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Wetlands & Shoreline 2003
SOUTHOLD TOVv2XJ BOARD PUBLIC HEARING December 2, 2003 8:10 P_M. HEARING ON "A LOCAL LAW ON IN RELATION TO AIvlENDMENTS TO CHAPTER 97 'WETLANDS AND SHORELINE' OF THE CODE OF THE TOWN OF SOUTHOLD"_ Present: Supervisor Joshua Y. Horton Justice Lomsa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelh Councihnan Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the To~vn of Southold, Suffolk County, New York, on the 18th day of November 2003 a Local Law entitled "A Local Law in relation to Amendments to Chal~ter 97 'Wetlands and Shoreline' of the Code of the Town of Southold" now, therefore, be it NOTICE IS ItEREBY FURTHER GI~;EN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 2nd day or'December 2003 at 8:10 l~.m. at which tLme all interested persons will be given an opporturfity to be heard_ The proposed local law entitled, "A Local Law in relation to Amendments to Chal~ter 97 'Wetlands and Shoreline' of the Code of the Town of Southold" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in relation to Amendments to Chapter 97 'Wetlands and Shoreline' of the Code of the Togm of Southold" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The Town of Southold possesses a rich heritage of scenic, historic and natural resources which are vital to the town's sense of place and to its economic success as a community. The upland acreage of Southold Town, inclnding F..ishers Island, is approximately 34,369 thousand acres with approximately 163 linear miles of shoreline. This acreage ts bom~ded to the north by the nationally recognized estuary of Long Island Sound and to the south by the nationally recognized Peconic Bay EsrumT. Trustee jurisdiction under the 'Andros Patent encompasses more than 2,000 acres of underwater lands, not including Sound and ba3~ont owned by the State of New York. The local economy is based on two traditional industries and a third, newer, but strong industry: farming, recreational and commercial fishing and tourislw'second homes. The economy is based squarely on a unique, extraordinarily beautiful and productive environment that is both fi:agile and December 2, 2003 Public Hearing-Chapter 97 sensitive. Protection of that environment therefore is of utmost trnportance to the Towns financial health and long-term future_ The comprehensive planning objectives of the Town of Southold are: 1) the preservation of Natural Resources; 2) preservation of Open Space and Recreational Space; 3) preservation of the Rural, Cultural, Commercial and ITxstorical Character of the Hamlets and Surrounding Areas; and 4) the preservation of farmland and agriculture. In August 2002 the Town of Southold adopted a moratorium on the review and granting of major and rnim)r subdivisions and approvals for multidwelling development. The purpose section of that moratorium stated in part that "The Town Board finds that increased growth and development with'm the Town of Southold are placing severe pressure on water supply, agricultural lands, open and recreational space, the rural character of the commuulty and natural resources located within the Town." One of the primary tools implemented by the Town to protect its natural resources is Chapter 97 (entitled "Wetlands") of the Southold Town Code. The existing laws and procedures set forth in Chapter 97 should have the practical effect of ensuring that new development and redevelopment are in accordance with the Town's comprehensive planning objectives. Unfortunately the practical reality is that the laws set forth in Chapter 97 did not have the effect of protecting wetlands and wetland boundaries. Two critical studies and analysis which include the Town's wetlands, wetland boundmfes and natural resources are 1) the Town's Local Waterfront Re'~Stalization Program (LWRP) and 2) the Peconic Estuary Comprehensive Management Plan. After years of study, fact gathering and writing, the LWRP for the Town nf Southold and the Comprehensive Peconic Estuary Management Plan have been adopted. The LWRP is a comprehensive plan for the entire Town_ As waterfi.ont land has, in certain instances, been inappropriately developed, Town waters and habitats have been negatively impacted. One example of this is the closure of shell fishing areas such as Mattituck Creek and Jan~es Creek due to an increase of coliform bacteria from septic systems and stormwater runoff, to name just two sources. The Board of Trustees and the To~m have used the moratorium time dunng the year 2003 to evaluate the current status of the wetlands areas and regulations in order to minimize damage fi.om erosion, turbidity or siltation, saltwater intrusion, loss of fish, shellfish or other beneficial marine organisms, lost of aquatic wildlife and vegetation and the destruction of the natural habitat thereof, to minimize the danger of flood and storm-tide damage and pollution, and to otherwise protect the quality of wetlands, tidal water, marshes, shorelines, beaches, dunes, bluffs and natural drainage systems for their consetw'ation, ecological, hydrological, economic, aesthetic, recreational and other public uses and values, and further to protect the potable fi.esh water supplies of the Town from the dangers of drought, overdraft, pollution fi'om saltwater intrusion or inappropriate land uses and misuse or mismanagement. The Town and the Board of Trustees have considered and implemented the L~rRp and the best land use tectutiques for protecting its waterfront resources. This moratorium addressed the fact that new growth hx the rolm of new structm'es on existing waterfront lots and underwater lands poses a similar potential to impair the Town's unique envh'onment, geology and hydrology. Many of the Town's existing waterfi.ont lots, whether they be vacant or developed, residentially or corranercially zoned, do not conform to current zoning in that they are smaller than the minimum required acreage. Therefore, the development and redevelopment of these lots is of utmost concern because these activities have the potential to cause further harm to the coastal envtrolanent. This moratorimn has enabled the Town and the Trustees to focus on crafting and implementing a strategy and a working code to ensure that the compreheusive planning objectives December 2, 2003 ...... 3 ,-~ Public Hearing-Chapter 97 of the Town are met. This is necessary in order to protect the character, natural resources and environment of the Town of Southold and the public healtl~ safety and welfare of Town residents_ .II. Chapter 45 of the Code of the Town of Southold is hereby amended as follows: Chapter 97, WETLANDS AND SHORELINE GENERAL REFERENCES Boats, docks and wharves - See Ch. 32. Environmental qua[iD' re,Sew -- See Ch. 44. Flood drainage prevention -- See Ch. 46. Shellfish -- See Ch_ 77_ Soil removal - See Ch_ 81. Zoning -- See Ch. 100. Subdivision of land - See Ch. Al06_ ARTICLE I, General Provisions § 97-10. Title. This chapter shall be known and may be cited as the "Wedands Ordinance Law of the Town of Southold." xq97 13 97-11. Definitions. For the purpose of this chapter, the following terms, phrases, words and theh: derivations shall have the mean/rig given herein. When not mconsistent with the context, words ~n the present tense include the future; words used in the plural number include the singular number; and words used h~ the singular number include the plural number_ The word "shall" is always mandatory and not directory. ACCESSORY STRUCTURE A buildme or structure detached from a principal buildine located on the same lot,as and customarily ~ncidentai and subordinate to the prhmipal build[ne. AESTHETICS - The natural intrinsic appearance of a site or obiect in the context of surroundine land use, views, viewshads and vistas/mporttmt to the community_ ADMINISTRATIVE PERMIT -- A permit intended to provide an expedited rexfiew for proiects that are deemed consistent with the boards policy reeardine protection of wetland resources. AGRICULTURE -- The production, keepine or maintenance, for sale, lease or personal use, of all plants and an/reals nsefal to nun, includin~ but not limited to tbraees and sod crops: erains and seed crops; dairy animals and:dairy products; l~oultrv and poultry products: livestock, includin~ beef cattle, sheep, swine, horses, pon/es, mtibes or coats or any mutation of hybrids thereof, includ/ng the breedine and erazine of any or all of s~ch ~nimals: bees and apianv products; fur animals: fruits of all kinds, includine ~apes. nuts and berries, vegetables; fioral~ ornamental and ereenhouse products: or lands devoted to a soil consetw~ation or forestry mmmeeraent prom-am. APPLICANT - The para, al~plxSne for ~ermits or other aCpro'val pursuant to Chapter 97. APPLICATION -- The completed form or forms and all accompanvine documents, exb/bits, and fees reouixed o£an applicant pursuant to Chal)ter 97. AOUACULTURE -- The raisin~ or cultivation of nursery spawn shellfish in artificial containment systems in, mx or offbottom. ASzBUI~T PLANS -- Plans pr~ared to scale by a licensed surveyor detailin,o any and all operations conducted accordine to a valid permit." BAh' Cutchomae Harbor, Gidds Bay, Great Pecon/c Bay. Hallocks Bay. Hoe Neck Bay. Little Pecox~c Bay, Lone Beach Bay. Orient Harbor and Southold Bay. BEACH-- The zone of unconsolidated earth that extends landward from the mean low water line to the seaward to? of a dune or bluff, or wkichever is most seaward. Where r~) dune or bluff exists landward of a beach the lafidward l/mit ora beach is 100 feet landward from the place where there is a marked chance in material or phvsio~al~hie form from the line of pexxnanent veeetation, wkichex, er is most seaward. Shore]ands subject to s~asonal or fre0uent overwash or inundation are considered to be beaches. BLUFF --Any bank or cliff with a precipnous or steeply slol~ed face adioinin~o a beach or a body of water. The w~tenvard lim/t of a bluff is the landward lim/t of its waterward natural protective feature. Where no beach is l~resent, the waterward limit ofa bluffis mean low water. The landward limit is twenty-five (25) feet landward December 2, 2003 4 Public Hearing-Chapter 97 of the receding edge or, in those cases where there is no discernible line of active erosion, twenty-five (25) feet landward of the point of inflection on the top of the bluff. The "point of inflection" is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline. BOARD -- Unless otherwise indicated, the Board of Trustees of the Town of Southold. BUFFER AREA - A defined area landward ora jurisdictional (e.g. wetland, coastal erosion hazard, bluff} boundary measured as a linear distance, perpendicular to said boundary. BULKHEAD -- A structure or barrier the intended use for which is to separate and act as a hamer between earthen material and water. CLEARING -- Cutting down, felling, thinning, logging or removing, killing, destroying, poisoning, ringbarking, uprooting 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 ~rowth of vegetation. CLERK -- Unless otherwise indicated, the Clerk of the Board of Trustees. COMMERCIAL AGRICULTURE - A~riculture (See above) intended to earn an income. CONSERVATION - Protection in natural or existing condition. CREEKS - Broadwaters Cove, Brushes Creek, Budd's Pond, Cedar Beach Creek, Corey Creek, Dam Pond, Deep Hole Creek, Down's Creek, East Creek, East Harbor, Goose Creek, Goldsmiths Inlet, Gull Pond, Halls Creek, Hashamomuck Creek, Haywaters Cove, James Creek, Jockey Creek, Little Creek, Long Beach Bay, Mattituck Inlet, Mud Creek, Pipes Neck Creek, Richmond Creek, Town Creek, West Creek, West Harbor, West Lake, Wickham Creek and Wunnewata Pond. CRITICAL ENVIRONMENTAL AREAS ~Cutcho~ue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corer Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. DECK - A structure and/or platform without a roof that is either freestand;~ng or attached to a building supported by pillars and/or posts constructed of various materials. DECKING - Horizontal structural components of a dock, deck, pier or other shoreline structure intended to be walked upon. DOCK - Any permanent or seasonal structure, except a building, located or proposed to be located on lands abutting or comprised of freshwater or tidal wetlands or connected to a bulkhead or the upland and extending over the water's surface, designed to secure vessels and provide access from the shore to a body of water. For the purpose of this chapter, this term shall also include the associated structures necessary to cross wetlands and adjacent natural areas. The term "dock" includes the terms "wharves," "piers," "fixed docks," "floating docks," "floats" or "catwalks". DUNE -- A ridge or hill of loose, windblown or artificially placed earth, the principal component of which is sand. FUNCTIONAL BULKHEAD - A bulkhead that is at least 75 % physically intact and serving the purposes it was designed for. FUNCTIONAL JETTY/GROIN -- A jetty or groin that is at least 75 % physically intact and serving the purposes it was designed for. GROIN - A manmade barrier perpendicular to the shoreline used to change the natural littoral drift, prevent erosion, maintain inlet entrances, or protect an area from wave energy. See Jetty HARVESTING The gathering or collecting of natural resources and organisms. HORTICULTURE The raising of plants (See Agriculture). IMMEDIATE PROJECT AREA -- The minimum area required to allow access to the site by the machinery conducting the operation. JETTY - A manmade barrier perpendicular to the shoreline used to chan~e the natural littoral drift, prevent erosion, maintain inlet entrances, or protect an area from wave energy. See Groin. IMPERVIOUS SURFACE - Any hard surfaced, manmade area that does not retain or absorb water including but not limited to building roofs, paved parking lots and driveways, sidewalks and other paved areas. December 2, 2003 -~ 5 '-..~ Public Hearing-Chapter 97 LANDWARD -- In the opposite direction Rom the water or wetland. LOW-PROFILE JETTIES -- The definition of a low profile jetty is site sl~ecific, but typically is a structure no hie, her thaxt 18-24" above existme soil or sediment erade. I_OW-SI~L BUI_KHEAD - A subtidal structure desi~med to stabilize the toe of a slope or shore and often associated with boat basins or other nax4~ahie waterways. MANIvlADE POND - An constructed inland body of water inchidine, but not limited to lined and u.n-lined irrieation ponds and ornamental ponds. MAINTEN)dXlCE DILED GING A dredeing proi ect will be considered mahitenance dred~oSne if there is docu. mentarv evidence that it has been previonslv dredeed. IvL~TERIAL -- Soil, sand, stone, gravel, clay, bog, peat, mud or any other material, organ/c or inorgardc. MEAN HIGH WATER (MHW3 - The averaee of all the water heights observed over a 19 year period. MEAN LOW WATER (MLW) - The averaee of all the low heiehts observed over a 19 year period. MOORING - Anchorino, for ~xeater than 24 hours. NON TURF BUIq~'ER ~ Any l~ervious, material allowine for percolation of surface runoff into the soil, Examl~les include: wood chips, mulch m:avel, and sand. Plantings in this area may include American beach re:ass, Salt hay grass, or native warm season masses such as Little bluestem or Switchmass. Other native species recommended include: Seaside ~oldenrock Vireinia creeper, Beach plum. Black cherry, Nor~hem bayberry and Pitch Pine. Fertilizers may not be used within the non turf buffer area_ OPERATIONS'. A. The removal of material from wetlands. B. The deposit of material on wetlands. C. The erectiorh construction, alteration or enlargement of any buildLng, dock, pier, wharf, bulkhead, jetty, groin or other sla'ucture, temporary or permanent, on wetlands. D. Removiae or otherw-ise affectine the erowth of plants. ORDINARY A~qD USUAL MAINTENANCE - Actions which are re0uixed to preserve in a condition or state of eclui~-alertt quality to that which was approved or required by permit. ORIGIN~L STRUCTURE - The earliest kuowm permitted or otherwise documented structure. PATENT LANDS - All uplands and undemvater lands ownad in fee title by the Trustees by virtue of the Andros Patent (October 31, 1676). PEAK LUNAR TIDES -- Those excessively kigh tides or spring tides caused by lunar gravitational phenomena. PERSON -- Any person, f~m, parmership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations or governmental agencies or subdJ_visions thereof. PIER- A fixed structure to secure vessels, unload/ne or loadine persons or pro-~>ertv or providin~o access to the water. See Wharf PIER LINE -- The avera~,e seaward proiection of one or more existing permitted docks, piers, wharves or floats. The averaee seaward proiection is calculated by addin,* the length of all docks with~x the immediate area and dividine by the number of said docks. PLATFORM -- See Deck POND -- An inland body of water~. PROACTIVE KE{iTORATION -- Restoration not associated with compensatory mitigation or the re~,ulatorv requirements. RESIDENTIAL,- Associated with a sinele or multiple family home apartment or condom/n/em, excluding marinas and public property_ RESIDENTIAL HORTICULTURE - The raisine of plants for ornan~ental l~urposes on residential lots~. REsoURcE BUTFER .MLEA A buffer area with specific quantifiable natural resource value. RETAINING WALI~ -- A bulkhead landward of the wetland boundat-~. REVETMENT -- A shoreline harden/ne structure landward of the wetland boundary typically constructed of rock or .stone. ILIPRAP A layer, t-acin~ or protective mound of rubble or stones randomly placed to prevent erosion, scour, o~r slou~hine of a structure or embankment; also the stone used for this purpose. December 2, _003 ~.-- 6 ~" Public Hearing-Chapter 97 SETBACK -- The nfiimnurn distance by which by any building, structure or operations must be separated from a iurisdictional line. SHEATHING - Vertical structural components ora bulkhead or retaining wall necessary to keep soil and sediment fi-oru l~assine through the structure. SI-IORELINE~ STRUCTURE -- Any object constructed of manmade or natural materials on the shoreline SILT BOOM - A sU'ueture deployed within the water column that is desimaed to prevent ~assage of susl~ended sediments and contaminants from spreading from the immediate project area to surroundine waters. Properly installed, silt booms completely surrounds the proiect area. SOUND - Lone Island Sound, Fishers Island Sound and Block Island Sound SPAWNER SACTUARY - An area of bottom desimaated by the Trustees for the purpose ofprotectine and enhancing shellfish populations for a specific l~eriod of time. SPLIT-RAIL FENCE - A lknear fence structure composed of r~osts and rails. STRUCTURAL COMPONENTS -- pilirms, deadmem ruils, whalers and other sismificant components used to hold together and anchor docks, piers, wharves, jetties, m'oins and other structures STRUCTURE -- Any obiect constructed, installed or placed in, on or under land or water, incindine but not limited to a hrfilding; permanent shed; deck in-mound and above,round 1>oo1: gara,*e: mobile home: road; public service dislribution, transmission or collection system; tank, dock; Dior; wharf; ~oin; iettv; seawall; bulkhead: breakwater: revetment: artificial beach nourishment; or any addition to or alteration of the same SUBTIDAL -- Existing at or below mean low water. TIDAL WA.'I~R8 -- All waters bordenng on or within the boundaries of the Town of Southold subject to fluctuation in depth from peak lunar, storm or normal tidal action, and includ'mg but not limited to ali brackish and salt waters of streams, ponds, creeks, estuaries, sounds, bays and inlets. TOWN - The Town of Southold. TKOPICAL tL~H)WOOD - Any ora nun~ber of sl~ecies of hardwood harvested fi-om re~ons at or south of the ecIt/ator. TRUSTEES -- The Board of Trustees of the Town of Southold_ VEGETAT[!D WETLANDS - Any and all wetland trees supporting or capable of sm~porting emergent. subme~ed or floating-leaved vegetation as described in Chapter t 97-11. "Wetlands." WETLANII BOUNDARY OR BOUNDARIES OF WETLAND Wetland ecosystems ~enerally posses three essential characteristics: (l/hvdrol~hvtic vegetation, (2) hvdric soils, and (3) wetland hvdrolo,ov. The wetland indicator status of all plants can be found in The National List of Plants that Occur in Wetlands CLISFWS)_ The wethnd boundary is most easily determined by defirdne the outer linSt of the veeetation s!0ecified in the definifi:on, of freshwater, brackish or tidal wetlands. The wetland boundary is to be defined and flageed at the ~oint where~existing wetland indicator svecies no longer have a comvetitive advantage over upland svecies. Wetland and u¢land plants will rub( together at this transition zone For fi-eshwater wetlands that frecluentlv lack s~[ wa~er (slirtlb swaml~s, deciduous swamps, couiferous swamps and wet meadows) vegetation alone may not be ~deqnatel¥.diagnosttc for ~dentificat~on of a wetland boundary'. In these wetland twes, field verification of wetland ~ydrolo,~v and/or hydric so~ls imght be reclmred to define the boundary. The methodolo,ow' used to determine tl~is boundary shall be the same ruethodolo ~r utilized in