which addresses the following findings of fact as determined by the State and accepted by the Town of Southold: 1. Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes,flooding, stream channel erosion,or sediment transport and deposition; 2. This stormwater runoff contributes to increased quantities of water-borne pollutants,including siltation of aquatic habitat for fish and other desirable species; 3. Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat; 4. Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation; 5. Impervious surfaces allow less water to percolate into the soil,thereby decreasing groundwater recharge and stream baseflow; 6. Substantial economic losses can result from these adverse impacts on the waters of the municipality; 7. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities; 8. The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes,soil erosion,stream channel erosion,and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety. 9. Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development. B. Purpose. The purpose of this local law is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety,and welfare of the public residing within this jurisdiction and to address the findings of fact in Section 1 hereof. This local law seeks to meet those purposes by achieving the following objectives: 1. Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems(MS4s),Permit No. GP-0-24-001 or as amended or revised; 2. Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System(SPDES)General Permit for Construction Activities GP-0- 20-001 or as amended or revised; 3. Minimize increases in stormwater runoff from land development activities in order to reduce flooding,siltation,increases in stream temperature,and streambank erosion and maintain the integrity of stream channels; 4. Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality; 5. Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and 6. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution,wherever possible,through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety. C. Statutory Authority.In accordance with Article 10 of the Municipal Home Rule Law of the State of New York,the Town of Southold has the authority to enact local laws and amend local laws and for the purpose of promoting the health,safety or general welfare of the Town of Southold and for the protection and enhancement of its physical environment.The Town of Southold may include in any such local law provisions for the appointment of any municipal officer,employees,or independent contractor to effectuate, administer and enforce such local law. D. Applicability. This local law shall be applicable to all land development activities as defined in this local law. 1. The municipality shall designate a Stormwater Management Officer who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The Stormwater Management Officer may(1)review the plans,(2)upon approval by the Town Board of the Town of Southold,engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board,or(3)accept the certification of a licensed professional that the plans conform to the requirements of this law. 2. All land development activities subject to review and approval by any duly authorized Board of the Town shall be reviewed subject to the standards contained in this local law 3. All land development activities not subject to review as stated herein at subsection (D)(2)of this paragraph shall be required to submit a Stormwater Pollution Prevention Plan(SWPPP)to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this law. E. Exemptions.The following activities may be exempt from review under this law. 1. Agricultural activity as defined in this local law. 2. Silvicultural activity except that landing areas and log haul roads are subject to this law. 3. Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade,hydraulic capacity or original purpose of a facility. 4. Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer. 5. Any part of a subdivision if a plat for the subdivision has been approved by the Town of Southold on or before the effective date of this law. 6. Land development activities for which a building permit has been approved on or before the effective date of this law. 7. Cemetery graves. 8. Installation of fence,sign,telephone,and electric poles and other kinds of posts or poles. 9. Emergency activity immediately necessary to protect life,property or natural resources. 10. Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family. if. Landscaping and horticultural activities in connection with an existing structure. §234-2 Definitions The terms used in this local law or in documents prepared or reviewed under this local law shall have the meaning as set forth in this section. Agricultural Activity-the activity of an active farm including grazing and watering livestock,irrigating crops,harvesting crops,using land for growing agricultural products,and cutting timber for sale,but shall not include the operation of a dude ranch or similar operation,or the construction of new structures associated with agricultural activities. Applicant-a property owner or agent of a property owner who has filed an application for a land development activity. Building-any structure,either temporary or permanent,having walls and a roof,designed for the shelter of any person,animal,or property,and occupying more than 100 square feet of area. Channel-a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. Clearing-any activity that removes the vegetative surface cover. Dedication-the deliberate appropriation of property by its owner for general public use. Department-the New York State Department of Environmental Conservation Design Manual-the New York State Stormwater Management Design Manual, most recent version including applicable updates, that serves as the official guide for stormwater management principles,methods and practices. Developer-a person who undertakes land development activities. Erosion Control Manual-the most recent version of the"New York Standards and Specifications for Erosion and Sediment Control" manual,commonly known as the"Blue Book". Grading-excavation or fill of material,including the resulting conditions thereof. Impervious Cover-those surfaces,improvements and structures that cannot effectively infiltrate rainfall, snow melt and water(e.g., building rooftops,pavement, sidewalks,driveways,etc). Industrial Stormwater Permit-a State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies. Infiltration-the process of percolating stormwater into the subsoil. Jurisdictional Wetland-an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Land Development Activity-construction activity including clearing,grading,excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre,or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules. Landowner-the legal or beneficial owner of land,including those holding the right to purchase or lease the land,or any other person holding proprietary rights in the land. Maintenance Agreement-a legally recorded document that acts as a property deed restriction,and which provides for long-term maintenance of Stormwater management practices. Nonpoint Source Pollution-pollution from any source other than from any discernible,confined,and discrete conveyances,and shall include, but not be limited to,pollutants from agricultural,silvicultural,mining,construction,subsurface disposal and urban runoff sources. Phasing- clearing a parcel of land in distinct pieces or parts,with the stabilization of each piece completed before the clearing of the next. Pollutant of Concern- sediment or a water quality measurement that addresses sediment(such as total suspended solids,turbidity or siltation)and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity. Project-land development activity Recharge-the replenishment of underground water reserves. Sediment Control-measures that prevent eroded sediment from leaving the site. Sensitive Areas-cold water fisheries, shellfish beds,swimming beaches,groundwater recharge areas,water supply reservoirs,habitats for threatened,endangered or special concern species. SPDES General Permit for Construction Activities GP-0-20-001-A permit under the New York State Pollutant Discharge Elimination System(SPDES)issued to developers of construction activities to regulate disturbance of one or more acres of land. SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems GP-0-24-001 -A permit under the New York State Pollutant Discharge Elimination System(SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards Stabilization-the use of practices that prevent exposed soil from eroding. Stop Work Order-an order issued which requires that all construction activity on a site be stopped. Stormwater-rainwater,surface runoff,snowmelt and drainage Stormwater Hotspot-a land use or activity that generates higher concentrations of hydrocarbons,trace metals or toxicants than are found in typical stormwater runoff,based on monitoring studies. Stormwater Management-the use of structural or non-structural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property,natural resources and the environment. Stormwater Management Facility-one or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff. Stormwater Management Officer-an employee or officer designated by the municipality to accept and review stormwater pollution prevention plans,forward the plans to the applicable municipal board and inspect stormwater management practices Stormwater Management Practices(SMPs)-measures,either structural or nonstructural,that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies. Stormwater Pollution Prevention Plan(SWPPP)-a plan for controlling stormwater runoff and pollutants from a site during and after construction activities. Stormwater Runoff-flow on the surface of the ground,resulting from precipitation Surface Waters of the State of New York-lakes,bays,sounds,ponds,impounding reservoirs,springs,wells,rivers,streams,creeks, estuaries,marshes,inlets,canals,the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water,natural or artificial,inland or coastal, fresh or salt,public or private(except those private waters that do not combine or effect a junction with natural surface or underground waters),which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems,including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands)nor resulted from impoundment of waters of the state. Watercourse-a permanent or intermittent stream or other body of water,either natural or man-made,which gathers or carries surface water. Waterway-a channel that directs surface runoff to a watercourse or to the public storm drain. §234-3 Stormwater Pollution Prevention Plans A. Stormwater Pollution Prevention Plan Requirement No application for approval of a land development activity shall be reviewed until the appropriate board has received a Stormwater Pollution Prevention Plan(SWPPP) prepared in accordance with the specifications in this local law. Each application for approval of a land development activity shall be accompanied by a filing fee. B. Contents of Stormwater Pollution Prevention Plans All SWPPPs shall provide the following background information and erosion and sediment controls: 1. Background information about the scope of the project,including location,type and size of project. 2. Site map/construction drawing(s)for the project, including a general location map. At a minimum,the site map should show the total site area; all improvements; areas of disturbance;areas that will not be disturbed;existing vegetation;on-site and adjacent offsite surface water(s);wetlands and drainage patterns that could be affected by the construction activity;existing and final slopes;locations of off-site material,waste,borrow or equipment storage areas; and location(s)of the stormwater discharges(s); 3. Description of the soil(s)present at the site; 4. Construction phasing plan describing the intended sequence of construction activities,including clearing and grubbing,excavation and grading,utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control(Erosion Control Manual),not more than five(5) acres shall be disturbed at any one time unless pursuant to an approved SWPPP. 5. Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff, 6. Description of construction and waste materials expected to be stored on-site with updates as appropriate,and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to stormwater,and spill-prevention and response; 7. Temporary and permanent structural and vegetative measures to be used for soil stabilization,runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out; 8. A site map/construction drawing(s)specifying the location(s),size(s)and length(s)of each erosion and sediment control practice; 9. Dimensions,material specifications and installation details for all erosion and sediment control practices,including the siting and sizing of any temporary sediment basins; 10. Temporary practices that will be converted to permanent control measures; 11. Implementation schedule for staging temporary erosion and sediment control practices,including the timing of initial placement and duration that each practice should remain in place; 12. Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice; 13. Name(s)of the receiving water(s); 14. Delineation of SWPPP implementation responsibilities for each part of the site; 15. Description of structural practices designed to divert flows from exposed soils, store flows,or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and 16. Any existing data that describes the stormwater runoff at the site. C. Land development activities as defined in§234(1)herein and meeting Condition"1","2" or"3"below shall also include water quantity and water quality controls(post- construction stormwater runoff controls)as set forth in subsection"D"below as applicable: Condition 1 - Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d)list of impaired waters or a Total Maximum Daily Load(TMDL)designated watershed for which pollutants in stormwater have been identified as a source of the impairment. Condition 2- Stormwater runoff from land development activities disturbing five (5)or more acres. Condition 3 -Stormwater runoff from land development activity disturbing between one (1)and five(5)acres of land during the course of the project,exclusive of the construction of single-family residences and construction activities at agricultural properties. D. SWPPP Requirements for Conditions 1,2 and 3: 1. All information in§234-3(B)of this local law 2. Description of each post-construction stormwater management practice; 3. Site map/construction drawing(s)showing the specific location(s)and size(s)of each post-construction stormwater management practice; 4. Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms 5. Comparison of post-development Stormwater runoff conditions with pre- development conditions 6. Dimensions,material specifications and installation details for each post- construction stormwater management practice; 7. Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice. 8. Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property. 9. Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with §234- 7 of this local law. 10. For Condition A,the SWPPP shall be prepared by a landscape architect,certified professional or professional engineer and must be signed by the professional preparing the plan,who shall certify that the design of all Stormwater management practices meet the requirements in this local law. §234-4 Other Environmental Permits The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan. §234-5 Contractor Certification 1. Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards." 2. The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm;the address(or other identifying description)of the site; and the date the certification is made. 3. The certification statement(s)shall become part of the SWPPP for the land development activity. 4. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization. §234-6 Performance and Design Criteria for Stormwater Management and Erosion and Sediment Control All land development activities shall be subject to the following performance and design criteria: A. Technical Standards For the purpose of this local law,the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this law: 1. The New York State Stormwater Management Design Manual(New York State Department of Environmental Conservation,most current version or its successor, hereafter referred to as the Design Manual) 2. New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society,2004,most current version or its successor,hereafter referred to as the Erosion Control Manual). B. Equivalence to Technical Standards Where Stormwater management practices are not in accordance with technical standards,the applicant or developer must demonstrate equivalence to the technical standards set forth herein at subsection(A)above and the SWPPP shall be prepared by a licensed professional. C. Water Quality Standards Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the state of New York. §234-7 Maintenance,Inspection and Repair of Stormwater Facilities A. Maintenance and Inspection During Construction 1. The applicant or developer of the land development activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control(and related appurtenances)which are installed or used by the applicant or developer to achieve compliance with the conditions of this local law. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by fifty(50)percent. 2. For land development activities as defined herein and meeting Condition 1,2 or 3 in 234(3)(C),the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every 7 days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site log book. B. Maintenance Easement(s) Prior to the issuance of any approval that has a stormwater management facility as one of the requirements,the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility.The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Southold to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this local law.The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Southold. C. Maintenance after Construction The owner or operator of permanent stormwater management practices installed in accordance with this law shall ensure they are operated and maintained to achieve the goals of this law.Proper operation and maintenance also includes,as a minimum,the following: l. A preventive/corrective maintenance program for all critical facilities and systems of treatment and control(or related appurtenances)which are installed or used by the owner or operator to achieve the goals of this law. 2. Written procedures for operation and maintenance and training new maintenance personnel. 3. Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with§234-6(C). D. Maintenance Agreements The Town of Southold shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Suffolk County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this local law entitled Sample Stormwater Control Facility Maintenance Agreement.The Town of Southold,in lieu of a maintenance agreement,at its sole discretion may accept dedication of any existing or future stormwater management facility,provided such facility meets all the requirements of this local law and includes adequate and perpetual access and sufficient area,by easement or otherwise,for inspection and regular maintenance. §234-8 Administration and Enforcement Section 1 -Inspections A. Erosion and Sediment Control Inspection The Town of Southold Stormwater Management Officer shall require such inspections as necessary to determine compliance with this law and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this law and the stormwater pollution prevention plan(S WPPP)as approved. To obtain inspections,the applicant shall notify the Town of Southold enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer: 1. Start of construction 2. Installation of sediment and erosion control measures 3. Completion of site clearing 4. Completion of rough grading 5. Completion of final grading 6. Close of the construction season 7. Completion of final landscaping 8. Successful establishment of landscaping in public areas. If any violations are found,the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer. B. Stormwater Management Practice Inspections The Town of Southold Stormwater Management Officer,is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit"as built"plans for any stormwater management practices located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer. C. Inspection of Stormwater Facilities After Project Completion Inspection programs shall be established on any reasonable basis,including but not limited to:routine inspections;random inspections; inspections based upon complaints or other notice of possible violations;inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants;inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit;and joint inspections with other agencies inspecting under environmental or safety laws.Inspections may include,but are not limited to:reviewing maintenance and repair records; sampling discharges,surface water,groundwater,and material or water in drainage control facilities;and evaluating the condition of drainage control facilities and other stormwater management practices. D. Submission of Reports The Town of Southold Stormwater Management Officer shall require monitoring and reporting from entities subject to this law as are necessary to determine compliance with this law. E. Right-of-Entry for Inspection When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system,the landowner shall grant to the Town of Southold the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in this Section at paragraph"C". Section 2. Performance Guarantee A. Construction Completion Guarantee In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Southold in its approval of the Stormwater Pollution Prevention Plan,the Town of Southold shall require the applicant or developer to provide,prior to construction, a performance bond,cash escrow,or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Southold as the beneficiary. The security shall be in an amount to be determined by the Town of Southold based on submission of final design plans,with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Southold,provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies)have been constructed in accordance with the approved plans and specifications and that a one(1)year inspection has been conducted and the facilities have been found to be acceptable to the Town of Southold.Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. B. Maintenance Guarantee Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility,the developer,prior to construction,shall be required to provide the Town of Southold with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction,and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities,the Town of Southold may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. C. Recordkeeping All entities subject to this law shall maintain records demonstrating compliance with this law. Section 3. Enforcement and Penalties A. Notice of Violation. When the Town of Southold determines that a land development activity is not being carried out in accordance with the requirements of this local law,it may issue a written notice of violation to the landowner.The notice of violation shall contain: 1. the name and address of the landowner,developer or applicant; 2. the address when available or a description of the building,structure or land upon which the violation is occurring; 3. a statement specifying the nature of the violation; 4. a description of the remedial measures necessary to bring the land development activity into compliance with this local law and a time schedule for the completion of such remedial action; 5. a statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; 6. a statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within fifteen(15)days of service of notice of violation. B. Stop Work Orders The Town of Southold may issue a stop work order for violations of this law. Persons receiving a stop work order shall be required to halt all land development activities,except those activities that address the violations leading to the stop work order. The stop work order shall be in effect until the Town of Southold confirms that the land development activity is in compliance and the violation has been satisfactorily addressed.Failure to address a stop work order in a timely manner may result in civil,criminal,or monetary penalties in accordance with the enforcement measures authorized in this local law. C. Violations Any land development activity that is commenced or is conducted contrary to this local law,may be restrained by injunction or otherwise abated in a manner provided by law. D. Penalties In addition to or as an alternative to any penalty provided herein or by law,any person who violates the provisions of this local law shall be guilty of a violation punishable by a fine not exceeding two thousand five hundred dollars($2,500)or imprisonment for a period not to exceed six months,or both for conviction of a first offense;for conviction of a second offense both of which were committed within a period of five years,punishable by a fine not less than Seven Thousand Five Hundred($7,500)dollars nor more than Ten Thousand dollars($10,000)or imprisonment for a period not to exceed six months,or both;and upon conviction for a third or subsequent offense all of which were committed within a period of five years,punishable by a fine not less than Fifteen Thousand($15,000)dollars nor more than Twenty Thousand($20,000)dollars or imprisonment for a period not to exceed six months,or both.However,for the purposes of conferring jurisdiction upon courts and judicial officers generally,violations of this local law shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation. E. Withholding of Certificate of Occupancy If any building or land development activity is installed or conducted in violation of this local law the Stormwater Management Officer may prevent the occupancy of said building or land. F. Restoration of lands Any violator may be required to restore land to its undisturbed condition.In the event that restoration is not undertaken within a reasonable time after notice,the Town of Southold may take necessary corrective action,the cost of which shall become a lien upon the property until paid. §234-9 Fees for Services The Town of Southold may require any person undertaking land development activities regulated by this law to pay a fee for review of SWPPPs,inspections,and SMP maintenance performed by the Town of Southold or performed by a third party for the Town of Southold, at a rate to be determined by Town Board resolution. §234-10 Severability and Effective Date Ill. Severability If the provisions of any article, section, subsection,paragraph, subdivision or clause of this local law shall be judged invalid by a court of competent jurisdiction,such order of judgment shall not affect or invalidate the remainder of any article,section,subsection, paragraph,subdivision or clause of this local law. IV. Effective Date This local law shall be in full force and effect immediately upon its final adoption and filing with the Secretary of State. All prior laws and parts of law in conflict with this law are hereby repealed. Schedule A Stormwater Management Practices Acceptable for Water Quality (Front:New York State Stormwater Management Design Manual, Table 5.1) Group Practice Description Pond