the New York State Del>artment of Envir~)nmer~tal Conservation (NYSDEC) Teclmical Methods Statement relating to the Freshwater Wetlands Act. Speci~fic Wetland Habitat Descriptions and Delineation Guidelines for the Town of Southold shall be adopted by rescdution o~ the Town Board. wI~TLANDS 0rRESH~VATER) -- (1) "Freshwater wetlands" as defined in :Article 24, Title 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the En,,fimnmental Conservation Law of the State of New York; or (2) All lands and waters in the town wlfich contain any or all of the following: (al Lands and sUk~merged lands commonly called "marshes," "swan~ps," "sloughs," "bogs" and "flats" supporting aquaUc or semi-aquatic vegetation of the following types: [1] Wetland trees which depend upon seasonal or permanent floodiug or sufficiently water-logged soils to We them a competitix~e advantage over other trees, including, among others, red maple (Acer rttbrtmO, willows (Scdix spp.), black ~mce (Picea mariana); swamp whit& oak (Qttercus bicolor), red ash (Frccrimtm December 2, 2003 '~ ~- 7 '~,'- Public Hearing-Chapter 97 pennsylvanica), black ash (Fraxinus nigra), silver maple (Acer saccha~qnum), American elm ( Ulmus ame~qcana) and larch (Larix laricina); [2] Wetland shrubs wkich depand upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other shrubs, including, among others, alder (Alnus spp.), buttonbush ( Cephalanthus occidentalis), dogwoods (Comus sp£. ) and leatherleaf ( Chamaeda£hne calyculata); [3] Emergent vegetation, including, among others, cattails (Typha spp_), pickerelweed (Pontederia cordata), bulrushes (Scirpt~s spp.), arrow arum (Peltandra virginica), arrowheads CSagittaria spp.), common reed (Phragrnites australis), wildrice (Zizania aquatics), bur-reeds (S£arganium spp.), purple loosestrife (Lythrt~m sahcaria), swamp loosestrife (Decodon verticillamx) and water plantain (Alisnm plantago-aqztatica); [4] Rooted, floating-leaved vegetafion, including, among others, water-lily (Nymphaea odorata), water shield (Braso~ia schreberi) and spatterdock (Nuphar spp.); [5] Fre~-flnating ~egetation, includin~ among others, duckweed (£emna spp.), big ducl~veed (Spirodela polyrhiza) and watermeal (llrolffia spp.); [6] Wet meadow vegetation which depends upon seasonal or permanent flooding or sufficiently water- logged soils to ~ve it a competitive advantage over other open land vegetation, including, among others, sedges (Carex spp.), rashes (duncus spp_), cattails (Typha spp.), rice cut-grass (Leersia o~yzoides), reed canary grass (Phalaris arnndinacea), swamp loose, strife (Decodon Yeri~'cillatus) and spikerush (Eleocharis spp.); [7t Bog mat vegetation, including, among others, spha~lum mosses (Sphagnum spp.), bog rosemary (_4ndromeda glaucophylla), leatherleaf (Clmmaedaphne calyculata), pitcher plant (Sa~v-acenis pmTpurea) and cranberries (Vaccinium macrocatTpon and I': ox?coccos); or [8] Submergent vegetation, including, among others, pondweeds (Potamogeton spp.), naiads (Najas spp.) bladderworts (Utricularia spt~.), wild celery (Vallisnetqa americana), coontall ( Ceratophyllum demerszmO, water milfoils (My~qo£hylh~m spp.) muskglAass (Chars spp.), stonewort (Nitella spp ), water weeds (£lodea spjz ) and water smartweed (Polygonum amphibhzm). (b) Lands and submerged lands.co~3taining remnants of any vegetation that is not aquatic or semiaquatic that has died because of wet condifi9 ~s over a sufficiently long period, provided that such wet conditions do not exceed a maximum seasonal water depth of sm feet and provided further that such conditions can be expected to persist indefinitely, barring human intervention. (c) Lands and waters substantiaJly enclosed by aquatic or setrdaquatic vegetation as set forth in Subsection ]~(2)(a) or be dead vegetation as set ~6rth in Subsection 13(2)(b), the regulation of wkich is necessary to protect and preserve the aquatic and semiacznatic vegetation. (d) The xvaters overl34ng the areas set forth in Subsection g(2)(a) and (b) and the lands underlying Subsection t~(2)(c). (e) Ail land immediately adj acnat to a freshwater xvetimxd, as defined in either Subsection t3(1) or Subsection B(2), and lying within 100 feet landward of the most landward weiland boundary of such freshwater wetland. Svecific fireshwater wetland habitat descriptions for the Town of Southold will be adol>ted by resolution of the Town Board. WETLANDS (TI13AL) - (1) ',511 lands generally covered or intemfittently covered with. or which border on, tidal waters, or lands lying beneath ndal waters, which at mean low tide are covered by tidal waters to a maximum depth of five feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subj eot to such tides and upon which glows or may grow some or any of the following: smooth cordgrass ($partina aherniflora), salt hay glass (Spartina_patens), black glass (duncus gerardii), saltworts ($alico~?~ia spp.), sea lavender (Limonettm spp.), marsh elder (lva fi'tttescens), cattails (Typha spp.), gloundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.) and/or (3) All land irmnediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within 100 feet landward of the most landward wetland boundary of such tidal wetland. Specific tidal wetland Habitat descril~tions for the Toxvn of Southold will be adopted by resolution of the Town Board. December 2, 2003 I',,~ 8 ~-~' Public Heating-Chapter 97 WIDTH OF CREEK -- The distance across a creek from mean low water to mean low water, perpandienlar to the main chatmeI directly in front of the subiect parcel. WHALER - Structural member of a bulkhead used to hold the sheatliing behind the rilings. Normally there are a top and bottom whaler_ WHARF -- See Pier. ~ 97-12_ Declaration of Policy, Jurisdiction and Setbacks. The To~-n Board of the Town of Southold finds that rapid growth, the spread of development and increasing demands upon natural resources are encroaching upon or elinfinating many of its wetlands and patent lands, which, if presev,'ed and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreational and economic assets to existing and future residents of the Town of Southold. B. Purpose: It is the intention of this chapter to ensure for the citizens of the Town of Southold the protection, preservation, proper maintenance and use of its wetlands, in order to minimize damage fi:om erosion, turbidity or siltation, saltwater intrusion, loss offish, shellfi~ or other beneficial marine organisr~, aquatic wildlife and vegetation and the destruction of thc natural habitat thereof, to minqmi×e danger of flood and storm tide damage and pol/udon, and to otherwise protect the quality of wetlands, tidal waters, mm-shes, shore lines, beaches and natural drainage systcms for their conservation, economic, aesthetic, recreational and other public uses and values, and, further, to protect the potable fresh water supplies of the town from the ctnngers o£ drought, overdraft, pollution from saltwater intm°don and misuse or mismanagement. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southeld is essential to the haalth, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the followin~ resource area vaines and the attributes and fanctions they vossess: protection of public and pr/rate water supply; groundwater; flood con~rol;.eros~on and sedimentatton control: storm dama.*e vrex entton water ¢ollution control; fisheries; shellfisk in¢iudin~ svawner sanctuaries; w/idlife habitat: aericulture; aesthetics: and recreation~ In addition, the followin~reSource area values also shall be maintained and protected: vrexrentmn of flood damage by hmitin~ of developmemJn flood hazard areas: prevention of damage to structures and natural resources as a result of erosion; ~mvrovement of water clualffv; protectton and errhencement of e_vastm~ vegetation cover m order to mamram water quality and. w~ldlife habrtat; vrotectmn ofx~ fldlife, waterfowl, and vlant habitat and the maintenance of ex~fin~ ?ovulations and svecies diversity:, preventiov- of ioss or I degradation of critical wildlife and plant hahitat: pre~-ention of new stormwater runoff dischame and the improvement of existin~ stormwater nm0ff dischar.,~es; protection of'coa~taI ecosystems w~ch suppor~ the continued viability of harvestable shellfish and fmfish habitat; public access to water and land; improvement of groundwater recharge; and the mm~rm~afion of the mapact of new development, reconstruct'ton and/or ~xpanston on the resource area values listed abox~.e. C. Jurisdiction: The following m~das are subject to protection under Charter 97 of the Code of Southeld. (1) Any fi:eshwater wefla~d~ t~dal wetland, beach, dune, flat~ marsh, swamV, wet meadow, bog, or vernal pool; (2) Any creelc estuanr, stream, vend. or lake: (3) Land under waterbodies; (4) Land subiect to tidal ~/ction: (5) Land within 100 feet of the areas listed above. D. Setbacks: The following mini~tum setbacks from iurisdictiorral lines avvlv re any and all operations vroposed within the iurisdiction of the Board of Trustees: (1) Wetland Boundarv (b) (d) (2) Bluff Line Residence one hundred (100) feet; Accessory Structure fifty (50) feet; Driveway fifty (50) feet; Cesspool one hundred (100) feet; Sw/mmine Pool fif~' (50) feet; Landscaping or gardening, fiflv (50) feet; Residence one htmdred (100) feet: December 2, 2003 Public Heating-Chapter 97 (bi (d) Accessor,,r Struc~re one hundred (100') feet: Driveway one hundred (100) feet: Cesspool one hundred (100) feet; Swimmino. Pool one hundred (100) feet: Landscapine or eardeninn, one hun&ed (100) feet: The Board of Trustees reserves the rivqht to waive or alter tllese setbacks at their diseretio~ ~ 97-4g 13. Exceptions_ ~. The provisions of tins chapter shall not affect or proinbit nor require a permit for the following: (1) The ordinary and usual operations incidental to the harvesting of fish and shellfish. ~2) The ordinaD' and u~mal operations relative to conservation of soil, vegetation, fish shettf~ and wildlife landward of the wetlmnd boundary_ (3) The ordinary and usual operations relative to pre-existin~ commercial agriculture and horticulture landward of the wetland boundary. (4) The ordinary' and usual operations relative to resideutial horticulture fifty (50) feet landward of the wetland boundary. (5) The ordinary and usual maintenance or repak (of the same dimensions) of a presently permitted, existing building, dock, pier, wharf, jetty, groin, dike, dam or other water control device or stmctttre__ (6) The construction of a permitted bulkhead, wkich is to replace an existing functional bulkhead, subject to the following: (a) that the new bulkhead is constructed substantially sim/lar to the design and measurement of the existing bulkhead, and (b) the new bulkhead is in the same location as the existing bulkhead. Any such acdx4ties shall require the addition of a non-tuff buffer area as de£med in (xq 97-11). The Trustees shall be ~iven v~-ritten notice of the project 30 days prior to commencement of the work. Dur/n~ the 30-day period the Trustee~ will inspect the site to determine if the proposed operations qualify for this exception. If the Trustees fred that this work does not ouallfv for this exception, written notice will be sent to the applicant statin~ the necessary chan~es. (7) The ordinary and usual maintenance or repair of a man-made pond that is created by us/nS an artificial seal to pr-event water from seeping into the ground and activities disturbing the bottom lands of and wetlands adjacant thereto.as defined in (~ 97-1 (8) Proactive restoration pr enhancement proiects conducted pursuant to written am:eement with the Trustees including, but not limited to, salt marsh restoration, eclm-ass plantings or other vegetative et~hancement work~. B. Nothin~ contained in this section shall be deemed to affcct any areas in the town within the jurisdiction of thealter the jurisdiction of the Southold Town Board of Trustees. ARTICLE II, Pertrdts { 97-20. Permit procedures. A. Pm~a'fit required. Notwithstancling any prior course of conduct or permission =manted, no person shall conduct operations on any wetlands in the Toxxm of Southold unless he shall first obtain a written permit therefor issued by the Trustees as hereinafter provided and only winle such permit remains in effect. Notwithstanding the provisions of Subsection A of tiffs section, the Trustees nmy, by resolution, waive the requirement of a permit with respect to lands immediately adjacent to wetlands, as defined in Subscction A(3) or B(3) of the defm/tion of "wetlands" in §.97 i3, if the Trustees find and deterrrdne that no operations are proposed on such lands, or that the opkrations proposed thereon comply with the standards set forth in § 97 28 o f this chapter. B. Admiinstmtive Permit. The Adm/instrative Permit review process is intended to provide for expedited review for projects that are deemed consistent with the Board's policy re~ardinz protection of wetland resources. If the proposed operations meet with all the cra-rent setback requirements as defined by ~ 97-I 1 and do DOt pose a tin:eat to the overall function and condition of wetlands or adiacent buffer areas applicants may request an Adinhfistrative Permit review. This review does not relieve the applicant ofprovidinc~ all the application requirements ({ 97-21 ) or obtaiain~ permits from other jurisdictions including, but not limited to December 2, 2003 .... l0 "~' Public Hearing-Chapter 97 New York State Deoartment of Environmental Conservation and United States Army Corp of Eneineers. Under the Admithstrative review process, each application will be reviewed by at least one member of the Board. See 97-23H for details of api~roval. The following operations will be considered for AdmLn/strative review: (1) Construction, installation or removal of a split-rail fence, open arbor, trellis or other similar structure, provided that such operation will not have an undue adverse impact on the wetlands and tidal waters of the town. (2) Environmental testin~ activities, includin~ test boring, small volume soil sampling, environmental assessment and inventory activities provided such operations do not have an undue adverse impact on the wetlands and tidal waters of the towr~ (3) Removal of any material or slx'ucture provided that a proiect lmitin~ fence and a silt fence with hay bales is installed to contain disturbance if deemed necessary and provided that such operations will not have an undue adverse impact on the wetlands and tidal waters of the town. (4) Construction of additions to the landward side of an ex/stin~ functional single-family dwell[ne, where such dwellin~ ~enerallv lies parallel to the wetland boundary and provided that ali new and existin~ runoff is captured on site. Such addition must be less than or equal to 25°,/0 of area (foot print) of the existin,,z stmctttre_ (5) Remodel/n~, renovation or reconstruction of a structure prox,ided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the town. (6) Construction ofaccessor9 structures tbr exisfin~ single-family dwellin~ provided that such activity will not :have an undue adverse impact on the wetlands and tidal waters of the town and the setback is no tess than fifw (50) feet. (7) Construetibn o? improvement of pervious residential driveways or walkways provided that such activity will not have. an undue adverse impact on the wetlands and tidal waters of the town (8) The demolition,.removalc relocation, repair and/or upeladin~ of existin~ fuel tanks, fuel lines, fuel dispensers, cesspools, septic :systems, or sanitary wastewater activities, includin,z, necessary site work and,provided that such aeti'~itv will not have an undue adverse impact on the wetlands and tidal waters of the town. (9) Construction or installation of drainage structures for the retention of runoff provided that such structures~/ncoroorate the maximum feasible setback from wetlands and provided that such activity will not have an undue·adverse im-~)act on the wetlands and tidal waters of the town. (!0) Cuttin~ ot~cormnon reed (Phra~nites attstrali$) to with/n twelve (12) inches of the soil surthce landward ofthe, wetlandboundarv. This does not include mowine to eround level. § 97-21. Application_ A. Contents o£ Application. A perrrdt may be issued upon the writteo, verified application of the person proposing to perform operations on wetlands. SLx (6) copies of the complete avplication, including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such al~pllcation shall contain the followin~ infotTnation: (1) The name and address of the applicant and the source of the applicant's right to perform such operations (e.g., whether applicant is the owner, lessee, licensee, contractor, etc.)_ ha all cases where the applicant is not the owner of the premises where such operations are proposed to be conducted,_the notarized consent of the ox~mer, duly aclmowledged, must be attached to said application. (2) A schedule for the prol~osed activities with a completion date. (3) The purpose of the proposed operations. (4) The amount of material proposed to be removed or deposited, and/or the type, size and location of any proposed structtu:e. (5) A descri'0tion of the area from which the removal or ha which the deposit of material is proposed, or tn Which structures are to be erected. Thc description :hall be by bear[n~ and distance and shall be based on a local coordinate system. The startin~ I~oint of.4T_he description shall be appropriately referenced to a permanent reference point or monument. D~cember 2, 2003 ~'~-~ 11 .... Public Heating-Chapter 97 (6) The depth to which the removal or the deposit of material is proposed throughout the area of opemttnns, and the proposed angle of repose of all slopes. (7)The manner in which the material will be removed or deposited, or structures erected. (8) Such application shall be accompanied by a surv~ey and topographical map, created no more than one (1) year prior to the date of application, with contours at two-foot intervals, showing the area frum which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a re~stered l_an_d- surveyor or registered professional engineer, licensed by the State of New York. Such sun'ey and topo~apkical map shall show the sotmdings of the area tn which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical conlxol for elevations shall be based on the United States Coast and Geodetic Survey datun~ : (9) A statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of:such proposed operations. (10) A statement d .csmSbtng any known prior operations conducted on the premises in question and whether any prior licenses to permits have been issued to erect structures or to dredge or deposit flit on said premises and whether any such permits or licenses were ever revoked or suspended by a govemmemal agency. (11) Documentam proof that all other necessary pcrrrdts and approval~ have been obtained_. of permits that have been apl~lied for, are pending, and have been ~ranted includin~ but not limited to NYSI}F;C~ Suffolk County Health Department, USACOE. (12) A description bfhow the proposed activities will be mitigated includ'm~ erosion control, re-plantine and. r.e~toration, desimaated points of access. All Croposed operations will be clearly defined, on.~t survey and described in a proiect narrative. The Trustees reseV"e the right to require sl~ecifie re-planting and restoration methods_ Re-planttne and restoration _oxddeflnes shall bO set by resolution of the Town Board. (13) Current photc;~of the subiect area showine the proposed area of operations from at least two opl~osi~e dLre~¥£ons. Each photo should be labeled ~nth the date, time and d'u:ection_ The location ~£t.h~:photos shall be noted in the sxtrvev, proiect plan or provided on a sel~arate sketch m~p~. (I 4) Dm'range m~ade. At the discretion of the Board non-admtnistrative applications may re~tm-e submiff~ilt:of'a drama~e upm-ade plan. This plan must indicate how ali exis~tne and proposed onslte~dt~ainage from a two (2) tach rainfall ts retained a tthin the sublect,l~arcel landward ofihe.