Micropool Extended Pond that treats the majority of the water quality volume through extended detention,and Detention Pond(P-1) incorporates a micro pool at the outlet of the pond to prevent sediment resus ension. Wet Pond(P-2) Pond that provides storage for the entire water quality volume in the permanent pool. Wet Extended Detention Pond that treats a portion of the water quality volume by detaining storm flows above a Pond P-3permanent pool for a specified minimum detention time. Multiple Pond System A group of ponds that collectively treat the water quality volume. (P-4) Pocket Pond(P-5) A stormwater wetland design adapted for the treatment of runoff from small drainage areas that has little or no baseflow available to maintain water elevations and relies on groundwater to maintain a permanent pool. Shallow Wetland(W-1) A wetland that provides water quality treatment entirely in a shallow marsh. Extended Detention A wetland system that provides some fraction of the water quality volume by detaining storm Wetland (W-2) flows above the marsh surface. Pond/Wetland System A wetland system that provides a portion of the water quality volume in (W-3) Wetland the permanent pool of a wet pond that precedes the marsh for a specified minimum detention time. Pocket Wetland(W-4) A shallow wetland design adapted for the treatment of runoff from small drainage areas that has variable water levels and relies on groundwater for its permanent pool. Infiltration Trench(I-1) An infiltration practice that stores the water quality volume in the void spaces of a gravel trench before it is infiltrated into the ground. Infiltration Basin(I-2) An infiltration practice that stores the water quality volume in a shallow Infiltration depression before it is infiltrated into the ground. Dry Well(1-3) An infiltration practice similar in design to the infiltration trench,and best suited for treatment of rooftop runoff. Filtering Surface Sand Filter(F-1) A filtering practice that treats stormwater by settling out larger particles in a sediment Practices chamber,and then filtering stormwater through a sand matrix. Underground Sand Filter A filtering practice that treats stormwater as it flows through underground settling and (F-2) filtering chambers. Perimeter Sand Filter(F- A filter that incorporates a sediment chamber and filter bed as parallel vaults adjacent to a 3) parking lot. Organic Filter(F-4) A filtering practice that uses an organic medium such as compost in the filter in place of sand. Bioretention(F-5) A shallow depression that treats stormwater as it flows through a soil matrix,and is returned to the storm drains stem. Dry Swale(0-1) An open drainage channel or depression explicitly designed to detain and Open Channels promote the filtration of stormwater runoff into the soil media. Wet Swale(0-2) An open drainage channel or depression designed to retain water or intercept groundwater for water quality treatment. Schedule B SAMPLE STORMWATER CONTROL FACILITY MAINTENANCE AGREEMENT Whereas,the Town of Southold(Town)and the ("facility owner")want to enter into an agreement to provide for the long-term maintenance and continuation of stormwater control measures approved by the Town for the below named project,and Whereas,the Town and the facility owner desire that the stormwater control measures be built in accordance with the approved project plans and thereafter be maintained,cleaned,repaired,replaced and continued in perpetuity in order to ensure optimum performance of the components.Therefore,the Town and the facility owner agree as follows: t. This agreement binds the Town and the facility owner, its successors and assigns,to the maintenance provisions depicted in the approved project plans which are attached as Schedule A of this agreement. 2. The facility owner shall maintain,clean,repair,replace and continue the stormwater control measures depicted in Schedule A as necessary to ensure optimum performance of the measures to design specifications.The stormwater control measures shall include,but shall not be limited to, the following: drainage ditches, swales,dry wells, infiltrators, drop inlets,pipes,culverts,soil absorption devices and retention ponds. 3. The facility owner shall be responsible for all expenses related to the maintenance of the stormwater control measures and shall establish a means for the collection and distribution of expenses among parties for any commonly owned facilities. 4. The facility owner shall provide for the periodic inspection of the stormwater control measures,not less than once in every five(5)year period,to determine the condition and integrity of the measures. Such inspection shall be performed by a Professional Engineer licensed by the State of New York.The inspecting engineer shall prepare and submit to the Town within 30 days of the inspection,a written report of the findings including recommendations for those actions necessary for the continuation of the stormwater control measures. 5. The facility owner shall not authorize,undertake or permit alteration,abandonment, modification or discontinuation of the stormwater control measures except in accordance with written approval of the Town. 6. The facility owner shall undertake necessary repairs and replacement of the stormwater control measures at the direction of the Town or in accordance with the recommendations of the inspecting engineer. 7. The facility owner shall provide to the Town within 30 days of the date of this agreement, a security for the maintenance and continuation of the stormwater control measures in the form of(a Bond,letter of credit or escrow account). 8. This agreement shall be recorded in the Office of the County Clerk,County of Suffolk together with the deed for the common property and shall be included in the offering plan and/or prospectus approved pursuant to 9. If ever the Town determines that the facility owner has failed to construct or maintain the stormwater control measures in accordance with the project plan or has failed to undertake corrective action specified by the Town or by the inspecting engineer,the Town is authorized to undertake such steps as reasonably necessary for the preservation, continuation or maintenance of the storrwater control measures and to affix the expenses thereof as a lien against the property. 10. This agreement is effective ✓Vote Record-Resolution RES-2024-560 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ b'u'Y Appt Sup t H s A t Louisa P.Evans Moves 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-561 CATEGORY Enact Local Law DEPARTMENT. Town Clerk Enact LL Chapter 235 Storm Sewer-Systems WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York,on the 91h day of April, 2024,A Local Law entitled,"A Local Law in relation to Storm Sewer Systems;Illicit Discharges,Activities and Connections"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 purposed Local Law entitled,"A Local Law in relation to Storm Sewer Systems;Illicit Discharges,Activities and Connections"reads as follows: LOCAL LAW NO. 2024 I. A new Chapter 235 of the Code of the Town of Southold is hereby adopted as follows: A Local Law entitled,"A Local Law in relation to Storm Sewer Systems;Illicit Discharges,Activities and Connections 235-1. PURPOSE/INTENT. The purpose of this law is to provide for the health,safety,and general welfare of the citizens of the Town of Southold through the regulation of non-stormwater discharges to the municipal separate storm sewer system(MS4)to the maximum extent practicable as required by federal and state law.This law establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the SPDES General Permit for Municipal Separate Storm Sewer Systems. The objectives of this law are: 1. To meet the requirements of the SPDES General Permit for Stormwater Discharges from MS4s,Permit no. GP-0-24-001 or as amended or revised; 2. To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept,process or discharge non-stormwater wastes; 3. To prohibit Illicit Connections,Activities and Discharges to the MS4; 4. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this law;and 5 To promote public awareness of the hazards involved in the improper discharge of trash, yard waste,lawn chemicals,pet waste,wastewater,grease,oil,petroleum products, cleaning products,paint products,hazardous waste, sediment and other pollutants into the MS4. 235-2.DEFINITIONS. Whenever used in this law,unless a different meaning is stated in a definition applicable to only a portion of this law,the following terms will have meanings set forth below: Best Management Practices(BMPs)-Schedules of activities,prohibitions of practices,general good house-keeping practices,pollution prevention and educational practices,maintenance procedures,and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater,receiving waters,or stormwater conveyance systems.BMPs also include treatment practices,operating procedures,and practices to control site runoff,spillage or leaks,sludge or water disposal,or drainage from raw materials storage. Clean Water Act-The Federal Water Pollution Control Act(33 U.S.C. § 1251 et seq.),and any subsequent amendments thereto. Construction Activity_-Activities requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP-0-20-001,as amended or revised.These activities include construction projects resulting in land disturbance of one or more acres. Such activities include but are not limited to clearing and grubbing,grading,excavating, and demolition. Department-The New York State Department of Environmental Conservation. Hazardous Materials-Any material, including any substance,waste,or combination thereof,which because of its quantity, concentration,or physical,chemical,or infectious characteristics may cause,or significantly contribute to,a substantial present or potential hazard to human health, safety,property,or the environment when improperly treated,stored,transported,disposed of,or otherwise managed. Illicit Connections-Any drain or conveyance,whether on the surface or subsurface,which allows an illegal discharge to enter the MS4, including but not limited to: 1. Any conveyances which allow any non-stormwater discharge including treated or untreated sewage,process wastewater,and wash water to enter the MS4 and any connections to the storm drain system from indoor drains and sinks,regardless of whether said drain or connection had been previously allowed,permitted,or approved by an authorized enforcement agency; or 2. Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans,maps,or equivalent records and approved by an authorized enforcement agency. Illicit Discharge-Any direct or indirect non-stormwater discharge to the MS4,except as exempted in 235-5A of this law. Industrial Activity-Activities requiring the SPDES permit for discharges from industrial activities except construction,GP-0-23-001, as amended or revised. MS4-Municipal Separate Storm Sewer System. Municipal Separate Storm Sewer System-A conveyance or system of conveyances(including roads with drainage systems,municipal streets,catch basins,curbs,gutters,ditches,man-made channels,or storm drains): 1. Owned or operated by the Town of Southold; 2. Designed or used for collecting or conveying stormwater; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works(POTW)as defined at 40CFR 122.2 Municipality-The Town of Southold Non-Stormwater Discharge-Any discharge to the MS4 that is not composed entirely of stormwater. Person-Any individual,association,organization,partnership,firm,corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant-Dredged spoil,filter backwash,solid waste,incinerator residue,treated or untreated sewage,garbage,sewage sludge, munitions,chemical wastes,biological materials,radioactive materials,heat,wrecked or discarded equipment,rock,sand and industrial, municipal,agricultural waste and ballast discharged into water;which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards. Premises-Any building,lot,parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Special Conditions 1. Discharge Compliance with Water Quality Standards-The condition that applies where a municipality has been notified that the discharge of stormwater authorized under their MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition the municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards. 2. 303(d)Listed Waters- The condition in the municipality's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d)listed water. 3. Total Maximum Daily Load , L)Strategy-The condition in the municipality's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by EPA for a waterbody or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10,2003,the municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. 4. The condition in the municipality's MS4 permit that applies if a TMDL is approved in the future by EPA for any waterbody or watershed into which an MS4 discharges. Under this condition the municipality must review the applicable TMDL to see if it includes requirements for control of stormwater discharges.if an MS4 is not meeting the TMDL stormwater allocations,the municipality must,within six(6)months of the TMDL's approval,modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. State Pollutant Discharge Elimination System SPDES)Stormwater Discharge Permit-A permit issued by the Department that authorizes the discharge of pollutants to waters of the state. Stormwater-Rainwater, surface runoff, snowmelt and drainage. Stormwater Management Officer(SMO)-An employee,the municipal engineer or other public official(s)designated by the Town of Southold to enforce this local law.The SMO may also be designated by the municipality to accept and review stormwater pollution prevention plans,forward the plans to the applicable municipal board and inspect stormwater management practices. 