~[tland boundary_ Retention can include but is not limited to tnfil~rafion or mipoundme~_t. ~ drainao, e plans shall show the calculations used to develop the plan. At the discrettoa ot~e. Board satd ~lans may re~mre certification from a licensed en~°Snecr. (15) Ail permit ~licants shall submit to the Board of Trustees an afflda~"it si,oned by the oxxmer of the p~r6{~¢t property which indemnifies and saves harmless the Town of Southold from any daim~-t'sing out of or connected with operations under the permit and from all acts, omissions,~rnmissions or negligence on the part of the applicant, his agentslor employees~' in~su~ form as shall be approved by the Tox~m Attorney: 97 22 B_ Wmxer of certain reqalr .,e~ The Trustees, upon request of the apphcant for a perrmt, may wmve, m whole or in part, the provisions of ~[e II, 97-21 D, C and J 8.1 l or 14, where it finds that the nature of the proposed operations is such that the.rg~qairements of such prox~isions are not necessary for a proper con~idetanon of a petTo_it application. The resoluti~o~prov~dmg for the wmver shall clearlY indicate why the wmver was ~anted. § 97-22. Fees. A. Ex'eD' application for apermtt flied with the Clerk shall be accompanied by a filing fe~ of one htmdred tiff)' (150)two hundred fifty dollars ($250) wl~/ch tnctndes the tn:st site visit, no portipn of which shall be refundable. December 2, 2003 '- 12 Public Heating-Chapter 97 In addition to the filing fee, the Trustees, upon the adoption of a resolution authorizing the issuance of a permit, shall determine the amount of the inspection fees to be paid by the applicant to the Clerk upon the issuance of a permit. Inspection fee costs will be based on a $50 per site visk. C. All costs incurred by the Town for SEORA review shall be paid bv the applicant. D. Consultant Fee: The Board, at its discretion, is authorized to require the postin~ of a Consultant Fee by an applicant_ This fee shall be used to hire an indeDendent, expert consultant to investigate the site for the proposed protect and to examine the Dlans or other information submitted by the applicant to assist the Board in evahiatin~ potential adverse impacts upon a resom-ce area by the proposed project. The Board in its discretion will determine whether the complexity of the activity, the difficulty in determininff the threat to the resource areas or the size ofth~ request or Droiect involves and requires more information and analysis than can reasonably be supplied to the Board without independent technical l~rofessional assistance. (_1) The Board may require the payment ofthe Consultant Fee at any time in the deliberations prior to a final decision. (2) The Consultanl Fee may be required for expert opinion re~ardin~,, but not limited to, wetland resource area sttrvavs and delineations, analysis of resource area values, wetland resource area retorts, hydrological and drainaee analysis, wildlife habitat analysis, shellfish surveys, and en~Sxonmental land use lmv, or any of the folhiwine: a. plaqement, removal or ~radlne of at least fifty (50) cubic yards ofmateriak b. five hundred (500) square feet or ~reater alteration of a resource area; c. shorelfue.or bank alteration to a coastal or inland waterway; d. fiye hund:r~d (500) squ,a.re feet or re:eater alteration to land in a naturally veeetated condit/on that-constitutes a resource buffer area: e. d~schare~ Cf any pollutants into or contributin~ to surface or ~oundwater of the re,om'ce a~da f. construction of any stormwater control facility, or water control structure; or m construction of any shoreline structure. ~ 97-23. Processina of apDlicafion. A. Pre-Submission Conference..Apphcants are encom'a~ed to schedule a voluntary' Pre-submission site x~isit to discuss the proposed opdratinns with the Board. Discussions in the field are purely ad~Ssorv and non- b~ndm~ but this meetma ~s ~raendedlto, fnerhtate cormntuncanon between the applicant and the Board. There will be no fee for this confd~ence. B Investigation and coo~.4ination. Upon receipt of the apphcation, the Clerk shall forward one (1) copy thereof to the Consen-ation A~lx-iso~ Council, one (i) CODy to the Plam~ina Department, one (1) copy to the Zonina Board, and one (1) copy to be filed with the office of the Trustees. The Conservation Advisory Com~ci[ shall rex4ew said application and the effect, ff any, on the wetlands and tidal waters of the town that may result from the proposed operations and shall, within twenty (20) days of receipt of the same, forward its xwritten report of ffmdlngs and recommendations with respect to such application to the Trustees If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. If no =esponse is received within 20 days the application is nor subiect to further Conservation Adxdson' Council review. C. A/I papem, ork relative to an application shall be submitted at least seven (7) days before the scheduled hearing_. No additional pam:rv;,o~k shall be accepted afre~ this time mdess specifically requested bv the Board. D_ Hearing. Upon receipt by the Trust~es of the report of the Conaen'ation Ad;Ssory Council, the Trustces shali hold a public hearing On such applica~,ion. Notice shall be provided pursuant to Chapter 58. The Trustees shall hold a public liearina on such aDplication. Notice shall be provided oursuant to Chal~ter 58 of the Town Code. E. Action. After the pubhc hearing on such applications, the Trustees shall either adopt a resolution directing the issuance of a permit or adopt a resolution den54ng the application ~. A resolution directing the issuance of a permit ma>, be adopted only if the Trustees find that the proposed operations will conform to December 2, 2003 '-.~ 13 Public Hearing-Chapter 97 the standards set forth in §_97 28 97-27 hereofi If the Trustees adopt a resolution denying an application for a permit, the reasons for such denial shall be set forth in the resohition. F. Modifications and Ameudments. Any and all modificatious and amendments of existine perm/ts shall be subiect to the discretion of the Trustees and mag be subiect to public heatine. G_ Tabled applications. If an applicant tables an application for any reason it will be considered withdrawn if it does not es to public heatin~ withm four (4) months of the time it was tabled. After such time the applicant will have to reapplv for a 1)ermit ..... H_ Administrative Permits. An Administrative Permit is deemed to have no adverse impact on the wetlands and tidal waters of the town, and a public hearine and notice are not required prior to issuance of a permit. The final decision will be made upon resolution. ~_97 25 97~24. issuance of permit: conditions; inspection fees; performance ~o-aarantee_ The Trustees may, upon the adoption of a resolution directing the issuance of a permit: A. impose such conditions on the manner and ex-tent of the proposed operations as it deems appropriate. B. Fix the t/me by which operations must be commenced and within which they must be completed_ C. Require the pawnent o£inspection fees Reqnirc the payment of inspection fees th any case where it is determined that more th,an one (1) inspection is required to assure that operations are being conductcd in accordance with the permit. Such tees shall be in the amotmt of five dollars ($5-) for each such inspection. D. Under certain circumstances the Board may require the submittal of"as-buih' plans, upon comvletion of operations, stamped by a licensed smw'e¥or and/or eneineer. E. Performance Guarantee. Th~ Trustees may require a performance mmmntee to ensure the -proposed operations .are condUeted in.c6mpliance with a permit. [[ the work is not conducted as described in the permit or such work is cansine harm to the protected resource, notice will be ~iven in writing. The Board may require, as a permit condition, that a performancaarrd observance of other condmons be secured by one or both of the followine methbds: (1) Bond; (2) deposit of money: (3) negotiable securities: or (4) other undertakine of financial responsibility. 97 26 F. Liability insurance. The applicant for a permit shall, before the issuance of said permit by the Clerk, file with the Clerk a certificate that the_ap~!tcant qualified marine contractor l>efformin~ the work under the permit has liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit, xvhich said policies shall name the toxvn as_a rmv, xed an additional insured. § 97-25. Contents of permit. Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be valid for a period of two (2) years fi:om the date of issuance. Said permit may be renewed for two consecutive one ,/'ear periods at the diserefiou and re~-iew of the Board. Each vermit shall state the following~ A. The name of the perm[ttee. B. The date of issuance and expiration of tlie permit. C. A schedule o£ when operations will be conducted. D. The conditions imposed by the Trustees on the issuance of the permit. E. The specific location of the areas to be affected by the operations of the permittee. F A statement that: "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The town accepts, no responsibility in applying for or obtaining such approval. In the event that such approval is necessary_, the holder of this pernfit shall not commence operations hereunder until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Clerk upon receipt by the Clerk of written notice fi:om such other governmental or mtmicipal authorities of its refusal or disapproval_" Acceptance of the permit is acceptance ofttds condition. G. A statement that: "The applicant does, by the acceptance of tlss permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precamions for the prevention of injuries to persons and property restdting fi:om such operations_ By such acceptance, the applicant also agrees to indarm~ffy December 2, 2003 Public Hearing-Chapter 97 and save hasmless the town and its officers, agents and employees from any and al~ claims arising from operations trader this permit and any and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. H. A statement that: "The applicant and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the Performance Guarantee (97-24E) A statement that the applicant is required to notify the Trustees in wfitine upon completion of operations such that the site can be inspected for issuance of a certificate of compliance. § 97-27 Construction and Operation Standards The following standards are requ'u:ed for ail operations within the iurisdiction of the Trustees: (1) Drainaee np~ade. Applicants for a permit for any form of construction shall be reqtfired to upm:ade the sites drainage system such that all surface water generated from impervious surfaces shall be kept onsite throu~-h inf'dtration or retention. Applicants proposing erad'me o_r filline operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees. See § 97-2I(14) for requirements. (2) Silt fence, hay bnles and Silt Booms. A row of silt fence and staked hay bales shall be use durin~¢ construction and must be in place during any building, erading, landscapine or site work activity Mthin Trustee iurisdicfion. The placement of the hay bale line shall be determined bv the Trustees or their designee. ~afl[ intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sedLments within the immediate proiect area. (3) New and remodeled homes. New and remodeled homes cannot be situated or modified such (4) (5) (6) (7) (8) that they proiect closer to the wetland boundary than homes on either side of the subiect lot. Fences. Only splk mil fences are aliowed on beaches. Fences on beaches shall not be closer th~n ten (10) feet to IvLHW. Only one posted si~n per one hundred (100) linear feet of fence is allowed. Posted simons shall be no lar~er than twelve (12) inches by twelve (12) inches square. Sxvirhmin¢ pools. Applications for new pools must include a description of how all pool drairmce will be rem/ned onsite usin¢ dedicated drvwells or similar structures. All future pool drainace shatl be dischamed to this dedicated system. Decks and platforms. No dec~ or platforms shall be peru~tted on or near bluffs. Platforms associated with stairstma¥ not be latter than sixteen (16) square feet_ Cr&icai environment~il ~eas. At the discretion of the Board of Trustees, any operations pmpgsed in.critical emSi:onmentai areas (§ 97-11) may be subiect to more strincent requh-ements: than detailed in th/s section. Such requirements mat include, but are not limited to. denial of certain operations, shertenin~ or reducin¢ the size of structures, and increasin¢ the ,aSdth of non disturbance buffers. Bulkheads, Retainin~Vv~al/s and Re,,'etments. a. On the haw and in the creeks only in-kind in place replacement of existin~ functional bulkheads {,as defined in § 97-11) is permitted, h-Id_nd replacement relates to the position and dimensions and does not necessarily requke or allow for the use of the same materials. At their discretion, the Board may allow for a one time proiection of the replac¢inant structure seaward of the ori~4nal, only if such placement w~ll not project the'}?roposed structure seaward of adjacent, nei~hborin~ structures and if the proposed~installa[ion is in close proximity to the oriainal structure. Any subsequent repa'w or'replacement follo~xfin¢ the first replacement reqtfu:es the structure to be built on or landward of the od~,inal sh'ucture. b. Bnikheads~on the Sonnd shall only be permitted when the likel/hood of extreme erosion is d~monstrated and it shall not increase erosion on nei~hborin¢ properties. December 2, 2003 Public Heating-Chapter 97 15 c. Bulkheads on the Sound must be armored with stone. d. All bulkhead construction and renovation work requires the establishment of a permanent non-turf buffer as defined by § 97-11. e. Retaining walls are not permitted unless excessive erosion can be demonstrated. f. Prohibited Activities (1) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA"), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Preservatives of any type including but not limited to those listed above cannot be applied to any bulkheads, retaining walls or revetments alter installation. (2) The use of tropical hardwoods is not permitted. (3) New bulkheads in creeks and bays is prohibited, unless the operation involves construction of a low-sill bulkhead. (4) Machine excavation is prohibited in marsh areas. (10). Jetties and Groins. a. Only low-profile jetties as defined in § 97-11 will be permitted b. Only in-kind in place replacement of existing low-profile functional jetties and groins (as defined in § 97-11) is permitted. c. Pre-backfilling of jetties and groins may be required. d. Prohibited Activities (1) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA"), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Preservatives of any type including but not limited to those listed above cannot be applied to any jetty or groin after installation. (2)The use of tropical hardwoods is not permitted. (3) No new jetties or groins will be permitted unless the work results in a net decrease in the total number o f jetties in the subject area. £l 1) Dredgin~ a. Maintenance dredging (as defined in § 97-11) only is permitted, unless applicant owns underwater land or applicant is requesting permission to dredge in connection with installation of low sill bulkheads. b. Prohibited Activities ~ Dredging in, or in close proximity to salt marsh vegetation (Distichlis spicata, Spartina alternilYora or Spartina patens) or seagrass (Ruppia maritia or Zostera marina) meadows is prohibited § 97-28. Standards for issuance of permit. The Trustees may adopt a resolution directing the issuance ora permit to perform operations applied for only if it determines that such operations will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources~ of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege. t.t~tion or the natural habitat thereof. F. G. H. I. J. Increase the danger of flood and storm-tide damage. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. Change the course of any channel or the natural movement or flow of any waters. Weaken or undermine the lateral support of other lands in the vicinity. Otherwise adversely affect the health, safety and general welfare of the people of the town. Adversely affect the aesthetic value of the xvetland and adjacent areas. December 2, _000 ~' 16 Public Hearing-Chapter 97 § 97-29 Certificate of compliance. A certificate of compliance shall be issued by the Trustees prior to use or occupancy of a structure, which has been erected, enlarged, or altered pursuant to the issuance of a permit in this Chapter. &97 29 97-30. Transferability. A permit issued pursuant hereto shall not be transferred or assigned without the prior approval and re,Sew of the Trustees. The fee for transfen~in~ said ~ermit shall be fifty ($50.00) dollaxs. ARTICLE III, Adminisn:ation and Enforcement - ~_97 g0 97-31. Coordh~ation and Enforcement It shall be the duty of the Bay Cor~tables (hareinafier referred to as tlie "Bay Constable") to administer and enforce the pro~'isiotm of this chapter.The Director of Code Enforcement and]or the Bay Constable are responsible for coordination and enl?orcement of the provisions of this chapter. The Director of Code Enforcement and Bay Constables have the attthoritv to issue x4olations of this Chapter_ ~97 3! 97-32. Notice of violation. A. Whenever the Director of Code Enforcement or Bay Constable have reasonable grounds to beheve that operations regulated hereby are b(mg conducted in violation of the provisions of this chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the owner of the propet~ty, or the owner's agent or the person performing such operations, to suspend ali operations; and any such person shall forthwith cease operations until such notice of ~4_olafion has been rescinded_ B. Such notice shall be in writing, shall specify the violation and shall state the couditions which must be complied with and the time within which compliance must be completed before operations may be resumed. Such notice shall also inform the person to whom it is directed of his ngin to apply for a hearing before the Trustees, as hereinafter provided_ C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the pranfise where operations are being conducted and maiimg a copy therenf to such person by certified mail to his last knoxwa address. D. The Director of Code Enforcement or Bay Constable may extend the time of compliance specified in the notice of x4olation where there is e~4dence of intent to comply within the time specified and cond/flons exist which prevent immed'mte compliance_ E. In the event that the person upon whom a notice of ~5olafion has been served shall fail to comply with said notice within the t/me specified therein or witl:~ the time specified in any extension of time issued by the Director of Code Etfforcement or Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be ualawfu[ for any person served with a notice of violation l~m-suant to ~ 97-31C to fail to comply with such notice. [97 32 97-33. Hearine on violation. A. Any person affected by a notice of violation issued pursuant to the preceding section hereof may request and shall be granted a hearing before the Trustees, provided that such person shall file a written request therefor wi~h the Clerk within ten (10) days after service of the notice of violation. Such request shall have annexed thereto a copy of the not[ee of violation upon which a heating is requested and shall set tbrth the reasons why such notice of vinlation should be modified or rescinded. B. The Clerk shall present such request to the Trustees at its next regular meeting. The Trnstees shall set a time and place for such hem/rig and shall give the person requesting the same 'at least five (5) days' notice of the time and place thereof. C. At such hearing, the person requesting the sun, e, or his representative, shall be Wen an opportuulty to show cause why such notice of xaolation should be modified or rescinded. After such hearing, the Trustees may sustain, modify or rescind such notice of xSolatinn, or revoke any permit pre'~4onsly issued, and shall specify the reasons therefore. D. The notice of violation t-or which a hearing is requested shall continue in effect pencVmg the heating and determination of the Trustees. ~97 ~g 97-34. Comvliance requirements and penalties for offenses. December 2, 2003 ' .... 17 .... Public Heating-Chapter 97 A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or trek agents or any other person to fail to comply with ally provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement or Bay Constable or to conduct any operation in a mariner not in compliance with a permit issued pursuant to this chapter. B. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or fallnre to comply with a written notice or order of any D~rector of Code Enfomement or Bay Constable within the time fixed for corapliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who comurfits, takes part or assists in the commission of any such offense or who shall fall to comply with a written order or notice of of an5' Bay Constable shall, upon a first corn iction thereof, bc guilty of a xSolation purfishable by a fine of not exceeding five hundred dollars ($500.) or imprisonment for a period not to exceed fifteen (15) days, or both. Each da3' on which such vtolation shall occur shall constitute a separate, additional offense. For a second and suhsequent conviction within ei-~.teen (18) months thereafter such person shaft be guilty of a violation punishablc by a fine not exceeding one thousand five hundred dollars ($1,500.) or imprisonment for aperiodnot toexceed-fifteen (1~ days, or both such fine and imprisomnent, anyDkector of Code Enfcrmement or Bay Constable shall be subject to the followine fine schedule. Each day on which such xfolation occurs shall constitute a separate, additional offense_ (1) Failure to obtain a permit. Any person condUctin~ ol>erations within the jurisdiction of the Trustees without first obtainin~ a permit accordin~ to the procedures outlined in this char~ter shall be subiect to fine of not less than $1 ~000 and not more than_ $4,000 :or a term of imprisonment of not less than fifteen (15) days nor more than six (6) months, or both~ (2) Failure to coml~l¥ with the tenus of a permit. Any person falling, to coml~lv with the terms of a pmmit shall be subiect to fine of.not less than $500 and not more than $1.000. For each subsequent offense, the violator shall be ,ouilyw o£:a misdemeanor punishable by a fine not less than $1,000 nor more than $2,000 or a term of imCdsonment of not less than fifteen (15) days nor more than six (6) months, or both; (3) Failure to heed a c~ase and desist 6rder. Any person conductin~ o~erations in direct contradiction to the terr~ of a cease and cldslst order shall be subject to l-me of not less 1hah $1000 and not more than $2,000. For each subsequent c~fKense~ the viblator shall be ,,zailW of a misdemeanor ~un/shable by a fine not less than $1,000 nor more than $2,000 or a term of hn-0risonment of not less than fifteen (15) days nor more than six (6) months, or both; (4) Restoration. In lieu or in addition to these punishments, any offender may be punished by bein~ ordered to restore the affected wetland to its condition l~rior to the offense_ Any such order shall sl~ecifv a reasonable time for the com¢Ietion of such restoration, which shall be effected under the sul>erv/sion of the approvin~ authority. 