303(d)List-A list of all surface waters in the state for which beneficial uses of the water(drinking,recreation,aquatic habitat,and industrial use)are impaired by pollutants,prepared periodically by the Department as required by 235-303(d)of the Clean Water Act. 303(d) listed waters are estuaries,lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years. TMDL-Total Maximum Daily Load. Total Maximum Daily Load-The maximum amount of a pollutant to be allowed to be released into a waterbody so as not to impair uses of the water,allocated among the sources of that pollutant. Wastewater-Water that is not stormwater,is contaminated with pollutants and is or will be discarded. 235-3.APPLICABILITY. This law shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. 235-4.RESPONSIBILITY FOR ADMINISTRATION. The Stormwater Management Officer(s)(SMO(s))shall administer,implement,and enforce the provisions of this law. Such powers granted or duties imposed upon the authorized enforcement official may be delegated in writing by the SMO as may be authorized by the municipality. 235-5.DISCHARGE PROHIBITIONS. A. Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in 235-5A. The commencement,conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows: 1. The following discharges are exempt from discharge prohibitions established by this local law,unless the Department or the municipality has determined them to be substantial contributors of pollutants:water line flushing or other potable water sources,landscape irrigation or lawn watering,existing diverted stream flows, rising ground water,uncontaminated ground water infiltration to storm drains, uncontaminated pumped ground water,foundation or footing drains,air conditioning condensate, irrigation water, springs,water from individual residential car washing,natural riparian habitat or wetland flows,residential street wash water and water from firefighting activities. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants. 2. Discharges approved in writing by the SMO to protect life or property from imminent harm or damage,provided that, such approval shall not be construed to constitute compliance with other applicable laws and requirements,and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this local law. 3. Dye testing in compliance with applicable state and local laws is an allowable discharge,but requires a verbal notification to the SMO prior to the time of the test. 4. The prohibition shall not apply to any discharge permitted under an SPDES permit,waiver,or waste discharge order issued to the discharger and administered under the authority of the Department,provided that the discharger is in full compliance with all requirements of the permit,waiver,or order and other applicable laws and regulations,and provided that written approval has been granted for any discharge to the MS4. B. Prohibition of Illicit Connections. 1. The construction,use,maintenance or continued existence of illicit connections to the MS4 is prohibited. 2. This prohibition expressly includes,without limitation,illicit connections made in the past,regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 3. A person is considered to be in violation of this local law if the person connects a line conveying sewage to the municipality's MS4,or allows such a connection to continue. 235-6. PROHIBITION AGAINST ACTIVITIES CONTAMINATING STORMWATER A. Activities that are subject to the requirements of this section are those types of activities that: 1. Cause or contribute to a violation of the municipality's MS4 SPDES permit. 2. Cause or contribute to the municipality being subject to the Special Conditions as defined in§235-2(Definitions)of this local law. B. Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the municipality's MS4 SPDES permit authorization,that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the municipality's MS4 SPDES permit authorization. 235-7.REQUIREMENT TO PREVENT,CONTROL,AND REDUCE STORMWATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES. A. Best Management Practices Where the SMO has identified illicit discharges as defined in§235-2 or activities contaminating stormwater as defined in §235-6 the municipality may require implementation of Best Management Practices(BMPs)to control those illicit discharges and activities. 1. The owner or operator of a commercial or industrial establishment shall provide, at their own expense,reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and non-structural BMPs. 2. Any person responsible for a property or premise,which is,or may be,the source of an illicit discharge as defined in§235-2 or an activity contaminating stormwater as defined in §235-6,may be required to implement,at said person's expense,additional structural and non-structural BMPs to reduce or eliminate the source of pollutant(s)to the MS4. 3. Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity,to the extent practicable,shall be deemed compliance with the provisions of this section. 235-8.SUSPENSION OF ACCESS TO MS4.Illicit Discharges in Emergency Situations. A. The SMO may,without prior notice,suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present irmninent and substantial danger to the environment,to the health or welfare of persons,or to the MS4.The SMO shall notify the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension.If the violator fails to comply with a suspension order issued in an emergency,the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons. B. Suspension due to the detection of illicit discharge.Any person discharging to the municipality's MS4 in violation of this law may have their MS4 access terininated if such termination would abate or reduce an illicit discharge.The SMO will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor.The violator may petition the SMO for a reconsideration and hearing. Access may be granted by the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMO determines in writing that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section,without the prior approval of the SMO. 235-9.INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES. Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the municipality prior to the allowing of discharges to the MS4. 235- 10. ACCESS AND MONITORING OF DISCHARGES. A. Applicability.This section applies to all facilities that the SMO must inspect to enforce any provision of this Law,or whenever the authorized enforcement agency has cause to believe that there exists,or potentially exists,in or upon any premises any condition which constitutes a violation of this Law. B. Access to Facilities. 1. The SMO shall be permitted to enter and inspect facilities subject to regulation under this law as often as may be necessary to determine compliance with this Law.If a discharger has security measures in force which require proper identification and clearance before entry into its premises,the discharger shall make the necessary arrangements to allow access to the SMO. 2. Facility operators shall allow the SMO ready access to all parts of the premises for the purposes of inspection, sampling,examination and copying of records as may be required to implement this law. 3. The municipality shall have the right to set up on any facility subject to this law such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility's stormwater discharge. 4. The municipality has the right to require the facilities subject to this law to install monitoring equipment as is reasonably necessary to determine compliance with this law. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense.All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. 5. Unreasonable delays in allowing the municipality access to a facility subject to this law is a violation of this law.A person who is the operator of a facility subject to this law commits an offense if the person denies the municipality reasonable access to the facility for the purpose of conducting any activity authorized or required by this law. 6. If the SMO has been refused access to any part of the premises from which stormwater is discharged,and he/she is able to demonstrate probable cause to believe that there may be a violation of this law,or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this law or any order issued hereunder,then the SMO may seek issuance of a search warrant from any court of competent jurisdiction. 235- 11.NOTIFICATION OF SPILLS. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation,or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery,containment, and cleanup of such release.In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.In the event of a release of non-hazardous materials,said person shall notify the municipality in person or by telephone or facsimile no later than the next business day.Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the municipality within three business days of the telephone notice.If the discharge of prohibited materials emanates from a commercial or industrial establishment,the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. 235- 12.ENFORCEMENT. A. Notice of Violation. When the municipality's SMO finds that a person has violated a prohibition or failed to meet a requirement of this law,he/she may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: 1. The elimination of illicit connections or discharges; 2. That violating discharges,practices,or operations shall cease and desist; 3. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; 4. The performance of monitoring,analyses,and reporting; 5. Payment of a fine;and 6. The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required,the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline,the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. B. Penalties In addition to or as an alternative to any penalty provided herein or by law,any person who violates the provisions of this local law shall be guilty of a violation punishable by a fine not exceeding One Thousand dollars($1,000.00)or imprisonment for a period not to exceed six(6)months,or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five(5)years,punishable by a fine not less than Two Thousand Five Hundred dollars($2,500.00)nor more than Seven Thousand Five Hundred dollars($7,500.00)or imprisonment for a period not to exceed six(6)months,or both;and upon conviction for a third or subsequent offense all of which were committed within a period of five(5)years,punishable by a fine not less than Ten Thousand dollars($10,000.00)nor more than Twenty Thousand dollars($20,000.00) or imprisonment for a period not to exceed six(6)months,or both. However,for the purposes of conferring jurisdiction upon courts and judicial officers generally,violations of this local law shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations each week's continued violation shall constitute a separate additional violation. 235-13.APPEAL OF NOTICE OF VIOLATION. Any person receiving a Notice of Violation may appeal the determination of the SMO to the Town of Southold within fifteen(15)days of its issuance,which shall hear the appeal within thirty(30)days after the filing of the appeal,and within five(5)days of making its decision,file its decision in the office of the municipal clerk and mail a copy of its decision by certified mail to the discharger. 235-14.CORRECTIVE MEASURES AFTER APPEAL. A. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation,or,in the event of an appeal,within five(5)business days of the decision of the municipal authority upholding the decision of the SMO,then the SMO shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property. B. If refused access to the subject private property,the SMO may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred,the SMO may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property.The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger. 235 15.INJUNCTIVE RELIEF. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this law.If a person has violated or continues to violate the provisions of this law,the SMO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. 235-16.ALTERNATIVE REMEDIES. A. Where a person has violated a provision of this Law,he/she may be eligible for alternative remedies in lieu of a civil penalty,upon recommendation of the Municipal Attorney and concurrence of the Municipal Code Enforcement Officer,where: 1. The violation was unintentional 2. The violator has no history of pervious violations of this Law. 3. Environmental damage was minimal. 4. Violator acted quickly to remedy violation. 5. Violator cooperated in investigation and resolution. B. Alternative remedies may consist of one or more of the following: 1. Attendance at compliance workshops 2. Storm drain stenciling or storm drain marking 3. River, stream or creek cleanup activities 235-17.VIOLATIONS DEEMED A PUBLIC NUISANCE. In addition to the enforcement processes and penalties provided,any condition caused or permitted to exist in violation of any of the provisions of this law is a threat to public health, safety,and welfare,and is declared and deemed a nuisance,and may be summarily abated or restored at the violator's expense,and/or a civil action to abate,enjoin,or otherwise compel the cessation of such nuisance may be taken. 235-18.REMEDIES NOT EXCLUSIVE. The remedies listed in this law are not exclusive of any other remedies available under any applicable federal,state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. Ill. SEVERABILITY. The provisions of this law are hereby declared to be severable.If any provision,clause, sentence,or paragraph of this law or the application thereof to any person,establishment,or circumstances shall be held invalid,such invalidity shall not affect the other provisions or application of this law. IV. EFFECTIVE DATE This law shall be in full force and effect immediately upon its final adoption and filing with the Secretary of State.All prior laws and parts of law in conflict with this law are hereby repealed. ✓Vote Record-Resolution RES-2024-561 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski . Seconder 10 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ b'u'Y Appt Sup t H s A t Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-562 CATEGORY Enact Local Law DEPARTMENT. Town Clerk Enact LL Chapter 236 Stormwater Management WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York,on the 91"day of April, 2024,a Local Law entitled"A Local Law in relation to an Amendment to Chapter 236,Stormwater Management"and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard,now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 236,Stormwater Management"which reads as follows: LOCAL LAW NO. 2024 A Local Law entitled,"A Local Law in relation to an Amendment to Chapter 236,Stormwater Management" BE 1T ENACTED by the Town Board of the Town of Southold as follows: I PURPOSE To amend Chapter 236 11. AMENDMENT § 236-1 Title. This chapter shall be known as the"Stormwater Management;Erosion and Sediment Control; and 11fieit Bisehafges Law." § 236-2 Statutory authorization/and conflicts with other laws. A. Statutory authorization.This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to control flooding,erosion or sedimentation within the entire Town. B. Conflict with other laws.In their interpretation and application,the provisions of this chapter shall be minimum requirements adopted for the promotion of the public health, safety and welfare.Whenever the requirements of this chapter are at variance with the requirements ,2f related laws,the most restrictive or that imposing the highest standards shall govern. voittmes,flooding,stream ehanne4 erosion,or sediment transport and it is Itefeby detefmitte4 that! G. Gleafing and grading dtifittg eattstffietiatt tetids to itiefease soil efosiott and add to the less Ft. lffipen-iotts sttrfiaees allow less wa+ef+o pefeola+e itAo+he soil,thereby deefeftsfft9 gf0ttR4Wttte� Towtr; erosion, and Safety; § 236-43 Purpose. It is the purpose of this chapter to promote and protect,to the maximum extent practicable,the public health,safety and general welfare by i}establishing minimum stormwater management requirements and controls- genera4 permit fijr MS4.The objectives of this chapter are as follows: A. Minimizing soil erosion,sedimentation and stormwater runoff, B. Controlling,restricting or prohibiting activities which alter natural drainage systems, floodplains,stream channels and natural protective features,including,but not limited to, wetlands,bluffs,dunes,beaches,natural protective features,which contribute to the accommodation of floodwaters and retention of sediment; C. Controlling,restricting or prohibiting land use activities which increase nonpoint source pollution due to stormwater runoff and/or which result in discharge onto public lands, neighboring properties or natural protective features; D. Assuring that land and water uses in the Town are designed and/or conducted using best management practices to control flooding, stormwater runoff and minimize stormwater runoff from discharging onto public lands,neighboring properties or natural protective features; E. Promoting the recharge of stormwater into the freshwater aquifer to protect the drinking water supply and minimize saltwater intrusion. ; , wastes; , , yard waste,lawn ehemiettis, pet waste,wastewater,grease,oil, petrolettm , MS4. § 236-341)efinitions. 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). AGRICULTURAL PRODUCTION-The production for commercial purposes of crops,livestock and livestock products,but not land or portions thereof used for processing or retail merchandising of such crops,livestock or livestock products.Land used in agricultural production shall also include fences,equipment storage buildings,livestock barns,irrigation systems and any other structures used exclusively for agricultural purposes. AGRICULTURE-The production,keeping or maintenance,for sale,lease or personal use, of all plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products;poultry and poultry products; livestock,including beef cattle,sheep, swine,horses,ponies,mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals;bees and apiary products;fur animals;fruits of all kinds,including grapes,nuts and berries, vegetables;floral,ornamental and greenhouse products;or lands devoted to a soil conservation or forestry management program. AL4FR HVDR017I0GV FROM P*E TO POST—DENTFLOPMENT CONDIT-IONS The post develapmei-A peak f4o",fate(s)has ed by more thaii 5%of the pre developed eondition f6f+e design storm of interest ., ten yeaf and one htttidre4 year). the plans and speeifieations. BEST MANAGEMENT PRACTICES(BMPs)Schedule of activities,prohibitions of practices,general good housekeeping practices, pollution prevention and educational practices,maintenance procedures,and other management practices to prevent or reduce tie raw matefials stormwater runoff,retain valuable topsoil and minimize water pollution. BUILDING-A structure wholly or partially enclosed within exterior walls,or within exterior and party walls,and a roof,affording shelter to persons,animals or property. BUILDING INSPECTOR-The persons(s)appointed by the Town Board to enforce the provisions of Southold Code Chapter 280 and this chapter. CLEAN FILL-Naturally deposited earthen material from an approved upland borrow source. CEE A N 3A TTT ACT- The Cutting down,felling,thinning,logging or removing,killing,destroying,poisoning,ringbarking,uprooting,grubbing or burning vegetation,severing,topping or lopping branches,limbs,stems or trunks or substantially damaging or injuring in other ways that would cause or contribute to the death or affect the survivability and growth of vegetation.This definition also includes removal of dead and dying vegetation. COMMENCE(COMMENCEMENT OF)CONSTRUCTION ACTIVITIES The initial disturbance of soils associated with clearing,grading or excavation activities, or other construction-related activities that disturb or expose soils, such as demolition, stockpiling of fill material,and the initial installation of erosion and sediment control practices as required by the approved Stormwater Management Control an . CONSTRUCTION The siting,building,erection,extension,or material alteration of any structure,the use of which requires permanent or temporary location on the ground,as well as the installation of any hardened surfaces at or below grade. CONSTRUCTION ACTIVITY Activities involving land disturbance of 5,000 square feet or more,including disturbances of less than 5,000 square feet that are part of a larger common plan of development that will ultimately disturb 5,000 or more square feet of land,excluding routine maintenance activity that is performed to maintain the original line and grade,hydraulic capacity or original purpose of a facility.All construction activities include but are not limited to clearing and grubbing,grading,excavating and demolition. DEPARTMENT Tlie New)�6+State Department of Envirottmental Conservation. DESIGN MANUAL The New)�afk State Stofmwa+ef Management Design?4ftnual,most feeent vefsiati itteltt4itig appheatiett ttpda+es,tha sefves as the bement pfineiples,miethads and pfftetiees-. T DEVELOPER A person who undertakes land development activities. DEVELOPMENT Any man-made change to improved or unimproved real property,including but not limited to any construction activities,the construction of buildings or other structures,creating access to and circulation within the site,clearing of vegetation,grading,providing utilities and other services,parking facilities,drainage systems,methods of sewage disposal and other services,and creating land forms.Development also includes significant alteration of natural resources in preparation for development, such as the dredging or filling of wetlands,ponds or other natural drainage areas. DIRECT-DISCHARGE(TO A SPECIFIC S14RFACE 3AATER BODY) t4ows ftom a eonstruetion site to a separate storm sewer"'stem anti the first point 4 diseharge ftafft t1te sepafafe sterttl sewer System is DISCHARGE To emit,expel,pour,direct or otherwise cause the flow of liquid in a manner other than the natural course of that liquid which existed prior to the disturbance of the natural state of the land upon which it flowed, if any. DRAINAGE SYSTEMS Includes gutters,swales,pipes,conduits and superstructures(e.g.,dry wells,sumps,berms, etc.)for the collection and conduction of stormwater to an adequate facility for its storage and disposal. EROSION The wearing away of land as a result of the action of natural forces or man-related activities. EROSION CONTROL MANUAL The most recent version of the"New York Standards and Specifications for Erosion and Sediment Control"manual,commonly known as the'Blue Book." will�be employe(4 to eontrol erosion, setlimentation ttmtl stormwater mnoff-,wliieh slitt4l employ best managenietit pmetiees.Where tl EXCAVATION The removal,addition,or alteration of soil, sand,or vegetation by digging,dredging,drilling,cutting,scooping,or hollowing out. FILLING The deposition of natural or artificial material so as to modify the surface or subsurface conditions of upland or underwater land. FINAL STABILIZATION That all soil disturbance activities have ceased and a uniform,perennial vegetative cover with a density of 80%over the entire pervious surface has been established,or other equivalent stabilization measures, such as permanent landscape mulches,rock riprap or washed/crushed stone have been applied on all disturbed areas that are not covered by permanent structures,concrete or pavement. GRADING The excavation,filling or alteration of the surface or subsurface conditions of land,lakes,ponds,or watercourses. HAZARDOUS AIA-TER4ALS TT T C-1T-!`ONNECTTONS liftlited to! wash watef to ewef the MS4 and any eonneetion to the stomi dfain system 4�om indoor drains and sitiles,fegafelless of Whether said 4retift ILLICIT DISCHARGE Includes but is not limited to discharge of solid waste;human and animal waste; antifreeze,oil,gasoline,grease and all other automotive products;flammable or explosive materials;metals in excess of naturally occurring amounts,whether in liquid or solid form;chemicals not normally found in uncontaminated water; solvents and degreasers;painting products; drain cleaners;commercial and household cleaning materials;pesticides;herbicides;fertilizers;acids;alkalis;ink; steam-cleaning waste;laundry waste; soap; detergent ammonia; chlorine;chlorinated swimming pool or hot tub water; domestic or sanitary sewage;roof structure runoff-,animal carcasses; food and food waste;yard waste;dirt; sand;and gravel. IMPERVIOUS SURFACE Any surface exposed to stormwater from which water runs off and cannot pass through,including but not limited to structures,paving, paving blocks,bedding material,packed earth,treated surfaces,roof structures,patios,decking, stoops,porches,and accessory structures. !NDIVIDUAL SEWAGE TREATMENT SYSTEA A faeilify sen,ing one of mofe pafeels of 614 Of residential households,Of ft pt:ivate eammefeial of institutional 4iteility,thm treats sewage valittfaw levels assoeiated With ittelttstfial stofffiwater disehafges a speeifies on site politttion eontfo4 strategies. TN.FI TT A TION 4UR4SD1GT10NA]6 WETLAND LAND DEVELOPMENT ACTIVITY Construction activity including clearing,grading,excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than 5,000 square feet unless determined otherwise by the Department or the Town of Southold,or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale,even though multiple separate and distinct land development activities may take place at different times on different schedules. LANDOWNER The legal or beneficial owner of land,including those holding the right to purchase or lease the land,or any other person holding proprietary rights in the land. LARGER COMMON PLAN OF DEVELOPMENT OR SALE A contiguous area where multiple separate and distinct construction activities are occurring,or will occur,under one plan.The term 11plan"in"larger common plan of development or sale"is broadly defined as any announcement or piece of documentation(including a sign,public notice or hearing,marketing plan, advertisement,drawing,permit application, State Environmental Quality Review Act [SEQRA] application,zoning request,computer design,etc.)or physical demarcation(including boundary signs, lot stakes,surveyor markings,etc.)indicating that construction activities may occur on a specific plot. MAINTENANCE AGREEMENT MUNICIPAL PERMIT Any permit,grant,approval,license,certificate or other authorization issued by the Town of Southold,including but not limited to permits for building,grading,demolition,clearing and excavation and subdivision and site plan approvals. , ettiver+s,stmVs,dikes,dams,tftm made ehatmels,boat famps of stortn 4rairts and other N494 eett+rol systems): A. Owtted or operated by t1te Town of Sottthald,state,eottnfy or-village; r INt: bitte 7 d �,�Pnieli�iivi zreailioixiccrsc"w�.crz�i3v 2. NATURAL DRAINAGE The stormwater runoff patterns resulting from topographical and geological surface conditions,prior to clearing,regrading or construction. NATURAL PROTECTIVE FEATURE A nearshore area,beach,bluff,dune or wetland and the vegetation thereon. NATURAL WATERCOURSE The route formed by natural processes,topography and geology leading to a natural watershed. NATURAL WATERSHED An area of land which,in its natural state and prior to any man-made change,and due to its topography and geology,drains to a particular location within that area. NVATTI NT S044 CE-POI 1 TTTION , , Nl NST-/171MIAIATTT DISCHARGE ONE-HUNDRED-YEAR FLOODPLAIN The land area subject to the highest level of flooding that,on the average,is likely to occur once every 100 years(i.e.,that has a one- percent chance of occurring each year),as said level is shown on the