'ITte Trustees reserve the ri?-ht to require specific re-~lantin[ and restoration methods_ Re-plantin~ and restoration ,*u/defines shall be set by resolution of the Town Board. (5) Mitigation. When on-site wetlands restoration and creation may be unfeasible due to technical or other constraints, other miti~*ative measures such as off-site wetland restoration or creation and/or monetary compensation for wetland losses may be required. Where apl~ropriate, the Trustees may reqhire a fee in lieu of d/rect action to comCensate for wetland clama~e. Such fees shall be held in trust for the express use of wetland pt eservation, creation, restoration or c'ahancement Croiects. C. No new 1)ermits will be issued to any carter, owner, occupant, builder, arclfitect, contractor or their auents if they are named as defendants in an outstandin~ or um:esolved wetland violation. D.ln addition to the above-provided panaliies, the Tmsteas may also, if authorized by the Town Board, maintain an action or proceeding in the name of the town ig.~a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. III. Severabilitv if any clause, sentence, paragrap~ section, or part of this I, ocal Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any par[ therenf other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. December 2, _00~ - 18 Public Heating-Chapter 97 This work has been done by a team that the Trustees have supervised, the Comell Cooperative Extension has been closely involved in it and we have before us and I think all of you have seen the text of that, that has appeared in the local newspaper the Traveler-Watchman and the text of it has also appeared on the Town Clerk's bul/etin board outside there, it has been circulated to the Trustees and planning Department and many other different offices wittfin the Town. That summarizes briefly the content of that chapter. Do we have any comments from various people back about this? First comes from the Planning Commission of the County of Suffolk, "Pursuant to Sections A f4~I4, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission." We have something from the Planning Board, which was received just this evening, "The Planning Board has reviewed the proposed amendments to Chapter 97 and Chapter 32 and the Planning Board supports the proposed amendments and recommends that the Town Board approves these laws with consideration to the following: (and there follows one particular suggestion); Section 97-23, Item B states that 'Upon receipt of the application, the Clerk shall forward one copy to the Planning Board.' This section implies that all applications will be copied to the Planning Board. The Planding Board requests that only applicable applications be copied to the Planning Board for comment_ Applicable applications xvould include a~y previously approved or pending subdivision, set-off or lot line reviewed pursuant to Chapter Al06 of the Town Code. Planning Board recommends that applications seeking dock permits, mooting permits and other actions exclusive of Planning Board authority, need not be copied to the Department." That is the suggestion from the Planning Board. And do we have any other comments_ We have many. other comments but I will lry to briefly summarize them. ffwe didn't have Betty to help me out, I don't think I could get tkrough this. This is something from Heather Ferguson, the President of the Fishers Island Civic Association, "I am writing on behalf of the Civic Association to cormuent on the proposed amendments to Chapter 32 and 97. This letter is in support of two previous letters sent on behalf of Fishers Island. The first is from the chair of the Fishers Island Harbor Committee, Leslie Goss, asking that the record be left open so that we may work with the Town to write regulations that are specific to the conditions on Fishers Island_ The second is a letter from one of our directors and president of the Island museum who oversees the museum's land trust. She is a wetlands scienttst who has several specific concerns about Chapter 97. We support your efforts and intents of these amendments and look forward to working with the Trustees to complete this effort_ The Board of the Fishers Island Civic Association voted to authorize me to take this action during a special meeting held on November 30. Please place this letter on the public record." I have something here, an e-matl from David Fisher; subject the Town Board meeting, "we strongly support strengthening the wetlands code" and that is the only content in regard to this hearing. This one is from the Plamnng Board. A handwritten message from Joharma Northam, who was with us earlier this evening, "[ urge the Town Board to delete 'wetland ditching' from the wetland law." I guess you read tiffs already' into the record and I don't need to go over that again. This is from Wayne Grothe, the Marine Resources Manager of the Nature Conservancy, "Dear Super~'isor Horton, I have attached the Nature Conservancy's comments on the amendments to Chapter 97. I have also attached a wetlands matrix of the NYS-DEC and local Erst end code that you may fred useful." And there follows the enclosure here, co~un~ents. And there are many, about 3 pages of comments here_ "We recommend that Southold expand its regulated area to 200 feet fi'om the wetlands boundary." Is one of their suggestions Another one on Section 97-12 D on setbacks, "It is our recommendation that the mhfimum setback be increased to 75 feet_" We recommend increasing the septic system setback to 150 feet. The Nature Conservancy realizes a 150 foot separation between septic systems and wetlands may not be possible at all sites, but whenever possible the greater separation would provide more protection to the wetlands and the waters." Section 97-20, Permits, "The Southold Town Board is December 2, 2003 " .... 19 Public Hearing-Chapter 97 providing an expedited review for projects that are deemed consistent with Board policy regarding protection of wetland resources. However, we recommend that to be eligible for an Administrative Permit, an applicant should be required to estabhsh a minimum 50 foot vegetative buffer to off set any impacts on the wetlands from the proposed project. The Town of Southampton requires an applicant m establish a 75 foot buffer min/mum_" There are several other comments here. Bulkheads, retaining wails and Revetments, "We cormnand the Board for requiring the establishment of a permanent non- turf buffer as defined in Section 97-11, when bulkheads are replaced or renovated. We-believe this requirement will help mitigate impacts to surface waters caused by the past destruction. In general, we support the Town of Southold's interest in improving its wetland code. However, the Nature Conservancy supports a greater emphasis on the establishment of buffers to protect wetlands. Presently, the establishment of buffers in only implied in the code. The Conservancy recommends explicit language articulating 1) the need for the establishment of wetlands buffers, 2) a vegetated buffer must be established to reduce impacts to wetlands and 3) a buffer of 75 feet when practicable. The Nature Conservancy thanks the Town of Southold for providing us with this opportunity, etc." The next is something from Penelope Sliarp, "Please accept this comment_ I am writing in regard to the proposed amendments to Chapter 97 of the Code_ I am a property owner on Fishers Island and the President of the Henry L. Ferguson Museum and a board member of the Fishers Island Civic Association. In my professional life, I mn a certified wetlands scientist, I sit on the wetlands board in North Branford, Connecticut and have over 20 years of e:cperience in wetlands functional analysis and regulation. I received a copy of the proposed amendments over the weekend lbtlowing Thanksgiving and thus, have not had the opportunity for an in depth review. However, I have some in,mediate concerns and reservations and therefore respectfully request that the record remain 9pan in order to permit a more complete review and an opportunity to provide additional commentary, if warranted. It is clear that some effort has been devoted to the drafting of the proposed amendments and I applaud the intent of the findings and purposes as outlined by your board_ Some of ray specific concerns relate to Section 97q 1, Defufitions. For example, under wetlands freshwater section, it includes all lands irmnediately adjacent to a freshwater wetland, as defined in either subsection 1 or 2, and lying within 100 feet landward of the most landward wetland boundary of such freshwater wetland. A similar definition occurs in wetland tidal, #3. I think that this is confusing, especially because the described areas are not technically wetlands_ Perhaps these areas should be referred to as regulated areas, and a separate definition for regulated areas should be provided. Another way to handle this might be to amend the buffer definition. Specific to Fishers Island, I note that both West Harbor and East Harbor m'e listed in the defilfition of a creek. Would a term such as tidal embayment be more accurate? It was my understanding that all of Fishers Island was considered to be a critical envirol~mental area. Another area of concern relates to Section 97-12 D, Setbacks. Are the setbacks firom wetland boundaries and bluff lines regxdated or prohibited zones and if prohibitive, is there an appeals process for a property owner? How will pre-existing, non-conforming uses be managed? I note that the Board of Trustees reserves the right to waive or later the setbacks at their discretion; however, there does not appear to be a process for an applicant or owner to appeal. There appears t0 be a conflict between Section 97-21 B and 97-27 (1) in that the former permits a waiver and the latter requires a drainage upgrade for any form of construction. With respect to Section 97-27 (2) perhaps the first pl~rase ~silt fence, hay bales and silt booms' should be removed and erosion controls be substituted. One would always want proper erosion controls on any construction site, however, some flexibility may be desirable_ For example, wood ch/-p bem~s, properly sized, are extremely effective and a preferable choice around a vernal pool. Amphibians returning to breeding pools can negotiate a berm, but are stopped by silt fencing. Section 9~7-34 (5) relating to mitigation indicates that, where appropriate, the December 2, 2003 Public Hearing-Chapter 97 Trustees may require a fee in lieu of direct action to compensate for wetland damage. How will this fee be determined and, if collected from Fishers Island, will the money be returned to the Island and directed toward restoration or mitigation on the Island? Finally, regarding enforcement issues, neither of the Fishers Island Bay Constables nor the Code Enforcer possesses the wetland delineation skills for the proper enforcement of Chapter 97 on Fishers Island. Thank you for your consideration of these preliminary concerns_" SUPERVISOR HORTON: Maybe we can get to the public comment and read that into the record, if necessary, at the end? COUNCILMAN WICKHAM: The suggestion? How many more do we have? Three or four fairly short ones. From Matthew Barbato in Cutchogue, "I am strongly against any zone change that would allow Hess to expand their operations in Mattituck. We need to protect our wetlands mad also our way of life. I truly believe this expansion will increase traffic and add to the erosion of our local commumty. We don't need anymore.._" This one is fi:om Carol Halliburton, "We need stronger wetlands laws." ~[lxe next one is fi-om George Clark of East Marion, "Just for the record, I support a stronger wetlands law." And the next one, this is from Sylxfa Pafenyk, "Please do ever~lhing possible to strengthen the protection of our wetlands. They filter our waters, provide spawning grounds and food for wildlife and enhance the beauty of our area_ Protect them." And this is one~ from John and Dorothy Rooney, "This is to express our full support in strengthening the powers of the Trustees re: protecting Town wetlands_" And the last item I have here is one fi:om Leslie Goss, Chair of the Fishers Island Harbor Committee, which I suspect is similar to the ones that we just read on Fkshers Island and I could make it available to those who want to see it after the meeting. SUPERVISOR HORTON: Thank you, Councilman Wickham_ Give Counciknan Wickham a round of applause. We, at this point, I welcome comment from the public on this specific public hearing_ This is, again, on Chapter 97, Wetlands and Shoreline code. Would anyone care to address the Board? IVlr. Kramer. MR. KRAMER: I would like to also, just like the people on Fishers Island, applaud the work that has been done in this and everybody, I think, that lives here has a big interest in preserving our quality, way of life and our waterways, and everything else_ I happened to have a four day weekend last week and so I got all exercised about this because and I plead ignorant if my head was in the sand for the last year, I had no clue as to what was going on. When I got a hold of this on Monday, I frankly don't understand all of 97 and I really don't understand the differences but I do see that with the new setbacks in 97, it looks like I may as well just mail you the deed to the house because I don't lcnow an)body that is going to have 100 or 200 feet of anything when you start backing off the water. The whole point and my' only point on 97, is that there is nobody and I think that it is important for the people who write this, and I don't think anybody who is writing this actually lives on the creek, but there is nobody who cares more about my little piece of creek front and my bay front than I do. And there is nothing that [ would do to endanger that. And wlien I read through this and the other one, the 32, it is written as though from an outsider looking at my property, not talking about my rights and my ability to recreate and recreation is one little word, and ail of that that you read, Tom, recreation was the last thing and it is also the last tlfmg in 32 and you lcnow why people come out from New York City at midnight on Friday? To their waterfront house? To recreate on their property. They want to use it. And there is nothing wrong with having a dock. Okay? And no clam has ever been hurt by a December 2, 2003 Public Hearing-Chapter 97 dock. No fish has ever been hurt by a dock and if you have got exSdence to the contrary, I am happy to hear it. But I think you need input from people who actually use the creeks, who actually use the waterfront. All of this talks about people who look at it, it sounds to me like. And when you talk about applicant, you should read 'resident tax payer', the applicant is the resident taxpayer_ I have a feeling and I can probably quantify this with a lot of work, we probably have 2500 resident waterfront taxpayers in the Town of Southold. How many are being represented here tonight, in December? In January, February, March, April or in May?. A few of us; that happen to be local? Everyb6dy else is in the city and beyond, working to pay their taxes_ We should be talking to them and informing them, what we are going to do. I would like to address you further in 32, if that is okay. SUPERVISOR HORTON: Certffmly, Mr. Kramer. Thank you. First I w'dl have, the President of the Board of Trustees, A1 Krupski, would like to address the Board. I also ask tn the future, this is my oversight, but xvhen you do address the Board from either of the two microphones, please state your name and place of residence, so that we can incorporate that into the pubhc record. ALBERT KRUPSKI, PRESIDENT, BOARD OF TRUSTEES: Good evening, Albert Krupski, Cutchogue. I am currently the President of the Board of Trustees. I am joined here with our other Board members. Artie Foster, Jim King, Peggy Dicke~-son. There are a few things that I would like to mention tonight. One, I was going to read the purpose; xvhich Mr. Wickham read already, which is the reason why we are here. And that really explains and defines exactly why we are here and why the Board members made such an effort for the whole year, to re-wnte the code and before we go any further, I would like to thank the small army of people in Town agencies involved in the code re-write process_ Many people put forth comments, including the CAC, the Bay Constables, Town Councilmen, the Police Chief and Lieutenant, the Plam~mg Board staff, the Town Attorneys office, Bill Sharp and Steve Ridler from the Department of State. Manna owners, marine construction people or dock builders, attorneys and environmantal consultants. We received hundreds of requests, for both hard copies and e-mails of our various drafts, of which them was many; as well as significant written comments and suggestions from the community. Many of these comments were received and reviewed at our first public hearing, this summer on July 16, 2003. Moreover, we had many presentations from community at our regular monthly work sessions and our leg/slative work sessions. Special thatlks go to Chris Pickerill, Comell Cooperative Extension, for all his work and technical support, as well as Pat Fiunegan, Southold Town Assistant Town Attorney and Brownell Jotmston, our Special Town Attorney to the Board of Trustees. We think that with their help, we will keep the To~m~ on the right track_ What was most impressive to me in this whole process, was the attitude of all the people who helped to create tiffs draft. It was very positive, thrward looking attitude from everyone tnvolved in the most important of tasks. )/ud finally, as a matter of definition of where these changes crone from, these changes weren't something that the five Trustees drean~ed up in a vacuum. Trustee policy, wlfich is listed in the new code; has been developed over many, many years by all the different Trustee Boards in my memory. From Patti Stoutenburgh to Het~ry Smith, I can hear their comments on various problems and their strong voices on proposing solutions to the problems that the Town faces. These solutions, known previously as policy, should be codified in that they are tried and true ideas, forged by trial and experience_ Tkis will be a continuing process of protecting the values and assets of Southold. I look forward m updating not only Chapters 97 and 32 but also Chapter 77, regarding shellfish and other Chapters for which we are responsible. In my 19 plus years on the Board, this is the most pro-active action plan that I have seen and I hope that the momentum continues. And now I December 2, 2003 '-~' 22 .... Public Hearing-Chapter 97 would like to, if I could, leave it open for the other Trustees to make any comments that they would like to make. SUPERVISOR HORTON: Mr. King. JIM KING, BOARD OF TRUSTEES: My name is Jim King. I have served this Town as a Trustee, I am in my 8~ year now, I fully support what we have done. We have worked hard on this, I think that we are moving in the right direction and just for the record; I live on Matfituck Creek. I have waterfront property there, I have lived there for 35 almost 40 years now and the biggest change I have seen is the water quality. It has gone from a creek you could go clamming any day you wanted, any time. Now it is closed dow'n unless it is open in the wintertime and a 1/15t~ inch of rain shuts it down_ So, I have seen the results of our use of our resources and we just have to start putting some controls on it. Thank you_ SUPERVISOR HORTON: Thank you, Mr. King_ Would anyone else care to address the Board? Mr. Foster. ARTIE FOSTER, BOARD OF TRUSTEES: Hi, I am Artie Foster. I am one of'the Trustees. At the end of this year, I will have served six years on the Board. I think, as the other Board members do, that what we are doing is heading in the right direction and we have worked many, many nights at meetings and many hours at home on this over the last year and put a lot of' time in it_ Certainly, nobody is trying to stop people from using or recreating their land, but you have to have certain restraints on the upconfmg, future recreation. If you don't stop it now, or put cert~fm curtails on it, you are not going to have anything in the future. 