Federal Emergency Management Agency Flood Insurance Rate Maps on file in the Southold Town Building Department. PERVIOUS SURFACE A pervious surface is one that has the ability to be readily penetrated by stormwater or other runoff.Pervious pavement mixtures contain little or no fine particles creating a substantial void content while still maintaining its structure integrity.Aggregate materials typically consist of No. 1 or No.2 rounded"rocklike" fragments using sufficient approved cementitious materials,paste or bonding agents to permanently fasten aggregate particles together to create a system of highly permeable,interconnected voids that freely drain. Typically, between 15%and 25%of interconnected voids are required for consideration as a pervious pavement. The flow rate of water through pervious surfaces is typically around five gallons per square foot per minute or higher. PHASING Clearing a parcel of land in distinct pieces or parts,with the stabilization of each piece completed before the clearing of the next. POLLUTANT Dredged spoil,filter baekevash, solid waste,itteitterataf residue,tfea+ed of ttttt-rea+ed sewage, gafbage, sewage sludge, , , agriettitttfal waste and 4!)allast diseharged into water,whieh tnay eattse or might reasona-bly be expeeted to eattse pollutioti ofthe water ate state it eon4favewiott of the,.a,....,1,.fds po] 7 UT A NT-OF CONCERN Seelinient of a water quality nieasurement tliat tteldfesses sedirAent(stte4i as total sttspen4ed soliels,tufbidity of siltation)and any other PREMISES Any building,lot,parcel of land,or portion of land,whether improved or unimproved,including adjacent sidewalks and parking strips. PROJECT Land development activity. QUALIFIED PROFESSIONAL —. -r,registered imt6seape areititeet or other Deparfment-endorsed individual(s). individuals pfeparing SIA'PPPs that require f1te post fflaitageffiefft pfffetiee desigrt,wa+ef quatttit-y eamfol design,attd,itt fflatty eases,the pritteiples of Itydr"lies in order to prepare art RESPONSIBLE PARTY Owners and occupants of premises,applicants for municipal permits,and any other person or entity contributing to an act regulated by this chapter. SEDIMENTATION The processes that operate at or near the surface of the ground to deposit soils,debris and other materials either on other ground surfaces or in water channels. SEDIMENT CONTROL Measures that prevent eroded sediment from leaving the site. SENSITIVE AREAS Cold-water fisheries,shellfish beds, swimming beaches,groundwater recharge areas,water supply reservoirs,habitats for threatened, endangered or special-concern species. SITE PREPARATION The activities of stripping,clearing,grubbing, excavating,filling,and grading to facilitate construction or other use of the land. STATE-POI�LUTANT DISCHARGE ELIMINATION SYSTEM(S-POES) GENERAI.:-PERAHT FOR CONSTRUCTION ACT4314T_iEs rn n to 00 programto the violation of an applieftble water quality staflelftfd.�4fide?t4iis e0ndition,the TOW"t"ttst take all n i to ensttre fu�tle STABILIZATION The use of practices that prevent exposed soil from eroding. waters the STOP-WORK ORDER An order issued which requires that all construction activity on a site be stopped. STORMWATER Rainwater,surface runoff,snowmelt and drainage. STORMWATER HOTSPOT A land use or activity that generates higher concentrations of pollutants of concern or toxicants than are found in typical stormwater runoff,based on monitoring studies. STORMWATER MANAGEMENT The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property,natural resources and the environment. STORMWATER MANAGEMENT CONTROL PLAN The plan required by the Town to comply with the provisions of this chapter.For the purposes of this chapter,a stormwater pollution prevention plan,when required by the Department's regulations,will qualify as a stormwater management control plan. rrea desig_m-d by STORAIWATER MANAGEMENT PRACTICES(SA!Ps) preventitig or redtteittg point s itA souree pollution inputs to stormweef futte4 aftd water bodies. STORMWATER RUNOFF That part of stormwater that flows over the land surface. ,SPDES GENERAL PERMIT FOR ST-ORIN13ALAT-ER DISCHARGES FROM MUNICIPAL SEPARATE STORA43AWTE mtttiieipft4 separate storni sewers for eomp4ittmee with�4nited States F-;nYirotimemttt4 ProteetionAgeney(FPA)esta4j4ishe4 wtaer qtttt4i�y STRIPPING The process of mechanically scraping away topsoil. STRUCTURE Any object constructed,erected,installed or placed on land or in water,including buildings, sheds,mobile homes,tanks,bulkheads,piers and docks and any additions or alterations thereto. SURFACE tA'A TERS OF THE STATE OF NEW VORK .7'G tmdergrotmd whiell are W11011y or partially within of bofelering the state or within its jttrisdietion. Stofffl sewefs and Waste 0 freeAfttettt systems,itteludittg treatmettt pottds or lagoons whielt also meet the eritefia of this defittitiott tffe not waters of the state. Thi�� eiteittsion tipplies ottly to ttimt made bodies 4"titer whieh neither were originally erea�ed itt"titers 4 the stafe(sttelt as a disposal afea iit wefletnds)nor restt4ted 4�om impottndment o�wetters of t4ie state.Waters 4the state are Atrther elefined in 6?ALGRR Parts 800 to 941. TEMPORARY STABILIZATION That exposed soil has been covered with material(s)as set forth in the technical standard,New York Standards and Specifications for Erosion and Sediment Control,to prevent the exposed soil from eroding. The materials can include,but are not limited to,mulch,seed and mulch,and erosion control mats(e.g.,jute twisted yarn,excelsior wood fiber mats). 303(d)LIST- A list of all sttffitee watefs i"the state t;br whie4 beflefieift!ttses of the wafer(drinking,feefeation,aquatie habifeA,ftftd ittelustrial ttse)are TOPSOIL The uppermost layer of soil,usually the top 15 to 20 centimeters,it having the highest concentration of organic matter and microorganisms,and where most of the Earth's biological soil activity occurs. years.TOTAL MAXIMUM DAIL-V LOAD (T-MDE) MfftiffitiM RMOUtA Of Et P0!11dtdttt 4tttt ft watef body eatt-reeei-ee ett a daily basis ttttd still meet watef quality standtff6s,aftd att alleeatiett of T-PtAiNED CONTRACTOR erosiott tmd seditnent eontrol pritteiples f�ottt tt soil attd water eonservation distriet of other Department endorsed entity.After reee' gie initial training,the trained eontraefor shtt!4 reeeive f6ttr liottrs 4training eyety three T,LA SSTs EW WATERCOURSE A permanent or intermittent stream or other body of water,either natural or man-made,which gathers or carries surface water. WATER Q UALITV STANDARD et seq. WAT § 236-65 AApplicability_and prohibitions. This chapter shall apply and a Stormwater Management Control Plan shall be a condition to all pfopef building_permits issued which include any of the restricted activities identified at§236-10 herein---=` it `'te Tov of See` el ;and shall govern: A. Applietlbilif�. {HA All grading,drainage and erosion control,whether or not a permit is reqttife4; {-2)B All new or replaced impervious surface and all land development activities,,-whether or { All discharges directly or indirectly to a highway or public right-of-way,public drainage control system, neighboring property,wetland or public waterway; and f4% All new and existing land uses within the Town. (8) -1::�d developftteR4 aetivities that ad-vefsely affeet ft pfopet+y that is listed or is eligible f6f hsfittg ott the State or Natiottal §236-6 Discharges All discharges within the Town are subject to this subtitle unless explicitly exempted.Conduct exempted from this subtitle include activities necessary for the conduct of agricultural uses in connection with a bona fide agricultural operation. "Designteehttieal doetiffietits shall be pfesttffied to meet the stftndafds imposed her „ , B. 3AIMer qttality standards.Atty land development ftetivity sliall not eattse or eatttribttfe to avialation of water qttalify 8tanda (i) There shall be no itterease itt tttrbidify thtit will restilt in stbstmttial visible eontrast to mittmil eonditions in sttrf�ee waters of the State oPiew stieh as: best usages; attd (2) There shall be tte ett4ed, eolloidttl of settleable solids 4tat will eadse depositiott or impaif the waters fit)r t1teir §236-7 Prohibited Discharges. The following discharges are prohibited: A. Discharges to public highways and rights-of-way. B. Discharges to tidal and freshwater wetlands,bluffs,dunes,beaches and other natural protective features as defined in Chapter 275 of this Town Code. C. Discharges from private properties to adjoining_properties,without express permission. D. Discharges to public drainage control systems and networks,without express permission. E. Discharges of illicit liquids to any of the areas listed above and any other area within the Town,except in accordance with facilities approved for the handling of such materials by the Town,County and/or State. The Town BottM shall elesignate Storntwater Management Offieers by resoitttiott.The Storntwafer Management Offieers shall ha-ve the A. To tteeept and review all stormwa�er pollution prevention platts and approve sttelt pititts prior to the approval 4 atty ffittnieip beams §236-8. Requirements for all Stormwater Discharges. For all stormwater discharges,responsible parties shall implement and maintain operational source controls to include but not be limited to: A. Installation of drainage control structures to contain and recharge all run-off generated by development. B. Maintaining_private roads,streets,driveways,-parking lots and walkways. C. Identifying and eliminating unauthorized connections to Town Drainage Control Systems and Public Right-of-Ways. D. Maintaining and protecting Natural Drainage patterns. E. Maintaining and protecting Natural Watersheds. . or theif f epresetttati-ve shall,at all times,pf opefly operate tttt4 maitttaitt all f�eilities and systems of trefft—--A*F,Hd-P-Oftfizol(atttl tviated site itispeetions md doettmettt t1te effeeti-eettess of all erosiott attd sedimettt eotttfol praetiees every sevett days.ittspeetiott feperfs shall 1 working eondition to meet design stanflttr4s and any othef provisions esta-bliAed-by this ehaptef.The easement slia!4 be feeorde4 by tke with A-rtiele M of this eltapter shall ensttre they tffe operated a"d mmintaitted to aeltieve the goals of this ehapter.Pt:oper operation att4 ime legal aetiatt agatttst attyr fesponsible peti4y,owttef,aeettpffnt,builder,arehileet,eontfaetof of their etgenfs,of aftyr other §236-9. Requirements for all Land Disturbing Activities or Impervious Surfaces. All land disturbing activities or addition or replacement of impervious surfaces shall provide temporary and permanent construction controls,and shall be required to contain a 2"rain fall on site,even where a Stormwater Management Control Plan is not required under this Chapter.All applicants for municipal permits shall demonstrate to the satisfaction of the Building Inspector that the per posed activities can meet this standard,either y the installation of gutters,l a r ,-rywells or other measures,-prior to the issuance of such a municipal permit. The fellowifig ftetivifies Shall be exeffiPf frafft feN,iew tindef this ehaptef ttttless the Depaftffien+of Town SMO has deteffflined that the Ar. Agfietilfufal pfodtietiott as defitted ift this ehaptef.llow&vef,this exeffiption(Ioes nat extend to the operatiett of a dude fwt B. Any Part of a Stbelit'ision foaft an(4(4faimage plan i�tt plat fi5r the sttbdi-eision has been appfoved by the Town of Sotttliol-d Eery poles. bby growitt-, situation,4. 4::�dseapittg attd Iteftietiltural aeti-eities itt eotttteetiett with aft existing Stmettife,With El distufbaftee of less tlt�5,090 Squafe ehapter shall be obtaitted. M. Rotttine mttontena. r4t on p4lie or pri-ente roads or tttility line rights of-way whefe interim an(4 pet:tnanent .b., open 4eelts,where t4ie femweal of topsoil allows 4;3v(ke reeliftrge of gfottn4waten §236-10. Activities Requiring a Stormwater Management Control Plan. A. None of the following activities shall be undertaken until a Stormwater Management Control Plan has been approved under the provisions of this local law. 1. Grading or stripping which affects more than five thousand(5,000)square feet of ground surface. 2. Excavation or filling involving more than two hundred(200)cubic yards of material within any parcel or any contiguous area. 3. Site paparation on slopes which exceed ten(U)feet of vertical rise to one hundred(100)feet of horizontal distance. 4. Site preparation within one hundred(100)feet of wetlands,beach,bluff or coastal erosion hazard area. 5. Site preparation within the one hundred(100)_year floodplain of any watercourse. 6. Installation of new or resurfaced impervious surfaces of 1,000 square feet or more,_ unless prior approval of a stormwater management control plan was received by the Town and the proposal includes in-kind replacement of impervious surfaces. B. The following activities shall be exempted from such review: 1. Minor clearing or excavation work not incident to a substantial change in the existing use of the land,which may be reasonably expected not to contribute to any additional on-site generated runoff or degradation of any lands or water beyond the boundaries of the property involved. 2. Emergency repairs on public or private objects,necessary for the preservation of life,_ health or property.,or taken to implement and accomplish the beneficial purpose of this local law as set forth herein under such circumstances where it would be impracticable to obtain approval prior to making such emergency repairs. Following such an emergency situation, however,any approvals required by this local law shall be obtained. 3. Routine maintenance or repair work on li r private roads or utility line rights-of-way where interim and permanent stormwater runoff control measures will be undertaken.To the maximum extent practicable,�Iegetation shall be used as a stabilizer and method of filtering and slowing stormwater flow from road surfaces. 4. Pervious structures,e.g.,open decks,where the removal of topsoil allows for the recharge of groundwater. Management236 11 Approved plans. b §236-11. Compliance.Where a Stormwater Management Control Plan is required by this Local Law,all development, construction,excavation and landscaping activities shall be conducted in accordance with an approved Stormwater Management Control Plan and all other requirements of this local law. ftpprwved Pla",fogetlter with all amendmetits tioted thereitt.TIte SMO shall detettftitte eompliaftee with this eltapter tis of 41e date 0 fftedifteettiott to the platt as the SME)deems apprepria�e itt eotttteetiott with its approval e�the proposed atnettdment. G. T-Iie arplietttit mttst keep the SWPPP ettrrent so that it at M4 times aeettrate4y doettments the erosion and sediment eontF04 pfaefiees theA afe beiftg used of will Joe ttsed dttfing eaftswdefiatt and all post eotts"etiatt sfafffiwatef tnEmagetftent pfftefiees tha+will be eaftstfueted on the site.At a tninitnttfit,the appliea-w she!!amend the 93A'PP-PL-. .—I.. ments of this ehapter or 4te getteral pettnit.The notifieettion shall be itt writing and idetttif�the provisietts of the SWPPP tha §236-12. Application Process. A. Any applicant for a municipal permit to conduct a development,construction or excavation activity within the Town of Southold shall complete a Stormwater Assessment Form to assist in determining compliance with this local law. Applicants that meet the threshold set forth above shall also submit a Stormwater Management Control Plan to the Building Inspector. B. No municipal permit that shall be issued for activities requiring a Stormwater Management Control Plan,nor shall any application therefor be deemed complete, until the Building Inspector has first issued its approval of the Stormwater Management Control Plan. C. Such plan may contain the following elements,which may be integrated into a site plan or subdivision plat submitted for approval pursuant to applicable Town law: 1. A vicinity map drawn to a scale of not less than two thousand(2,000) feet to one(1)inch showing the relationship of the site to its general surroundings. 2. A plan of the site drawn to a scale of not less than one hundred(100)feet to the inch showing the location and description of property boundaries,site acreage,existing natural and man-made features on and within five hundred .(500)feet of the site boundary,including roads,structures,water sources, drainage structures,utilities,topography including existing contours with intervals of not more than five(5)feet where the slope is ten percent or greater and not more than two(2)feet where the slope is less than ten percent,soil characteristics,location of wooded areas,the depth to seasonal high watertable and a copy of the Soil Conservation District soil survey where available. 3. Location and description of proposed changes to the site and existing development on the site,which includes: a) all excavation,filling,stripping and gra ing_praposed to be undertaken,identified as to the depth,volume,and nature of the materials involved; b) all areas requiring clearing,identified as to the nature of vegetation affected; c) all areas where topsoil is to be removed and stockpiled and where topsoil is to be ultimately-placed; d) all temporary and permanent vegetation to be placed on the site, identified as to planting type,size,and extent; e) all temporary and permanent stormwater runoff control measures including soil stabilization techniques and stormwater drainage and storage systems including-ponds,recharge and sediment basins (identified as to the type of facility.,the materials from which it is constructed,its dimensions,and its capacity in cubic feet).; f) the anticipated pattern of surface drainage during-periods of peak runoff, upon completion of site preparation and construction activities,identified as to rate and direction of flow at all major points within the drainage system; g) the location of all roads,driveways,sidewalks,structures,utilities, and other improvements; and h) the final contours of the site at intervals of no greater than two(2) feet. 4. A schedule of the sequence of installation of planned soil erosion, sedimentation and stormwater runoff control measures as related to the progress of the project including anticipated starting and completion dates. A i4iele TT 7"1TCYG'TC'C Requirements for All Stormwater Poseharge , . G. identifying and eliniinating untuttliarized eanneetions to Town drainage eantrol systemis and p4lie rights 4-way. ttatttral bdraittage Pattems. §236-13. Performance Standards for Approval of a Stormwater Management Control Plan. A. The site erosion,sedimentation and stormwater runoff control measures shall be appropriate for existing topography.,vegetation and other salient natural features of the site.The plan shall indicate that the development will preserve natural features, minimize grading and cut and fill operations,ensure conformity with natural t-QpQgraphhy.,and retain natural vegetation and trees to the maximum extent practicable in order to create the least erosion potential and handle adequately the volume and rate or velocity.,of surface water runoff. B. Site grading,excavation and filling shall minimize destruction of natural vegetation, the potential for erosion,sedimentation and stormwater runoff and the threat to the health,safety and welfare of neighboring_property owners and the general public. C. Erosion,sedimentation and stormwater runoff shall be controlled prior to, during, and after site preparation and construction. During.grading operations,_ appropriate measures for dust control shall be undertaken. D. Areas exposed by site preparation shall be protected during site construction with hay bales,temporary vegetation and/or mulching to meet the requirements of the approved Stormwater Management Control Plan in effect. E. Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage patterns are demonstrated to be adversely affecting-a beach or wetland,drainage patterns may be altered in a manner which reduces the threat to such beach or wetland and does not create other flooding or erosion problems. F. Site preparation,including stripping of vegetative cover and grading,shall be undertaken so that no individual building site is stripped of its vegetation cover more than thirty_(30)days prior to commencement of construction.Soils exposed or disturbed by site pLeparation shall remain so for the shortest practical period of time during site clearing,construction and restoration. G. Disturbed soils shall be stabilized and revegetated or seeded as soon as practicable. During the interim,erosion protection measures such as temporary.3Legetation, retention ponds,recharge basins,berming,silt traps and mulching shall be used to ensure that sedimentation is minimized and mitigated. H. In no case shall stormwater be diverted to another property either during site preparation or after development. In appropriate cases,with the approval of the Superintendent of Highways,drainage control measures may be implemented in the right of way attendant to an adjacent Town highway,at the applicanNs expense. I. During the construction period, disposal of stormwater runoff generated by_ development activity shall be handled on-site.Baling,mulching,debris basins,silt traps,use of fibrous cover materials or similar measures shall be used to contain soil erosion on the site. J. All projects,regardless of the area of groundwater removal and/or grading,shall retain a natural vegetative buffer zone along waterbodies,including wetlands and marshes,if one is imposed by the Board of Trustees. If necessary.,other forms of erosion control measures will also be included. K Natural land features such as shallow depressions shall be used,wherever possible, to collect stormwater on-site for recharge. L. Site designs shall minimize impermeable paving. M. Stormwater runoff shall not be directly discharged to surface waters,marshes and wetlands.Stormwater pollutants shall not be discharged directly into a -marshes and shall be attenuated by using holding_ponds,sedimentation basins perimeter berming,vegetated buffer areas and other measures that reduce flow velocity and increase storage time. Pollutants shall not be discharged into wetlands.In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in order to function prolarly N. All wetland vegetation shall be maintained.Dredging and site construction should not disturb wetlands either by direct removal of vegetation or substrate,or by the alteration of adjacent slopes that would undermine the stability of the substrate unless permission is obtained from the Board of Trustees.Grading equipment shall not be allowed to enter into or cross any watercourse or wetland. O. Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands. P. The elevation of a wetland shall not be altered. Q. No vegetation required by any agency as a buffer to a natural protective feature shall be disturbed by_grading,erosion,sedimentation,or direct removal of vegetation. R. Fill shall not encroach on natural watercourses,constructed channels,wetlands,or floodway areas.All fill shall be compacted at a final angle of repose which provides stability for the material,minimizes erosion and prevents settlement. S. Trails and walking-piths along waterbodies shall be sited and constructed so they are not a source of sediment subject to the approval of the Board of Trustees. T. The amount and velocity of runoff from a site after development shall approximate its predevelopment characteristics.However,if the site is adjacent to coastal waters, storm water shall be contained on-site,to the maximum extent practicable,to prevent direct discharge f runoff to coastal waters. U. Natural flood plains and major drainage swales shall not be altered or disturbed in a manner which decreases their ability to accommodate and channel stormwater runoff and flood waters.If no practicable alternative to the location of development, roadway.,driveways,and similar surfaces within these areas exists,such facilities shall be sited and constructed to minimize and mitigate the amount and velocity of stormwater entering the channel,floodplain or swale and to approximate the original functions of the undisturbed condition. V. No land having a slope equal to or greater than twenty(20)_percent shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits the functioning of the Swale,except accessways to shorelines approved by the Board of Trustees shall be permitted.Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of stormwater overflow. W. On lands having slopes of less than twenty(20)_pereent,but composed of highly erodible soils,development proposals shall include consideration of the load-bearing capacity of the soils. Unless it can be demonstrated that the soils can be stabilized with a minimum of on-site disturbance and no adverse impacts to the stability of neigh ring_"rr perties,the development proposal shall not be pprayW a submitted. X. All permanent(final)vegetation and mechanical erosion control measures called for in approved plans shall be installed within the time limits sptdfi y the Building Inspector,and no later than the expiration of the municipal permit issued therewith. ,4d! applieatits f;jf tntmieipal permits shall flemotistt:a+e to Oie stttisf�etion of the SN40 that tile pt:oposed aeti-eities eati tneet this standard-, None of the Following aetivities shall be ttndeftftken witil aii appfoval of the SN40 has beett issued undef the pfavisions of this ehapter. b,b b± ' §236-14. Appeals Appeals from the requirements herein may be considered by the Board of Zoning Appeals upon the showing of an undue hardship. B. Where a subdivision pla�or site plan ftppro-vM has beett obtaitted atid drainage hfts beett addressed to t4te satisfftetiott 4 the §236-15. Inspection,Restoration,Certificate of Occupancy and Fines. A. Inspection Inspection for soil erosion,sedimentation,and runoff control plan compliance shall be conducted by the Building Inspector to determine that the work has been completed in accordance with such plan.The plan may be modified by mutual agreement if,during or after installation,the Building Inspector deems that the installed measures are not adequate to meet the performance standards or if alternatives would better meet the Code requirements. if no agreement is reached, the Building Inspector may require the submission of a modified plan in order to maintain compliance with this local law. B. Restoration. Any clearing,excavation or development of land in violation of this local law shall be corrected forthwith after written notice by the Building Inspector.In the event that corrective action is not taken as directed within a reasonable time,the Town may.,at its own expense,take corrective action to restore the property or initiate Legal action to prevent unlawful or unauthorized activity.The cost of restoration shall become a lien upon the property upon which such unlawful activity occurred. C Certificate of Occupancy. No certificate of occupancy shall be issued by the Building Inspector until all work required to be completed pursuant to the plan has been satisfactorily one. D Fines. Any responsible party undertaking clearing,excavation or development of land in violation of this local law,or falsifying information in connection with the requirements of this Local Law,upon conviction,shall be guilty of a misdemeanor, punishable by a fine of not less than five hundred dollars(S50 )and not more than two thousand dollars($2,000).Such person shall be deemed guilty of a separate offense for each day during which a violation of this local law is committed or continues. E. Enforcement. The Director of Code Enforcement and/or the Building Inspector are responsible for enforcement of the provisions of this Chaptr,and have the authority to issue violations of this Chapter. The Town Attorney shall be responsible for prosecution of any such violations. In addition to the above-provided fines,the Town Board may authorize an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this Chapter. -- - 1 - - - - - - -- - - - - -- - 1 - - - - -PROM - - -- - -- - - - - III JJ� • -- - - - -- - - - - - - -- - - - �00 - - - -- - it - - - - - -- - -- -- - - -- - - - - - - - -- - -- -- - - - - - - - - - - -- jll-- - - - - - -- - -MIN - --- -- -- - - - - --- --- - - - - - - --- ■ JIM 010111IIIIII: AI Will 111M., ALI Iiij- - - - - -- - -- - - - - - ---- - - -- - 110. --------------- MIN . . ot 1.,0.0 1 1 1 I .