'And I think that what we are doing is heading in the right direction. We are certainly open for suggestions and I support this momentum_ Thank you. SUPERVISOR HORTON: Thank you, Mr. Foster. PEGGY DICKERSON, BOARD OF TRUSTEES: Peggy Dickerson, Southold Town Trustee. I am not only a Trustee, I am also a local educator in the Mattituck-Cutchogue School District and I am also a local, local. I was bom and raised on the creeks mhd although we didn't live on the creek, spent many times on the waters and in the waters, spent many years also, educating the children about the creeks and theh- values_ So I have many comaections to our local waters. When I became a Trustee toro years ago, one of the first things that started to frustrate me was that many applications would come in and when I looked around at my fellow Trustees and said, you know, this shouldn't be happening and we need to do something, we were legally advised that the language wasn't there~lt wasn't strong enough_ And as much as we ail might have known it was not the right thing to do, we realized that the language had to'be worked on. So when the opportunity came up for the moratorium that allowed us time to revise and refine the wetlands code, we took it vcry seriously. We put many, many hours into this re-write, starting last year and working through the spring and the summer and [ beheve that it will serve the Town of Southnld well in protecting the wetlands for all of the citizens in our community. Thank you. SUPERVISOR HORTON: Thank you, Mrs. Dickerson_ Now, I xvill give the floor again to the public who xvould like to address the Board. December 2, 2003 Public Hearing-Chapter 97 ROBERT HERRMANN: My name is Robert Herrmama, I am employed by EN Consultants, Incorporated, which is an enmronmental consulting firm based in Southampton. I do a good bit of the representation of many of the Southold landowners up here before the Trustees and have done so for a little more than 10 years. I also, my academic background is that I have a Masters degree in Coastal Environmental Management fi:om Duke University, so I am appreciating the changes that are being proposed here fi:om both a professional and an academic perspective. I have just handed: up to the -- Board a letter and a series of comments that I have made; I am not here to champion either th% goals or the cause or to criticize them but instead to really acknowledge the reality that with the development pressure that the Town faces and the comple~ty of environmental regulation, the Town is sorely in need of and overhaul of its wetlands and waterways laws like this. And so what I would like to do tonight and I am glad that I didn't hand this in earlier because Mr. Wickham would have had to read quite a bit. What I am going to do is just submit most of this for the record and I hope that it will benefit the Town and also the Tmst~es and the team that is working on the redraft. But there are a few items fi:om within these pages that I would like to put on the record publicly and comment on and certainly discuss with the Board if you have any questions because the reality is, that once this law is passed, there will be decisions made by the Board and by applicants that will depend heavily on this law_ Frankly, there is not much to depend on now m Chapter 97, this is a very exhaustive law and provides a lot of information and you certainly want to capture this opportunity to prevent this kind of problems in the future that you have now. I would like to briefly just read into the record my cover letter, wkich is addressed to Mr. Horton. "Dear IVlr. Horton, Attached please find a copy of portions of the proposed amendments to Chapter 97, on which I have made a number of comments and suggested changes to the language and~or content of the proposed law. As I have had more than ten years experience working with Chapter 97 find the Town of Southold Trustees, as well as the local wetland laws and envirmwnental boards in the Towns of Brookhaven, Riverhead, Southampton, Shelter Island, and East Hampton, my comments are based on that experience and are intended to be constructive and ultimately for the benefit of both the Town of Southold and its taxpayers, who will use the amended law as a guide and reference. [ would also like to take this opportunity to commend the Town of Southold and its Board of Trustees in particular for their dedicated effort to draft a long overdue overhaul of the Town's wetlands and waterways laws. ha their effort to make these chtmges, the Trustees have undertaken and nearl? completed a tremendous task with refreshingly rare efficiency and impressive results. Indeed, the Board and those who have assisted them are creating a code that even in its draft form represents a sub§tantial improvetnent upon what is currently a vague mad poorly structured wetlands law_ The end result will benefit not only the To~vn as a whole but also those individuals who must apply tbr and obtain wetland permits." As I said, I have given you the portion in which I have made comments, rrmny are minor and I don't want to take the public's time to go through them, there are a few that I want to mention and one is really an important one and it was touched upon by Ivh:. ICd'amer and also by Mr. Krupski but from different perspectives, and I noticed that in the purpose, under B in the purpose of}he law, what I have noted is that given the acknowledgement in the introduction that a major part of Southold's economy is now fi:om tourism and second homes; this may be the place or the purpose may he, the place where the Town recognizes the need tbr balancing'human and ecological interests_ For ex'arfiple, by indicating that the wetlands shall be regulated to maintain and contribute to all the item~e~d value and functions but also giving due consideration to the reasonable econolmc and social development of the Town, this ts a mandate of the New York State Tidal Wetlands Act and it should rkot, and that kind of language should not be completely omitted from tlzis law, for two major reasons, ov4e is that the basic tenets of good environmental management reqmre a reasmaable balancing between e~ological and human interests and allowances for such are already December 2, 2003 ..... ' 24 "-- Public Hearing-Chapter 97 inherent in this draft code_ There are certain places where preexisting farming uses, for example are exempted fi;om one requirement or another. Obviously farming is a big part of the Town's economy as well. Also, the courts would likely remand to the Trustees any decision that didn't weigh the social and economic interests of the Town or for a particular landowner. There are all sorts of items here that describe the purpose of protecting wetlands, which are lacking in the current code but you need to also °have something that acknowledges social and economic development as welt because those things -c~fi't just be disregarded from a law like this. That suggestion is intended to protect yourinf~rests as much as it is the individual landowners. If you look at page 12, this is something that is a little bit esoteric and probably only an attorney or a consultant that deals with these laws would know it, but it is worth noting and what this law does that the prior law doesn't, is it does set up setbacks. Right now, there are no numeric setbacks as there are in x4rtually every other wetlands law locally or statewide. And this law would create some of those. I do have a question about one of the setbacks regarding the setbacks for primary residences, which is 100 feet_ It is a little bit curious not because of the distance but because that is equal to the what the Trustees jurisdiction is right now, so in effect if you are meeting the setback, you don't need a permit which doesn't make sense, so you would have to either reduce the setback or increase the Trustees jurisdiction for that to pan out. I suppose as a way to work it, but that might be something tha~r you want to think about. But one of the things that is noted after the setbacks is that the Trustees restive the right to waive or alter the setbacks at their discretion. That is obviously necessary sometimes Where the lot won't allow as Mr. Kramer mentioned earlier, a 100 .-foot setback for example for a house to be met. But expressly grantmg the Board that right brings to light an akeady existing conflict be~tween Chapter 97 and Section 100-239_4B of the Zoning Code. What that, the Zoning Code actu~3g~has a stipulation that on a bulkheaded parcel, a Waterfront parcel, a house has to be 75 feet fi;om the ~ulkhead but if the parcel is a natural shoreline with wetlands, the setback, in effect the Town's rem yard setback for zoning purposes, is left to the discretion of the Trustees. What happens there is once you get your. wetland permit and let's say these were all coi~stra'med lots and you have a 60: foot setback is the best you can get, somebody that then goes in for their building permit actually has tc~!go to the Zoning Board if they only have a 60 foot setback from a bulkhead but somebody that has a 60 foot setback from a natural shoreline, which we would like to prestone should require the more s~rict attention, doesn't need any approval fi:om the Zon'mg Board_ The Trustees permit is good enough. So what you have is actually a stipulation that exists in Chapter 100, that undercuts the Trustees authority and it undercuts it in the wrong direction. You have more stringent control on an already alte~d and developed buikheaded lot than you do on a natural shoreline than you do on a natural shoreline which should require better protection. So my suggestion is that you correct that problem now, I dog't know if you want to enter into the chore of trying to repeal that section of Chapter 100 but I am sure under your Town Attorney's advice, there would be a way to supercede that section of the code b~cause the point is, that once the Trustees set a setback, that should be the rear yard setback. Bulkhead or no bu ~lkhead_ Otherwise, you are creating or at least you are extending a conflict that exists in the code. Some other comments, one is that there is also on page 12, mxder exceptions to the need to get ~a permit are bulkhead reconstructions. In my experience before the Trustees, maybe 10% of applicatiuns get approved without some corm~nent or modification fi:om the Board_ I think that this would be. a chance, since you are now creating the administrative permit category, that you include bulkheach reconstruction in that category. The homeo~mer has to go tkrough the Corps of Engineers, the Depart~n~ ent of State, and the New York State DEC anyway, keeping the Trustees out of the loop, in effect until the very end at which point you have to [,five them 30 days notice and they can come out and say, well, we really don't like this, now you have to come to us for a permtt. I think that is, you are not ,going to create efficiency, you are going to create more confusion December 2, 2003 '~-- 25 '- --: Public Heating-Chapter 97 and probably lead to non-comphance because chances are the contractor is going to have all the other permits, they may have already started the work and then the Trustees are going to say, wait a minute we need something changed. You are creating a more efficient category; you might as xvell include the bulkhead reconstruction in that_ On the flipside, on page 13, you have envkomuental testing activities like test borings, now under the administrative permit category. I would swap that back to exceptions. The Trustees have never required a penuit to be obtained to do a test boring; I don't think unyone in this' Town would colne to the Trustees to get one. I mean, it is part of the process, diggingtt'fest hole shouldn't require somebody to go through a permit process just so they can provide data to go through another penuit process. On the bottom of page 13 there is an addition that would include the requirement that an applicant submit a schedule for the proposed activities with a completion date. From working with the Trustees, I understand the intent behind that, to try to get a little better control on what is happening and when, I think that is an impossible task. Projects that should take three months sometimes take three years to get approved, the delays are controlled sometimes by govermnent agencies other than the Trustees and they are also controlled by people's personal circumstances; debts and families .finances, travel, etc. I thrnk to try to make somebody conform to a schedule is just going to be au unfair and an unreasonable task. That is not to say that the Trustees shouldn't allow themselves the abil[ty to set up windows, if it is a t/me sensitive activity like dredging, re-vegetation, they should be able to set nme limits in place for that or windows but not for every .single project. Getting to the end quick/y, on page 16, there is au item that says 'al/paper~vork relative · -to an application shall be submi~tted at least 7 days before the scheduled hearing, no-additional paperwork shall be accepted after this time unless specifically requested by Board'. To play attorney · for a second, I don't think you can include that kind of preclusion, until the public heating process has been closed, you can't under any circumstances, prevent an applicant fi:om submitting information in support of their application anymore than you can stop an objecting neighbor fi:om coming in at the last second and submitting information that says, 'oh wait a second, this guys survey is ~wong'. You croft preclude somebody the tight tO submit information. Again, from working with the Board, I understand the intent. There should be a safeguard. The Board can't be compelled to make a decision based on information they have received at the last second but you can't prevent somebody fi:om submitting the mtbrmatlon. Under modifications and amendments, just a conunent that you should establish a standard for when an amendment has to go to public hearing Right now, every amendment has to go to a public hearing. You change a width of a garage from 18 to 19 feet, it goes to the newspaper, you notify the neighbors, you come back before the Board. This would give the Trustees the discretion but perhaps there can be a formalized procedure by which someone would know whether or not they have to go to a public hearing for amendment. It might affect their decision whether to go for the amendment_ Under administrative pemaits, same page 16 is letter H, the last sentence says that the final decision will be made upon resolution and that indicates that the Trustees m_ight somehow still have the discretion to call for a public hearing on an administrative permit application. [ think that defeats the purpose of having the administrative permit in the first place. What you want to do is set up standards and induce people to comply with those standards by saying, if you comply, you don't have to go to a public hearing. This is what they implemented a couple of years ago in the Town of Southampton, it has worked opposite of what its critics said it would do. People actually say that they will put their house l0 feet farther from the wetlands and they will give the Town 10 or 15 feet more buffer just to avoid the process. It can save them five or six months of processing by doing that. You don't want to induce people to do that and say at the last second say, 'well, you have inet all our setbacks, you have met all our standards but we think we are going to have a hearing anyway', that t~pe of thing can be too easily manipulated by a neighbor who, you ~know, their dog went to the December 2, 2003 ',~ 26 Public Hearing-Chapter 97 bathroom on the property three years ago, so the neighbor shows up and says 'well, I don't like this project and I am not against this project but I really am against this project', if they comply with the law, they comply with the law, rewfixd them for doing that. Last two comments. One is on page 17, under drainage upgrade, I think just the language of this is a httle too reaching, what it is really intended for is people who are manipulating existing home or vacant land, should have a drainage plan. That is absolutely correct but the way this language reads it would be a requirement of every applicant to~tihve a drainage upgrade plan but if they are applying to replace a dock, or a bulkhead or a-groin or something, doesn't make sense to require them to come in with a drainage upgrade_ Maybe the language there could be tailored a little bit more. Probably the one that is potentially the most controversial is on page 18, number 3, there is a section that is being added and I think is important to go over. It says, new and remodeled homes_ New and remodeled homes can not be situated or modified such that they project closer to the wetland boundaries than homes on either side of the subject lot_ This is a policy that the Trustees have used for years, typically or usually in my mind 100% of the tmae, in pre-existing, non-conforming situations. Let's say you have all constrained lots along the creek and every house is situated 60 feet from the wetlands. The last person on the block has a vacant lot in between and what fire Trustees have done is said, you can meet that same setback but you can't go any closer to the water. It is a good policy and it works_ The problem is in the effort to formalize it, or as Mr. Krupski mentions, to codify it here; it basically sets up a condition in all ~circumstances and if you meet the,.:wetlands setback, let's say you meet the 100 foot setback, if that is what it is going to be, you can't empower the Board to effectively regulate aesthetic view sheds through a wetlands law. The position of my house in relation to Mr. Kmpski's has nothing to do with the protection of natural resources,, if all my neighbors have chosen to put their house 200 feet from the wetlands and your code allows me to put my house 100 feet from the wetlands, why should I be prevented from doing that because of what my neighbors have done? You are sort of pulling a zoning type code into a wetlands law and I don't think they blend. You might want to, the Trustees might want to tailor this in a way that it applies to pre-existing, non-conform'rog situations. [ don't know exactly how you would craft the language but it is too broad here and I would bet a lot of money that it would be overturued by any judge because you can't have an emfronmental board regulating a view shed when the code that is presented to the Board is being inet. My last comment, smrte page_ You established critical environmental areas, there are certain areas that woulch be defined as such; and it states that the discretion of fire Board of Trustees, any operations proposed ~n CEA's may be subject to more stringent requirements than detailed here. Such requirements may include but are not limited to denial of cel~rain operations, shortening or reducing the size of structures find increasing the width of non-disturbance buffers. There is ~ery similar clause in the Town or- Southampton's amended wetlands law. The difference is there, they go and further define things. They'say for certain kinds of wetlands, for example, an Atlantic White sea or forest, instead of 100 foot buffer, they are going to look for 125 or 150 or whatever it is You need to do something like that here because otherwise, in critical enviromnental areas you are going t~o recreate the same kind of problem that all of 97 has now, which is that the Trustees have the discretion to deny an aetivity or require a c~rtain kind of setback or a certain kind of buffer with no standards to support their decision_ Again, it is the right idea, it is in the direction of wetland protection but [~ae Board is exposed to hax4ng this sort of carte blanche discretion that they can't support. So, again, ~t leads to a problem where you say well, you are on Hashomamaque Creek and we want this bigger buffer and somebody sues the Town and the courts look at it and say where did you get that nmx~ber from? I just think it is too vague and there ought to be a way to quantify what kind of more stririgent control you want_ It will work itself out in the process but you want to have some sort of langugge in the law there. That is really all I have on Chapter 97. I thhik as December 2, 2003 ~-,~ 27 Public Hearing-Chapter 97 a general comment, it is a little bit difficult-the situation that the Trustees aru in, in Southold, because in many of the other East end Towns there is a Board of Trustees that regulate the waterways and then there is some sort of Conservation Board or Conservation Advisory Council that regulates the upland construction and here the Trustees are charged with doing both and I noticed that an outcome here is that you are sort of, docks are almost unmentioned in Chapter 97, in fact other than being/nduded in the. definition, I think they are unmentioned and all the new regulations for docks would com~J, mder this' 6ther chapter_ It might be too much of a task at this point but [ wonder if the Trustees'ought to have examined the idea of amending, almost having two different chapters_ One xvhich would deal with all of the upland construction and one that would deal with all of the marine construction activities because jetties and groins and bulkheads are much more similar, the issues there are much more similar, the issues theru are much more similar than they are for docks than they are for all these other issues. It would actually resolve a lot of problems because a lot of the requirements that you have, you could then require for every application for a house or an accessour structure etc. Again, that is sort of throwing out probably abigger task that can be accomplished at this point, so I apologize for that but it just, after reading this and spending several kours reading it, it occurred to me that you really are trying to do a lot but I think the Trustees and Chris Pickerell have really done an outstanding job_ For people who don't und.erstand what is going on, the Town of Southold despite the popular conception is way behind Southampton and oth~ east end Towns in terms of their wetlands protection and these changes will jump you:all ahead a couple of decades. So, you should be corrunended for the effort and I hope the comments are constructive. Thank you. SUPERVISOR HORTON: Thank you, sir. Mr. Wills. FRANK WILLS: Good evening, my name is Frank Wills, [ live in Mattituck. I am here for two reasons, for myself, I live on the water and as a result of some construction several years ago, I had to move my house because we lost the beach_ So, I am in favor of any niles and regulations that will strengthen, tighten, eliminate loopholes on construction, either on the water or affecting the water_ And I am also here and was asked on behalf of the North Fork Environmental Council, their representative couldn't be here, who are also m favor of the approval of 97 and the other amendment. I won't read the letter but I will submit it to the Board to be included in the comment. SUPERVISOR HORTON: Thank you, Mr. Wills. Mr_ Samuels. TOM SAMUELS: Tom Samuels fi:om Cutchogue_ I just want to comment very briefly on Rob Herm~anns presentation and his analysis of the documents are just exemplary. It has to come fi:om someone who has to deal with these regulations all the time. I gave up trying to do that work myself some years ago. It is very time consuming, it takes a great deal of ka~owledge, a great deal of experience. He has it and his compatriot, Roy Haage has it and they have been before the Trustees many times. I have nothing but adiniration for the Trustees effoi~ts and I certainly support the preamble or the intent of the legislation_ I understand the Trustees fi'ustration with what they consideration substandard lots and these are lots that either have wetlands on then~, or are too small or pre-existing, non-confomfing or weren't merged or things like that and also tear downs on Peconic Bay Boulevard and other areas_ It is extremely frustrating for them and I can understand their frustration. The problem as I see it, is sirrular to other recent problems that we have had. What happens to the homeowner who owns a piece of waterfi'ont property and is restricted by these regulations and other regulations fi-om doing anything with the property?.. Now, the Town of East Hampton many years ago, December 2, '2003 Public Hearing-Chapter 97 many years ago, decided that if the Town and East Hampton has more Boards than you can shake a stick at, if all these Boards unanimously said you can't build on this property, than the Town of East Hampton is obligated to buy the property. Now, of com'~e a piece of property on which you cannot build does not necessarily have a high appraised value. So that gets into interesting legal questions which Mr. Yakaboski and the Assistant Attorney would love. But anyway, the problem is, how-do you say,a? Now, the beauty and the stretch of the Trustees in. all the east end Towns is sight specific decisiohs and the acknowledgement of the homeowners rights to use the property in some way. And almost always, and they are mihtant about protecting everyth/ng and that is why this ordinance is here. I have a thick file of legal decisions that have been made regarding waterfront property for many years but a laxvyer today can pick that up on his computer in no time at all_ But the question has to be again, at some point, if the restrictions are such and the Trustees cannot mitigate those setbacks let's say, or the san/taU system that is not 150 feet, what do they do? And they are up against it. Now, the Health Department has similar regulations but what does the Health Department have that the Trustees don't have? They have a waiver board_ So you go to the waiver board, this all takes months, years, believe me_ You go to the waiver board and you describe your situation and why you can't meet the specific laws that the Health Department in and they put these laws in, Bob Villa was champion of it many years ago, they put these laws in with the exact stone desire; to protect wetlands. And in my opinion, hthibit the development ofwaterfr0nt property. Be that as it may, it has been in effect all these years but when it gets to the waiver board, the waiver board has to make a decision oue way or the other_ Tlxey are loathe to say 'no, absolutely not', the DEC on occasion will do that, more often than not, they are overturned but occasionally' they win and I remember one case ~vhere the Judge ruled that yes, the property was suitable for bird watching and that is all. That was a rare case_ So, you come up against the hard case where individuals .are being unusually affected, xve just '*vent through a very traumatic, polarizing thing in this Town and it was the same argument. The Trustees have unquestioned jurisdiction over the creek bottoms, and they have used it very well, very ~vell indeed. They do a dam good job, They are tough to get along with, as a marine contractor but I have never quarreled with their decisions and I have no peer in my achniration for them. They are under paid and under respected for the time they put in and the eff~ort that they have made here. But again, it comes down to what do you do with a substandard lot? And I have had this discussion with almost all of the Trustees. Aud it is a real rock and a hard place as ~human being. To tell someone who owns a piece of property, you cannot do anything with it. Now,.they can mitigate it to the square footage of the houses, make the houses smaller or increase the side yards or increase whatever, and they do make those painful decisions on many occasions, I have sat and listened ad infinitum, to some of the decisions that they have to make which I don't think merit the time they spend on them, but it just goes to show you how conscientious they are about it. So what I am saying is, the regulations in themselves are desirable, where you come up is where you have a piece ot' property that was subdivided years ago and it has been in existance for a long time 5equ~ntly in the same families name and honor, they have seen what has been built around them and iris a ~.ery difficult thing to say to them, 'we have changed the law now and you can't do ',',that you want tO do, but here is what you can do' and that is what the Trustees are good at. It is called common sense and fairness and that is what it is all about. Now, do they deserve the teeth that are in this ordinance? Yes. I have no fear that the"y'will actually destroy the property rights of an individual parcel. I have no fear that they will do that in this Town. The Town has long been, since I have lived here since 1959, been in support of the townspeople, of the people that live in the Town_ Be they summer resident or year round resident. They have been supportive of the people that live in the Town and the Trustees have exemplified that dedication to the people in the Towu and to the watem,ays and m the Bays. And to the clamming and the bayman, they are a great December 2, 2003 ..... 29 ~' Public Hearing-Chapter 97 group. They are the oldest elected group in the Town. They predate you people_ At one time, they were the Trustees for the Town of Riverhead and Southold because there was no Riverhead, it was all Southold. That is the same people, the same five people originally started and they had a Chairman and they have done great and I have known a lot of them_ The first one that I really dealt with was Albert Goldsmith, a great Trustee_ First Trustee I knew in Southampton was Tom Ruinski,, great TrustEe_ East Hampton, Jim McCaffery, great Trustee. They all do the same job and these, I have_no quarrel with the regulations because they are going to use common sense and they are not goin~ to destroy the property rights of the people that they are reom.tlating, unlike some other agencies would like to do. But when you colne right down to it, the things that Rob Herrmann mentioned are the problems that these homeowners are facing and to make it as clear as possible, most of those recommendations and I am aware of all of them because I see property owners on the waterfront maybe six or seven or eight a week, I know what they go through, it is really tough. His criticisms, which are not meant as criticism but as examples of what he thinks would be a little better are all wall-taken, well-taken and I think he did a marvelous job of spelling them out, and I know the Trustees will take them into consideration. I thank them again for serving, as I thank the Town Board for serving_ Thankless jobs have to be done. Thank you. SUPERVISOR HORTON: Thank you, sir. Yes, sir_ PE'I~E BELL: My name is Pete Bell, I live in Cutchogue. What the speaker just talked about is situation that we faced, trying to save some, trying to save as we put it in our petition, saving East Creek from development, many of you probably s~gned our petitions. Where an owner of the property, who resides in Florida, went into ~regotiations with the developer, who attempted to build a humongous house on a piece of property that didn't call for it, didn't call for it at all. It was on Stillwater Avenue as you make a right mm, I think maybe you people are aware of it since many of you signed the petitions. We came before the Trustees many times and we were able to show the Trustees that the house that was proposed was not §uitable to the lot. He couldn't, at one point, I think he was 17 feet fi:om the road, that is where the house was going to begin, 17 feet from the road. So the Trustees kept coming back and telling them that the footprint was not right. And I have to commend the Trustees for seeing what we were trying to show them and eventually, the developer, who says he is the house owner came in with a final plan that seemed to lneet what the Trustees were able to come to an agreement with. But the problem is, there were so mm~y attempts at giving h~ or trying to acconm~odate these people just s'o that they could not lose their property_ If you have a piece of property that in effect, is going to disturb the environment, is going to cause a lot of disturbance of the wetlands and because this piece of property was at the head of the creek, at East Creek and what we couldn't see since we live along that creek, I mentioned 18 feet from the road, well ail the other houses on that side are 100 feet from the~road. So we are talking about one of these humongous mcmansions that the guy wanted to build there, so I think, I am in favor of this proposal, I think the Trustees need the power to say no_ They haYe to be able to say that this proposal does not fit. It is too. bad that the land that you bought 25 years agp on speculation and now you want to give it to a developer and he wants to make something out of~t and get the hell out after he sells it for $500,000, you know, you have got to be able to recog~fize ,~hese situations and say' that this proposal doesn't meets the Town's needs, doesn't meet the creeks needs and say no. SUPERVISOR HORTON: Thank you, sir_ December 2, 2003 Public Hearing-Chapter 97 TOM COOK: l will be brief. My name is Tom Cook, I am a stmmner resident, I don't know how many other smmuer residents of the Town of Southold are here, I live in the village of Southold, I am a taxpayer, I have owned property here for more than 10 years. I have been coming out here for probably 35 years now. My concern, and I do appreciate all the work the Trustees have done, my concern is that I was informed of this probably about 8 or 9 hours ago. I made it out here and I know that them was public nottce but in the short period of time that I was aware of this, I have cuntm:tecl probabl~ four or five other non-year round residents who do own waterfront property and they aflso concerned that anything would be enacted without proper representation. I mean, it is shocking that this thing came out, whenever, a week ago, whenever. And there are many property owners and taxpayers who are unaware of this_ So, my feeling on this then that no bill or nottfing should be passed until we contact or these people are aware of what is going on. That is my concern, kind of straight to the point. SUPERVISOR HORTON: Thank you. JEFF STRONG: My name is JeffStrong and I am from Mattituck. Ladies and gentlemen, I am a local business and homeowner who employs approximately 35 year round people in Southold and pays over $41,000 in real estate taxes in the Town of Southold. I have reviewed the amendments to Chapter 97 and~vould like to acknowledge the Trustees, who I have worked with many times, for organizing a very~horough and comprehensive review of this important law. In addition, the Trustees wereLvery pro-active in soliciting industry feedback, which I also appreciate_ I do have the following concerns which are extremely important to me as a business and homeowner of Southold Town. Number:l: On at least three occasions I have made requests for the Trustees to make a distinction in this Chapter 97 between recreational zone barriers and M-1 and M-2 areas, it does not appear that they have done so. Page 18, my second concern, 97-27-8A, construction and operation standards, the problem, to me is bulkheads under the recommendation, no new bulkheads would be permitted. Whether it be recreational, M-1 or M-2. No possibility_ Only in kind replacement_ I would suggest that this be amended for new bulkheads to be able to be considered in M-1 and M-2 zones. Concern tl-tree, page 18, 97-27-8F3, new bulkheads in creeks and bays are prohibited unless the operation includes construction of a low sill bulkhead_ The problem, new bulkheads should be considered for permission in M-1 and M-2 zones if wetland swaps are to be accomplished, explain that a little bit further. Concern four, 97-27-8F4, problem, machine excavations are prohibited in marsh areas. Should be able to be considered in M-1 and M-2 zones if wetlands swaps are to be able to be accomplished. Page 19, 97-27-1 lA & B, dredging_ Problem, dredging in close proximity to salt marsh is prohibited. Should be allowed in M-1 and M-2 zones if wetland swaps are able to be accomplished_ These items are extremely important to our marina and our industry. We are an exceptionally envh:onmentally sensitive company and this is important to the success of our business. There has been a clear desire by the Town Board and the Trustees to try and consolidate new boating activities on Marine zoned properties. To eliminate the possibility for dredging and new bulkheads on marinas own properties is equivalent to eliminating new vines or new potatoes on a farm_ This is unacceptable and would significantly harm our business_ I do understand the concern of not decreasing wetland grasses that are helpful for cleansing our waters, our industry and our business is extremely cogatizant of the fact that clean water is good for the environment and good for our business. In many other areas of the country, Trustees have established guidelines for marine zoned properties that allow for moderate expansion by creating wetland swaps. For example, if a marina needs to dredge an area to add five slips and there will be 100 square feet of wetlands, the possibility should exist in marinas own properties to replant December 2, 2003 ..... 31 Public Hearing-Chapter 97 those 100 square feet of wetlands in another area of the Town that is acceptable to the Trustees. This is a very similar idea to the transfer of development rights. Please get back to me at your earliest conveulence to address my concerns. If you desire, [ would be happy to meet with the Town Board or the Trustees to further explain. Thank you for your consideration. If you have any questions, I would be more thau happy to address them. Thank you_ [ did highlight specifically attached to that also,- that correspondence. Thank you. SUPERVISOR HORTON: Thank you very much. Yes, sir. KEN RUSCHIN: My name is Ken Ruschin, I am a resident of Peconic, Indian Neck_ We are waterfront property owners and have a dock and bulkhead. I have no objective or axe to grind other than that was outlined in the preamble and by Mr. Krupski. However, in reading thoroughly the proposals for Chapters 97 and 32, I do have a problem with a number of the details. There has been a lot of time taken tonight on those details, I don't intend to plow over all of that again. I do ask that the Board hold open the comment period because there have been a lot of details brought up on this legislation_ Having been involved with producing legislation in a prior life, I know how difficult it is both for the Town Board and the Trustees and for their advisors_ I would l~e to point out though, one detail that does bother me and I haven't heard it mentioned so far tonight and that is the Chapter 97 paragraph 22-D, entitled consultant fee, and in there it asks, gives authority for the Town Trustees to charge the applicant for the Trustees. own cousultant in case they want to delve into the matter beyond any expertise that the Trustees have themselves_ I don't find this acceptable as a homeowner, as a taxpayer, most of us have already paid when we applied for any kind of wetlands permit for professional help because just lik, your income ta~ it is beyond the 'average citizen to Mndle. Howexrer, not lfice the income tax Where IRS would challenge you and yom- filing, you would not be asked to pay for their lawyers to challenge you_ So, I do ask that both Boards keep this comment period open. Thank you_ SUPERVISOR HORTON: Thank you, sir. Yes, ma'am, m the back. JAY MCKASTY: How do you do? Can you hear me° SUPERVISOR HORTON: Yes, [ can hear you- MS. MCIC~STY: My name is Jay McKasty, I live in Orient, I live near Hallocks Bay but I do not live on Hallocks Bay. I am here tonight to address the Board concerning the baykeeper, Kevin McAllister, urging you as a Board to come out in favor of stopping the County of Suffolk from dredging or opening up the mosquito ditches that it owns. And that came out of the Suffolk Times. I happen to now that ()dent has its own mosquito ditches and it hag plenty of ditches out there. [ had occasion after I read Kevin's article, to get a copy of the Washington Weekly summary'. Now, that is a Washington Post newspaper. In it, it had an attic[e about Bivalve, New Jersey. Bivalve, New Jersey is in southern New Jersey, it is a marsh. It is a town that actually exists and 1 have it on the map here. They have plenty of ditches that they have not opened in many years. Fifteen years ago, they opened those ditches and by domg that, they substantially increased the blue crab population, the mummy or feeder fish population and every kind of wildlife that lived off those mosquito ditches or drainage ditches as they call them. So this has, my comment tonight has nothing particularly about docking and December 2, 2003 Pubhc Hearing-Chapter 97 marina buildings or houses with docks but it is important to note that this is a project that has worked as far as keeping mosquito ditches open rejuvenating the Bay. Thank you very much. SUPERVISOR HORTON: Thank you very much. We will report again, this is a public heating on'the specific legislation, we will be happy to take comments on other town related issues after the public hearings~on this specific legislation. .... RUSSELL MANN: 1 am only going to take a minute or half a minute. Russell Mann, I live in Southold. I am looking at resolution V 762 on page 5 item number 6, all docks and floats shall have the appropriate permit number permanently affixed to the most seaward face for identification. I don't understand what that has to do with preserving wetlands, and also in the same sentence, the same paragraph it says: all fixed docks 50 feet or longer in length must be equipped with a US Coast Guard regulatory navigation light at the seaward end of the dock I also don't understand what that has to do with preserving the wetlands. And if you pass this, I think that paragraph should be eliminated. SUPERVISOR HORTON: Thank you, Mr. Mann. I