--_-- INNER • _ _ ._ _ . _ _ 1 .. _ .. .. 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IF M--M MIN 11-------IN 1111mil .IF IF IRWIN- - - - - - - --- - -- - - - - IN IF IF I mmal IN ill I I ... .. 111M Will and it estate or laeal law, III SEVERABILITY. If any clause,sentence,paragraph,section or part of this Local Law shall be adjudicated by any court of competent jurisdiction to be invalid,the judgment shall not impair or invalidate the remainder of this Local Law. IV EFFECTIVE DATE AND DURATION. This local law shall take effect immediately upon filing with the Secretary of State. ✓Vote Record-Resolution RES-2024-562 11 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Seconder 0 ❑ ❑ ❑ ❑ Withdrawn r Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Attne H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Kmpski h Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-563 CATEGORY Local Law Public Hearing DEP,4RTMENT.• Town Clerk ENACT LL Change of Zone,F I USCG WHEREAS the Town Board of the Town of Southold has considered the change of zone of the property identified as SCTM#1000-12- 1-4.3,the United States Coast Guard Station,Fishers Island,consisting of.781-acre waterfront parcel from General Business(B)to Marine I(MI)on its own motion; and WHEREAS that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold held a public hearing on a proposed Local Law entitled"A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of property identified on the Suffolk County Tax Map as Lot#1000-12-1-4.3 from B to MI"at which time all persons were given the opportunity to be heard,and The Town Board of the Town of Southold declared itself lead agency for the purposes of SEQRA review for the subject change of zone; and The Town Board of the Town of Southold has received the Southold Town Planning Board and/or Planning Staff's and the Suffolk County Planning Commission's reports and recommendations on the proposed rezoning,including a SEQRA and LWRP reports and recommendations;now therefor be it RESOLVED,that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled"Local Law entitled"A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a.781 acre parcel known as SCTM#1000-12:1-4.3,from General Business(B)to Marine I(MI)",which reads as follows: LOCAL LAW of 2024 Section 1. Purpose. The purpose of this Local Law is to amend the Zoning Map to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a.781 parcel known as SCTM 41000-12.-1-4.3,from General Business(B)to Marine I(MI) Section 2. Code Amendment. It appropriate to rezone the property. Changing the Zoning Designation of a.781 acre parcel known as SCTM 91000-12-1-4.3,from General Business(B)to Marine I(MI) Section 3. 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. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2024-563 P1 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Secondert 0 ❑ ❑ ❑ ❑ Withdrawn r Brian O.Mealy Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Arnie H.Smith Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt r Albert J Krupski Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Louisa P.Evens Mover 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-564 CATEGORY. Enact Local Law DEPARTMENT Town Clerk ENACT LL Moratorium on Resort,Hotels and Motels WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York,on the 23rd day of April, 2024,a Local Law entitled,"A Local Law to Impose an Interim or Temporary Suspension on the Review,Approval and/or Issuance of all Permits for or Relating to New Development of Resorts,Hotels or Motels",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 to Impose an Interim or Temporary Suspension on the Review,Approval and/or Issuance of all Permits for or Relating to New Development of Resorts,Hotels or Motels"reads as follows: LOCAL LAW NO. 2024 A Local Law entitled,"A Local Law to Impose an Interim or Temporary Suspension on the Review,Approval and/or Issuance of all Permits for or Relating to New Development of Resorts,Hotels or Motels". BE IT ENACTED by the Town Board of the Town of Southold,as follows: SECTION 1. TITLE. This local law shall be known as and may be cited as the"Interim Development Law for New Construction of Resorts,Hotels or Motels in the Town of Southold." SECTION 2. AUTHORITY. This local law is enacted pursuant to the Town of Southold's authority to enact local laws under the New York State Constitution, Article IX,and the Laws of the State of New York,including but not limited to Section 10 of the Statue of Local Governments,granting towns the power to adopt,amend and repeal zoning regulations in the exercise of its functions,powers and duties. SECTION 3.PURPOSE AND INTENT. PURPOSE:Moratorium This local law is hereby enacted to preserve the status quo in the Town of Southold on a temporary basis while the Town conducts studies to review and consider amendments to those parts of the Town of Southold's zoning legislation and comprehensive plan pertaining to hotels,motels and resorts. Southold Town is in the midst of a complete zoning update being performed under the charge of the Planning Department by ZoneCo,an independent zoning consultant. This action will include a thorough review of the zoning classifications most appropriate for such use; a review of the environmental constraints to such development; a cumulative analysis of the recent and significant hotel developments throughout the town;an evaluation of necessary conditions and restrictions for such use;an analysis of the potential hotel/motel/resort build-out under the code and its conformity with the underlying Southold Town Comprehensive Plan and an analysis of the permissible density of hotel/motel/resort rooms per acre,hamlet and area. For this purpose, the Town of Southold will gather information,make recommendations,and further review the Town's plan for new resorts,hotels or motels in the Town.This zoning update is intended to lead to a deliberative creation and adoption of necessary amendments to the Town's zoning legislation,comprehensive plan,and other applicable Town laws. INTENT. The Town Board finds and determines that the Town is under considerable pressure for the development of new resorts,hotels and motels.The Town is an attractive location for new resorts,hotels and motels,because of the variety of community attractions located within and close to the Town. Over the past several years the Town has had five new hotels proposed. One is currently under construction,one is at the beginning of the site plan process,and three are in the concept phase. There are two expansions at the beginning of the site plan process-one for an increase in the number of rooms,and one for an addition of a restaurant. The Town Board further finds and determines that unless reasonable interim measures are implemented,significant new resort, hotel and/or motel development is likely to occur,and that development may undermine the implementation of appropriate planning measures needed to protect the public interest and welfare and goals of the Town.It is the intent of the Town Board to protect public health,safety and general welfare by enacting this local law for a reasonable period. The Town is undertaking a comprehensive study to develop solutions and to implement necessary amendments to the land use and zoning regulations to accomplish such goals. It is the further intention of the Town Board to protect the public interest by preventing a race of diligence between property owners,developers and the Town which could prejudice the integrity and objectives of the proposed changes or result in a land use pattern that might be inconsistent with the intent of the recommendations of the Town resulting from such study.The Town's existing procedures and laws should have the practical effect of ensuring that new development and redevelopment are in accordance with the Town's planning objectives.The practical reality,however,is that some of the land use regulations and procedures may not have this effect.The Town Board finds it necessary to impose a moratorium on accepting,processing and granting approvals or permits for new development of resorts,hotels and motels,as hereafter provided.An integrated strategy that takes into account the Town's available resources and its environmental constraints is needed. This moratorium will enable the Town to focus on crafting and implementing a strategy that achieves its planning objectives. The Town's comprehensive zoning update project is well underway.The timeline for this project has been reaffirmed as being completed by March 29,2025.The review of resorts,hotels and motels will be included in this project.This is the rationale for the 12- month moratorium. SECTION 4. SCOPE OF THE REGULATIONS. During the effective period of this law,neither the Planning Board,Zoning Board of Appeals,Town Board,Town Building Department,Board of Trustees or any member,employee,agent or independent contractor of any of the foregoing Town bodies,shall accept for filing,accept for review,continue review,hold a hearing,make any decision upon,or otherwise consider,any application for, or relating to,the new development or redevelopment of any property,parcel of land,building,or anything else,for the new construction of a resort,hotel or motel,as defined in the Town Code,including but not limited to documents relating to: 1. concept,preliminary or final approval of a subdivision plat, 2. site plan approvals, 3. special use permits, 4. conditional use permits, 5. use or area variances, 6. changes in zoning districts, 7.permanent or temporary certificates of occupancy,or 8. special exception relief regardless of the fact that an application has been submitted prior to the effective date of this local law.The statutory and locally enacted time periods for processing and making decisions on all aspects of the foregoing are suspended and stayed while this local law is in effect. SECTION 5.EXCLUSIONS. Any application by a municipal corporation or special district or fire district. Existing,permitted hotels,motels and resorts requesting relief and/or permits for additions,modifications or alterations,or relief for accessory structures and/or uses. New development resorts,motels or hotels that have received final site plan approval as of the date of the adoption of this Local Law. SECTION 6.VARIANCE FROM THIS MORATORIUM. Any person or entity suffering unnecessary hardship as that term is used and construed in Town Law section 267-b(2)(b),by reason of the enactment and continuance of this moratorium may apply to the Town Board for a variance excepting the proposed development and/use from the temporary moratorium and allowing issuance of a permit all in accordance with the provisions of the Southold Town Code. SECTION 7. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE. To the extent that any provisions of this local law are in conflict with or are construed as inconsistent with provisions of New York State Town Law,this local law, supersedes,amends and takes precedence over New York State Town Law pursuant to the Town's municipal home rule powers,pursuant to Municipal Home Rule Law § 10 and §22,to supersede any inconsistent authority. SECTION 8. SEVERABILITY. If any clause,sentence,paragraph,section or part of this Local Law shall be adjudicated by any court of competent jurisdiction to be invalid,the judgment shall not impair or invalidate the remainder of this Local Law. SECTION 9.EFFECTIVE DATE AND DURATION. This local law shall take effect immediately upon filing with the Secretary of State.Until twelve(12)months from the effective date of this Local law,after which this Local law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the twelve(12)month period. ✓Vote Record-Resolution RES-2024-564 0 Adopted ❑ Adopted asAmended ❑ Defeated ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,, Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski Mover 0 ❑ ❑ ❑ ❑ Withdrawn Brian O.Mealy Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Anne H.Smith Voter [a ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski.Jr Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost VI.Public Hearings 1. PH 6/18 4:30 Pm-Chapter 234-SPDES RESULT: CLOSED [UNANIMOUS] MOVER: Greg Doroski,Councilman SECONDER: Louisa P.Evans,Justice AYES: Doroski,Mealy, Smith,Krupski Jr,Doherty,Evans 2. PH 6/18 4:30 Pm-LL Chapter 235 Storm Sewer Systems RESULT: CLOSED [UNANIMOUS] MOVER: Jill Doherty,Councilwoman SECONDER: Brian O.Mealy,Councilman AYES: Doroski,Mealy, Smith,Krupski Jr,Doherty,Evans 3. PH 6/18 4:30 Pm-LL Chapter 236 Stormwater Management RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P.Evans,Justice SECONDER: Jill Doherty,Councilwoman AYES: Doroski,Mealy, Smith,Krupski Jr,Doherty,Evans 4. PH 6/18 4:30 Pm- Change of Zone,F I USCG RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P.Evans,Justice SECONDER: Jill Doherty,Councilwoman AYES: Doroski,Mealy, Smith,Krupski Jr,Doherty,Evans 5. PH 6/18 4:30 Pm LL Moratorium on Resort,Hotels and Motels RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P.Evans,Justice SECONDER: Brian O.Mealy,Councilman AYES: Doroski,Mealy, Smith,Krupski Jr,Doherty,Evans Powered by Granicus