think that references Chapter 32 for the record. Yes, ma' am. MARY DEMPSEY: Good evening, my name is Mary Dempsey, I live in Baiting Hollow. I workfor the Suffolk County Division of Vector Control. I have been there tbr a little more than a month as a biologist. I would just ask the Town Board if they could keep the record open, my boss Dominic Ninivaggi is at a conference right now and he would like time to review and comment on this mai2t~ er. Thank you. SUPERVISOR HORTON: Thank you. Are you referring to mosquito ditching? I am aware of that. MS. DEMPSEY: I believe so. SUPERVISOR HORTON: This is not a public hearing on the Suffolk County Vector Control mosquito ditching issue but I will certainly make sure... MS. DEMPSEY: It ~s on what is included as exceptions and permitting. That is what I am referring to. SUPERVISOR HORTON: Alright, thmxk you very much. We will make sure that Ivlr_ Ninivaggi is kept abreast. Thank you. Yes_ CATHY TOLE: Good evening, Cathy Tole in Greenport. I am certainly not as well versed as many of the people are here on the full legislfftion however, in my read of~t, two things seemed to kind of pique my interest. At one point, I believe the LWRP had a mention of increasing setbacks for cesspools near the waterfront to 150 feet, it had been ch'opped at so~e point during the process, I don't kasow why. l have made some inquiry and couldn't fred out why. And why it certainly can not be a hard and fast rule, it seems that it is something that I would request that the Trustees address and I will give specific reasons why it is of interest to me. When I owned a house in another location within the Town, I literally saw effluent perking to the surface fi.om cesspools that had been sited improperly in my view, there were other locations on property that would have been further from the water probably would have prevented this and if there is enough tidal water that perks this up, whatever is being December 2, 2003 '-~- 33 '~- Public Heating-Chapter 97 perked will mn back out to the wetlands xvhen the tide recedes_ I kind of think that is logical, I don't think I need to be a hydrologist or anything to determine that. Moving cesspools, were possible, farther away would certainly be a benefit to the Trustees primary goals. The other example is, I spoke to a developers hydrologist, happened to be on the site doing a test hole of some sort and I casually engaged-him in conversation, I said, 'with the clay table here, how can you site cesspools?' and witha wink he .said, ~we will get around that'. It is not something that should be gotten around, it was~_ obviousl~ a'problem on tiffs site and again, at least to move it a little further away fi-om active wetlands would be a benefit_ However, I do realize that there has to be some level of grandfathering considered and I am not sure how to create that balance but I think it is something that needs to be considered by your Board and by the Board of Trustees. And tiffs is obviousIy a massive task that you have done an incredible job with. Vffhat was mentioned by the prior speaker as far as the burden of hiring the Town's consultant, l guess many developers can pass that cost along to whoever is going to buy the property after they get on their horse and leave town. k seems to me that the cost of government doing business is that government pay for the business that they do. It is reasonable that the individual attempting to develop, either a private individual or a corporation hire their own consultant but it seems to me that that can be an excessive burden, especially on individuals who are not passing along the cost of also pay/ng for the Town's consultant. We know it can be prohibitive, we have seen many resolutions that th/s Board has passed to give, to set aside money to hire these people. Well, it is being done in_order to protect all of our interests and I believe that we all should pay for that process. Yes, it may increase my taxes but that is the reality of the government doing the business for the people that we pay for it_ Thank you. I do have an idea of how much money mhd it is a big burden that the Town can bear~ that we can all beat- bctte~,, in my opinion and I think I havre the right to that opinion, q?he other thing doesn't have to do spe~cifiEally with the Trustees, it has to do with many of these things that happen and that is that due process concept that has been brought up. Man), people don't read now the Traveler-Watchman, most people from this Town subscribe to a different local paper, it is very hard to keep up to snuff. The website doesfi'~t do it well enough, not everybody can do that. I believe that it is appropriate to require the Town to do the same due process that the Town requires individuals to do. If I want to develop my property., I have to notify my neighbors because it ntight impact their property and it seems that the Town should do the same courtesy when they at'e affecting other people's property that they do notice. And I[just ask that people be notified of the changes that might affect their property. Again, the grandfathering thing is important, the setbacks are important and due process, I believe, are in~portant. But certainly the Trustees have an incredible, incredible job here because there is probably nothing more important to the character of the Town of Southold than its wetlands and waterfront_ Thank you_ SUPERVISOR HORTON: Thank you. Yes, sir_ UNIDENTIFIED: Can you hold on for a second for the tape? SUPERVISOR HORTON: Yes, certainly. There is good reason to hold for the tape_ JIM BAKER: I am Jin~ Baker from New Suffolk. I have an observation about Chapter 97 rewrite. I would imagine that if a new subdivision or something that would come under the purview of this Chapter involved the construction of a highway or a road, that certainly the impacts of that road or highway would be included. I didn't see anywhere, however, in this wetlands protection act protection for operation and maintenance tbr existing highways. Town highways, local, County, State. I was just December 2, 2003 Public Hearing-Chapter 97 wondering was that an oversight or is that handled under a different set of laws? I mean, that is my concern, that the existing highways should be, the operation and maintenance of e~sting highways should be covered under some sort of wetlands protection and the Trustees should probably have jurisdiction over that as well. SUPERV:KSOR HORTON: Okay, thank you, Mr. Baker. Are there other comments from the floor?~-_ Yes, Ivlr.~ickles. "~ JOHN NICKLES, JUNIOR: Good evening, John Nickles, Jr. Southold_ I have read through this Chapter 97 amendments that we are looking at here and the way that I read this, when you get to the section where it says, D setbacks, I have been trying to figure out what actually these setback boundaries are? It will say, setbacks; wetland boundaries, residences 100 feet; accessory structures 50 feet; driveway 50 feet; and then if you go to the definition of a wetland, it says that a wetland is three different things. And number three, a wetland is also considered all the land immediately adjacent to a tidal wetland as defined in subsection E-2 and lying within 100 feet landward of the wetland boundary_ So my question is, are we creating a 200 ~bot setback for a residence because a wetland is considered 100 feet landward of the wetland boundary? Where does that wetlands setback start from? It was my impression as this process started up about a year ago that we were just going to codify some of the pohcies that the Trustees had been operating under_ One ofxvhich, I think was 75 foot setback for tidal wetlands~100 foot setback for bluffs, but this definition where it says, 'all land immediately adjacent and within 100 feet landward' so that is, there [sa wetland boundary, then it is 100 feet towards the street is~t/ll considered a wetland, so then a wetland setback for a residence, as I read this, would be 200 feet back. Now, maybe I am not reading this correctly but that is a big concern I have because if that is the case, then probably most of these waterfront l~ots that exist m the Town of Southold that have a 200 foot setback are all going to be pre-existing, non-conforming and you are not going to be able to do an3?rhing to them. Whether you have an existing dwelling there or nothing there at all. You are not going to be able to change anything and this is going to have a big' impact, in my opinion, if I am reading it correctly_ So that is my tn:st concern_ The related concern that [ have on Chapter 97 is this subjective abil/ty for the Board of Trustees to rese~,e the right to waive or alter the setbacks at their discretion. Now, I understand that it has been the policy of the Trustees to make allowances for those average setbacks, your neighbors are within 60 feet of a wetland or something tike that, so they let you do that. And if that is what that means, I think that is fine. But if it also means that well, there is an additional set of circumstances and law of the land, if it is 100 feet setback it is not going to apply to you, Nh:. Taxpayer, the law of the land is going to be subject to what I happen to think about this particular appl/cation and in these set of ch'cumstances, you are going to be back 200 feet or 150 feet. I think these are serious concerns. I hope that they are just me, misunderstandh~g how this is read. I hope that that is the case, but perhaps maybe the Trustees can clarify that at some point and I reserve the right to speak on Chapter 32_ Thank you. SUPERVISOR HORTON: Thm~ you, sir. Would anybody else care to address the Board? Yes, Mr. Pickerill CHRIS PICKERILL: I am Chris Pickerill, I work with Cornell Cooperative Extension, a M[arine Program, wetlands specialist. I have a lot of comments but I am going to make them brief because a lot of them have been covered by A1 and others. But it, I think it is important to go over the process here and understand that this wasn't a closed door policy type of thing, work began on the moratorium, December 2, 2003 35 .... Public Hearing-Chapter 97 our work began soon after the moratorium was enacted on January 2003, it involved reviewing existing Trustee policies with the intention of folding all these time tested approaches into the new code. So as' Al has mentioned and other people has mentioned, the policies that were existing that seemed to work. for years and years and one of the biggest things that we wanted to get those into the code, they worked, they were time-tested, why not put those in there? After we had completed that process, we presented that to you at a work session, we went on to deal wit~ other inadequacies in the code that-~- have comemp in recent years. So with this Board and previous Boards as well because Al's memory~ - goes quite a number of years back. In addressing these concerns, we looked to how other Tox~m's m the region addressed similar problems; so we weren't out to reinvent the wheel, we wanted to do what was realistic. We looked at Southampton, East Hampton, other Towns, what have you to deal with these. I would mention that all of our meetings were advertised in the local press and were open to the public. In some cases, we alyproa~ched specific constituencies such as dock builders and env/ronmental consultants and some of them are here tonight and we did take some of their considerations into our drafts_ Some maybe we did, some:maybe we didn't, depends on what the Trustees felt about that issue and I would also like to say for the record, we did not set out to impose any radical changes, sweepIng reforms but rather our intentions was to give the Trustees all the tools they needed to do what they were elected for. Actually, on the contrary, if you really look at this thing comparing it to other Towns, you could argue that we d~d not go far enough. And I am not arguing that myself, but someone could sayXhis. We did not increase.the Trustees jurisdiction; it is still 100 feet, 100 feet. People were for 150, other Town's have 150, East Hampton, Southampton. The DEC is 300. So we kept it to 100r.~ If we went to 150 that would add ~0% to the amount of area that is being regulated, so we weren't looking for that or the Trustees weren't looking for that. And things like something as simple as a CCA ban, the Town of Southampton juat bauned it outright. The Trustees met with the marine contractors and said what do you think about th/s, is it realistic? And they said ~no' what about structural materials? So those kind of things were dealt with and I think it is important to note that the Trustees, there was some give and take there and they did solicit comments from various user g3'oups. Things were posted in the papers, so people have to read the paper. And that is about it, I am eager to address these changes, it sounds like a lot of good ideas. I am looking forward to making some of these Changes. Everybody Icnew it wasn't going to go through tmfight, that was for sure, so hopefully it will get through at our next hearing_ Thank you for allowing me to be involved in the process. I really am honored to be involved and I hope that I have serried the Town well. Thank you. SUPERVISOR HORTON: Thank you, Chris. Are there other comments from the floor? Yes, Mr. Lieblein. WILL LIEBLE1N: Will Lieblein from Ca'eenpotx_ I just want to reiterate what Mr. Strong had to say, I salute the spirit of thxs but I th/nk that consideration needs to be ~ven to the fact that M-l, M-2 is a very different, the realities that we face'are a little different than a homeowner. And how it will economically impact our business is too important to not give it some attention separately_ The only other thing that really just jumped out at me in all of this was the consultant fee, xvhich I won't belabor because someone else has ah'eady covered it. But I almost can't forgive my own ignorance, not 'knowing that all of this was going on around me and [ didn't lo, ow. It was too important for me not to have known, so with that being said, I would appreciate if perhaps myself, Mr. Stxong and at least half a dozen other marinas that I know of could be at least brought into the discussion and told when we can voice our input specifically to all this. And I will just leave it at that. Thank you for your true. December 2, 2003 ...... Public Heating-Chapter 97 SUPERVISOR HORTON: Thanks, Will. hearing, wetlands code? Yes, Mr. Costello. 36 Are there other comments from the floor on tiffs public MR. COSTELLO: First of all, I think it is a document that needs to happen. Chapter 97 needs the attention, this Board needs it as a tool, the citizenry need it as a tool and the Town of Southold would be the only beneficiary. The entire Town. We need it as a tool. There is some refinement that needs to be done and I only hope that the minor refinemants are taken into consideration, completed and then adopted. It is not going to be perfect. It is no stretch of the imagination. I only hope that it is treated as a living document and it is rex4ewed, possibly once a year and refined again so that it works better and better for everyone. The scary thing in my business and I am a marine contractor and have been for 41 years is policies. Policies change like the temperature, like the wind. Different Boards have different policies. I will be so glad that a positive thing of codifying this legislation so that everyone can follow it, is the intent that wilI certainly help everyone, marine contractors, homeowners, the Board and this Board and everybody else in Southold Town. The other thing that makes this scary, a few paragraphs in here that I feel are totally arbitrary. Please eliminate the arbitrariness in some of the paragraphs. Fees are typically one. If it has an effect that it can pull in accountants and they can pull in advisors, they can pull in any experts. Everything has an effect_ The next person that moves out here has an effect_ More cars, more traffic. It has an effect. Don't leave it so that arbitrary decisions can be made. Just make_it so the decisions of the Board, the Board of Trustees are only going to fairness. If-they can act as they have been, acting as fair as they can. They don't have the tools and'~, neither do I_ Neither does anyone in Southold Tox~m have the necessary tools. Please, work to give them the best tools that you can. Thank you. SUPERVISOR HORTON: Thank you, Mr_ Costello. Are there other comments from the floor on this public heating'? Mr_ Krupski_ AL KRUPSKI: Albert Krupski, Cutchogue. First really I would like to thank everyone for coming tonight_ This has been a public process, we have taken a lot of input from a lot of different people and really that is the way that it should be_ But I would like to address a few of the concerns that I heard mentioned tonight, one was about recreation as the reason to protect the public resource and you know, that really says it all. It is a public resource, we are protecting the property rights of the public in this case, to use that resource and that is one of the really in~portant components of this code. Another comment was that lack of notification. We had a public hearing as a Board in July because we really wanted to make sure that everyone would be around and everyone could put input when it was convenient tbr them and as early as possible. We had cormnents from two marina owners, ivir. Strong and IVir_ Lieblein, differentiating between the M-1 and M~2 zones and residential, those comments are well taken, you made them in the summertime, they are defined in Chapter 32 and they are not in 97 and those counnents make a lot of sense_ The Board had always treated marina use differently for residential and for good reason. My neighbor here in Peconic, on Indian Neck, Mr. Ruschin is it? He addressed the consultant fee, to give you an example of what could happen or what has happened is, I don't exactly where you live on Indian Neck but just say your neighbor proposes to put in a guest house, he is going to fill it into tidal marsh in front of his house, put up a 2 !~ story guest house about 6,000 square feet and put a cesspool next to it, these things now, the Town should not be responsible and bear all the burden for reviewing this kind of application where obviously there is a huge problem with it and at the Board's discretion the Board should have the option of hiring a consultant. Now this person, who is going to want to do some kind of outrageous project in the wetland area, is already ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MAR RIDGE OFFICER RECORDS 1VLa-NAGEMEIqT OFFICER FREEDOM OF INFORMATION OFP'ICER Town Hall, 53095 Mnin Road P.O_ Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou~holdtown_nortlffork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 761 OF 2003 Vv'AS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 18, 2003: svm~,REAS, there has been presented to the Town Board of the Town of Southold, Suffolk CotmW, New York, on the 18th day of November 2003 a Local Law entitled "A Local Law in relation to. Amendments to Chapter 97 'Wetlands and Shoreline' of the Code of the Town of Southold" now, therefore, be it RESOLVED that the Town Board of the Town of Sonthold will hold a public hearing on the aforesaid Local Law at the Southold Toxxax Hall, 53095 Main Road, Southold, New York, on the 2nd day of December 2003 at 8:10 o.m. at which time all interested persons will be given an oppornmity to be heard. The proposed local law entitled, "A Local Law in relation to Araendments to Chapter 97 'Wetlands and Shoreline' of the Code of the Town of Southold" reads as follows: LOCP~L LAW NO. 2003 A Local Law entitled "A Local Law in relation to Amendments to Chapter 97 'Wetlands and Shoreline' of the Code of the Toxxm of Southold" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The Tox~m of Southold possesses a rich lxeritage of scenic, historic and natural resources which are vital to the town's sense of place and to its economic success as a commmiity. The upland acreage of Southold To,m, including Fishers Island, is approxhnately 34,369 thousand acres with approximately 163 linear miles of shoreline. This acreage is bounded to the north by the nationally recognized estuary of Long Island Sound and to the south by the nationally recognized Peconic Bay Estuary. Trustee jurisdiction under the Andros Patent encompasses more than 2,000 acres of underwater lands, not including Sound and ba3~ont oxm~ed by the State of New York. The local economy is based on two traditional industries and a third, newer, but strong industry: fainting, recreational and commercial fishing and tourism/second homes. The economy is based squarely on a unique, extraordinarily beautiful m~d productive enviro~maent that is both fragile and sensitive. Protection of that environment therefore is of ntmost importance to the Toxxms financial health and lnng-tenn future. The comprehensive planning objectives of the Toxxm of Southold m-e: 1) the presetwation of Natural Resources; 2) preservation of Open Space and Recreational Space; 3) preserx~ation of the Rural, Cultural, Commercial and Historical Character of the Hanalets and Surrounding Areas; and 4) the preservation of farmland and agriculture. hq August 2002 the Town of Sonthold adopted a moratoriun~ on the review and granting of major and nfinor subdivisions mxd approvals for multi-dwelling development. The purpose section of that moratofitun stated in part that "The Town Board finds that increased growth and development within the Town of Southold are placing severe pressure on water supply, agricultural lands, open and recreational space, the rural character of the community and natural resources located within the Town." One of the primaw tools implemented by the Town to protect its natural resources is Chapter 97 (entitled "Wetlands") of the Southold Town Code. The existing iaws and procednres set forth in Chapter 97 should have the practical effect of ensuring that new development and redevelopment are in accordance with the Town's compreheusive planning objectives. Unfortunately tlxe practical reality is that the laws set forth in Chapter 97 did not have the effect of protecting wetlands and wetland boundaries. Two critical studies and analysis wltich include the Town's wetlands, wetland boundaries and natural resources are 1) the Town's Local Waterfront Re~Sralization Program (LWRP) and 2) the Peconic Estuary Comprehensive Management Plan. .hfter years of study, fact gathering and writing, the LWRP for the Tox~m of Southold and the Compreheusive Peconic Estuary Management Plan have been adopted. The LW-RP is a comprehensive plan for the entire Tox~m. As waterfront land has, in certain instances, been inappropriately developed, Town waters and habitats have been negatively impacted. One example of this is the closure of shell fishing areas such as Mattitack Creek and James Creek due to an increase of coliform bacteria from septic systems and stormwater runoff, to name just two sources. The Board of Trustees and the Town have used the moratorium t/me during the year _00.~ to evaluate the current status of the wetlands areas and regulations in order to minimize damage from erosion, turbidity or siltation, saltwater intrusion, loss offish, shellfish or other beneficial marine organisms, lost of aquatic wildhfe and vegetation and the desmaction of the natural habitat thereof, to minimize the danger of flood and storm-tide damage and pollution, and to otherwise protect the quality of wetlands, tidal water, marshes, shorelines, beaches, dunes, bluffs and natural drainage systems for their conservation, ecological, hydrological, economic, aesthetic, recreationai and other pubhc uses and values, and further to protect the potable fresh water supplies of the Toxxm from the dangers o f drou~at, overdraft, pollution from saltwater intrusion or inappropriate land uses and misuse or mismanagement.. The Town and the Board of Trustees have considered and implemented the LW~,-P and the best land use techniques for protecting its waterfi'ont resources. This moratorium addressed the fact that new growth in the form of new structures on existing waterfront lots and underwater lands poses a sin~ilar potential to impair the Town's unique emfronment, geology and hydrology. Many of the Town's existing waterfront lots, whether they be vacant or developed, residentially or commercially zoned, do not conform to current zoning in that they are smaller than the minimum required acreage. Therefore, the development and redevelopment of these lots is of ntmost concern becanse these activities have the potential to cause further harm to the coastal environment. Tiffs moratorium has enabled the Town and the Trustees to focus on crafting and implementing a strategy and a working code to ensure that the comprehensive planning objectives of the Tox~m are met. This is necessary in order to protect the character, natural resources and enviro~m~ent of the Town of Southold and the public health, safety and welfare of Toxxm residents. II. Chapter 45 of the Code of the Town of Southold is hereby amended as follows: Chapter 97, WETLANDS AND SHORELINE GENISRAL REFERENCES Boats, docks and wharves -- See Ch. 32. Enviromxtental quality rex4ew -- See Ch. 44. Flood drainage prevention -- See Ch. 46. Shellfish -- See Ch. 77. Soil removal -- See Ch. 81. Zoning -- See Ch. 100_ Subdi~4sion of land -- See Ch. Al06. ARTICLE I, General Provisions ~ 97-10. Title. This chapter shall be known and maybe cited as the "Wetlands Ordinance Laxv of the Town of Southold." ~_97 13 97-11. Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. 5Vhen not inconsistent with the context, words in the present tense include the future; words used in the plural number include the sin~dar number; and words used in the sin~m, tlar nm~ber include tlse plural nmnber. The word "shall" is always mandatory and not directory. ACCESSORY STRUCTUR~ A buildinz or stmctm'e detached fi:om a princiCal buildin,* located on the same lot as and customarily incidental and subordinate to the principal build'me. AESTHETICS - The natural intrinsic appearance of a site or obiect h~ the context of surroundine land use. views, viewsheds and vistas important to the cormntmitv. ADMINISTRATIVE PERMIT -- A permit intended to provide an expedited review for proiects that are deemed consistent with the boards l>olic¥ re,,oarding protection of wetland resources. AGRICULTURE -- The production, keepin,* or maintenance, for sale, lease or personal use. of all plants and animals useful to man, includin,* but not limited to forages and sod crol~s; erains and seed crops; dairy mfimals and dairy products; 13oultrv and poultry products: livestock, includine beef cattle, sheep, swine, horses, ponies, mules or ,*oats or any mutation o£hvbrids thereof, including the breedin,o and erazine of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, inclndine ~al3es, nuts and berries, vegetables; floral, ornamental and m:eenhouse products; or lands devoted to a soil conservation or forestry manaeement 0to cram. APPLICANT -- The patXv applvin=, for permits or other approval pursum~t to Chapter 97. APPLICATION -- The comrdeted form or forms and all accompan,,Snz documents, exhibits, and fees req~uired of an applicant pm:suant to Charter 97. AOUACULTURE -- The raisine or cultivation of nursery spa~xm shellfish in artificial containment systems in, on or off bottom. AS-BUILT PLANS -- Plans prepared to scale by a licensed surveyor detailin~o any and all operations conducted accordina to a valid permit. BAY - Cutcho,oue Harbor, Gidds Bay, Great Peconlc Bay. Hallocks Basr, Hoz Neck Bay, Little Peconic Bay, Lont Beach Bay, Orient Harbor and Southold Bay. BEACH-- The zone of unconsolidated earth that extends landward fi'om the mean loxv water line to the seaward toe of a dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward ora beach the landward linfit ora beach is 100 feet landward from the place where there is a marked chan~e iix material or phvsio~aphic form from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. BLUFF --Any bank or cliffwith a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit [s twenty-five (25) feet landward of the recedin~ edge or. in those cases where there is no discernible line of active erosion, twenty-five (25) feet landward of the point of inflection on the top of the bluff. The "point of inflection" is that point alon~ the top of the bluff where the trend of the lan.d slope chan~oes to be~in its descent to the shoreline. BOARD -- Unless otherwise indicated, the Board of Trustees of the To~*m of Southold. BUFFER AREA - A defined area landward of a jurisdictional (e.~. wetland, coastal erosion hazard, bluff'} boundary measured as a linear distance, perpendicular to said boundary_ BULKHEAD -- A structure or barrier the intended use for which is to separate and act as a barrier between em~hen material and water. CLEARING -- Cuttino, doxxm, felling, tlinmin~, lo~dn~ or removing, killing, destroying, voisotfin~o, rin~barkino~, uprootin~ or bumina ve.o_etation, severino,, toppino~ or loppint branches lin~bs stems or trunks or substantially damao, int or injurin~ in other ways that would cause or contribute to the death or affect the survivability and m:owth of vegetation. CLERK -- Unless otherwise indicated, the Clerk of the Board of Trustees. COMMERCIAL AGRICULTURE - Am:iculture (See above) intended to earn an income. CONSERVATION Protection in natnral or existin~ condition. CREEKS - Broadwaters Cove, Brushes Creek, Budd's Pond, Cedar Beach Creek, Corer Creek, Dam Pond, Deep Hole Creek, Down's Creek. East Creek, East Harbor, Goose Creek, Goldsmiths Inlet. Cmll Pond. Halls Creek, Hashamomuck Creek, Hawvaters Cove. James Creek, Jockey Creek, Little Creek. Lnn,* Beach Bay, Mattituck Inlet. Mud Creek, Pipes Neck Creek, Rictuuond Creek, Town Creek, West Creek, West Harbor, West l_ake, Wickham Creek and Wtmnewata Pond. CRITICAL ENVIRONMENTAL AREAS -Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond. Downs Creek, Orient Creek, West Creek. Richmond Creek and Beach. Brush's Creek, Cedar Beach Creek, Core¥ Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek. Little Creek, Mill Creek and Pipes Cove Creek. DECK - A structure and/or platform without a roof that is either freestandinz or attached to a building supported by pillars and/or posts constructed of various materials. DECKING Horizontal structural components of a dock, deck, pier or other shoreline strncture intended to be walked upon. DOCK - ?my permanent or seasonal structure, except a building, located or proposed to be located on lands abuttin~ or comprised of freshwater or tidal wetlands or connected to a bul ~khead or the upland and extendin~ over the water's sm-face, desi,oned to secure vessels and provide access from the shore to a body of water. For the purpose of this chapter, this term shall also include the associated structures necessarw to cross wetlands and adjacent natm:al areas. The term "dock" includes the terms "whal-ves," "piers," "fixed docks." "floatin~ docks," "floats" or "catwalks". DUNE, -- A ridge or hill of Loose, windbloxxm or artificially placed earth, the prhmipal component of wkich is sand. FUNCTIONAL BULKHEAD -- A bulkhead that is at least 75 % physically intact and servin~ the purposes it was desi~oned for. FUNCTIONAL JETTY/GROIN -- A iettv or ~oin that is at least 75 % physically intact and servin~ the purposes it was desi~ned for. GROIN - A manmade barrier perpendicular to the shoreline used to chanae the natural littoral dr/fi, prevent erosion, maintain inlet entrances, or protect an area from wave enerav. See Jetty HARVESTING - The gathednz or collectin~ of natural resources and orzanisms. HORTICULTUKE The raisin~ ofplants (See A~oriculture). IMMEDL~TE PROJECT AREA -- The minimum area required to allow access to the site by the machinetw conductint the operation. JETTY - A mamnade barrier pemendictdar to the shoreline used to chanue the natural littoral drift, prevent erosiom maintain inlet entrances, or protect an area fi:om wave energy. See Groin. EX[PERVIOUS SLrRFACE - Any hard surfaced, manmade area that does not retain or absorb water includine but not limited to buildinz roofs, paved parkin~ lots and dxivexvavs, sidewaiks and other paved areas. LANDWARD -- In the opposite direction from the water or wetland. LOW-PROFILE JETTI]ES -- The definition of a low profile Jetty is site specific, bnt typically is a structure no hl~_~her than 18-24" above existin,~ soil or sediment ~rade. LOW-SILL BULKHEAD -- A subtidal strncture desimaed to stabilize the toe ora slope or shore and often associated with boat basins or other navio_able waterways. MANMADE POND - An constructed inland body of water includino,, but not limited to lined and un-lined irrieation ponds and ornamental ponds. MAINTENANCE DREDGING - A dredkdne project will be considered maintenance dredt, in~ if there is documentary exSdence that it has been previously dredo_ed. MATERIAL -- Soil, sand, stone, gravel, clay, bog, peat, mud or any other material, organic or inorganic. IV[lEAN HIGIt WATER (MHW) - The averaze of ail the water heifl~ts observed over a 19 year period. MEAN LOW WATER (MLW) - The average of all the low hei?~hts observed over a 19 year period. MOORING - Anchorint for ~eater than 24 hours. NON TURF BUFFER AnY pervious, material allowine for percolation of surface runoff into the soil, Examples inclnde: wood chips, mulch, eravel, and sand. Plantings in this area may include American beach m-ass. Salt hay m-ass, or native warm season ~asses such as Little blnestem or Switch.re'ass. Other native sl~ecies reconnrtended include: Seaside aoldenrod, Vireinia creeper, Beach pinm, Black cherry, Northern bayberry and Pitch Pine. Fertilizers may not be used within the non turf buffer area. OPERATIONS: A_ The removal of material from wetlands. B. The deposit of materiai on wetlands. C. The erection, construction, akeration or enlargement of any building, dock, pier, xvharf, bulkhead, jetty, groin or other structure, temporary or permanent, on wetlands. D. Removine or otherwise affectine the ~rowth of plants. ORDINARY AND USUAL MAINTENANCE - Actions which are required to preserve in a condition or state of equivalent quality to that which was approved or required by l>ermit. ORIGINAL STRUCTLrRE The earliest known, permitted or otherwise documented structure. PATENT LANDS - All uplands and underwater lands owned in fee title by the Trustees by virtue of the Andros Patent (October 31, 1676). PEAK LUNAR TIDES -- Those excessively high tides or spring tides caused by lunar gravitational phenomena. PERSON -- Any person, ftrm, partnership, association, corporation, company, organization or other legal entity of any kind, including mmficipal corporations or governmental agencies or subdivisions thereof. PIER - A fixed structure to secure vessels, unloadin~ or Ioadint persons or vropexxv or providin~ access to the water. See Wharf PIER LINE -- The averaee seaward projection of one or more existin~ permitted docks, ~iers, wharves or floats. The average seaward l~rojection is calculated bv addine the len~h of all docks within the immediate area and dividin~o by the number of said docks. PLATFORM -- See Deck POND -- An inland body of water. PROACTIVE RESTORATION -- Restoration not associated with compensatory mitigation or the regulatory requirements. RESIDENTIAL - Associated with a sintle or multivle family home apartment or condominimn, excludint marinas and pubhc property. RESIDENTIAL HORTICULTURE -- The raisin~ ofplants for ornamental purposes on residential lots. RESOURCE BUFFER ,ad~A A buffer area with specific quantifiable natural resource value. RETAINING WALL -- A bulkhead lm~dward of the wetland boundary. REVETMENT -- A shoreline hardeuin~ structure landward of the wetland boundar~ typically constructed of rock or stone. RIPRAP - A laver, racine or protective mound of rubble or stones randomly placed to prevent erosion, scour, or slou?_~hine of a structure or emban/~nent: also the stone used for this purpose. SETBACK -- The minimum distance by which by any building, structure or operations must be separated fi'om a iurisdictional line. SI-[EATHING - Vertical structural components of a bulkhead or retalnin~ wall necessary to keel~ soil and sediment from l~assin,o through the structure. SHORELINE STRUCTURE -- Any obiect constructed ofmanmade or natural materials on the shoreline SILT BOOM -- A structure deployed xvitlfin the water column that is desimaed to prevent passaee of suspended sediments and contaminants fi.om spreadin~o fi.om the immediate project area to surrotmdin~ waters. Properly installed, silt booms completelv surrounds the project area. SOUND - Lone Island Sound, Fishers Island Sound and Block Island Sound SPAWNER SACTUARY - An area of bottom designated by the Trustees for the purpose of protectine and enhancing shellfish popnlations for a specific period of time. SPLIT-RAIL FENCE A linear fence structure composed of posts and rails. STRUCTURAL COMPONENTS -- Pilints, deadmen, rails, whalers and other significant components used to hold totether and anchor docks, piers, wharves, jetties, ~oins and other strtlctures. STRUCTURE -- AnY object constructed, installed or placed in. on or under land or water. includin~ but not limited to a bnlldino~; permanent shed; deck; in-~mmd and above,round pool; eara~e; mobile home; road; public service distribution, transmission or collection system; tank: dock; pier; wharf; ~oin; iettv; seawall; bulkhead; brealovater; revetmeut: artificial beach nourishment; or any addition to or alteration of the stone. SUBTIDAL -- Existin~ at or below mean low water. TIDAL WATERS -- All waters bordering on or within the botmdaries of the Town of Southold subject to fluctuation in depth fi.om peak lunar, storm or noru~al tidal action, and including but not limited to all brackish and salt waters of streams, ponds, creeks, estuaries, sounds, bays and inlets. TOWN -- The Tmw~ of Southold. TROPICAL I-LMR_DWOOD -~v of a nurnber of species of hardwood harvested fi.om re~ions at or south of the equator. TRUSTEES -- The Board of Trustees of the Town of Southold. VEGETATED WETLANDS - Any and all wetland t'q?es supportina or capable of supportin~o emero, ent, submemed or floating-leaved vegetation as described in Chapter ~ 97-11. "Wetlands." WETLAND BOUNDARY OR BOUNDARIES OF WETLAND - Wetland ecosystems ~enerallv posses three essential characteristics: (l) hvdrophvtic vezetation, (2) hvdfic soils, and (3) wetland hydrology. The wetland indicator status of all l~lants can be found in The National List of Plants that Occnr in Wetlands CLTSFWS). The wetland boundary is most easily determined by definin~ the outer limit of the vegetation s-oecified in the definition of freshwater. brackish or tidal wetlands. The wetland boundary is to be defined and flagged at the point where existin~ wetland indicator species no longer have a competitive advantage over upland species. Wetlm~d and upland plants will mix tozether at .this transition zone. For freshwater wetlands that fi:equcmtly lack standing water (shrub swamps, deciduous swamps, coniferous swamps and wet meadows) vegetation alone may not be adequately dia~mostic for identification of a wetland boundary. In these wetland t~rpes, field verification of wetland hydrology and/or hydfic soils mi~,ht be recluired to define the bmmdarv. The methodoloav used. to determine this botmdary shall be the same methodology ~ilized in the New York State Department of Em4rom-aental Conservation (N~'SDECI Technical Methods Statement relating to th~ Fresh~vater Wet. lands Act. Specific Wetland Habitat Descriptions and Delineation Guidelines for the'Town of Southold shall.be adopted by nesolution ot?the Town Board. WETLANDS (FRESH~VATER) ~- (1) "Freshwater wetlands" as defmed in Article 24, Title 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; or (2) All lands and waters in the town which contain any or all of the following: (a) Lands and submerged lands commonly called "marshes," "swamps," "sloughs," "bogs" and "flats" supporting aquatic or semi-aquatic vegetation of the follo~ving t)l~es: [1] Wetland trees which depend upon seasonal or permanent flooding or suffieiently water- logged soils to give them a competitive advantage over other trees, including, among others, red maple (Acer rubrum), willows (Salix spp.), black spruce (Picea mariana); swamp white oak (Quercus bicoloO, red ash (Fraximtm pennsylvanica), black ash (Fraxinus nigra), silver maple (Acer saccharinum), American elm (Ulmus americana) and larch (Larix laricina); [2] Wetland sln'ubs Which depend upon seasonal or permanent flooding or sufficiently water- logged soils to give them a competitive advantage over other shrubs, including, among others, alder (Alnus spp.), buttonbush (Cephalanthus occidenlalis), dogwoods (Comus spp_) and leatherleaf ( Chamaedaphne calyculata); [3] Emergent vegetation, including, among others, cattails (T)'pha spp.), pickerelweed (Pontederia cordata), bulrushes (Sci~Tmx spp.), arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), common reed QPhragmites australis), wildrice (Zizania aqztatica), bur-reeds (Spa~xanium spp.), purple loosestrife (Zythrum salica~-ia), swamp loosestrife (Decodon verticillatus) and water plantain (Alisma plantago-aqttatica); [4] Rooted, floating-leaYed vegetation, including, among others, water-lily (Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nttphar spp.); [5] Free-floating vegetation, including, among others, duc~veed (£emna spp.), big duck-xveed (Spirodela polyrhiza) and watermeal (Wolffia spp.); [6] Wet meadow vegetation which depends npon seasonal or permanent flooding or sufficiently water-logged soils to We it a competitive advantage over other open land vegetation, including, among others, sedges (Carex s]~p.), rashes (JmTcus stvp.), cattails (Typha spp.), r/ce cut-grass (Leersia oD,zoides), reed canary grass (Phalaris m~mdinacea), swamp loosestrife (Decodon Yerticillatus) and spikerush (Eleocharis spp.); [7] Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum spjv.), bog rosemary (Andromeda glaucophylla), leatherleaf ( Chamaedaphne calyculata), pitcher plant (Sarracenis purpurea) and cranberries (Vaccinium macrocarpon and l/. oxycoccos); or [8] Submergent vegetation, including, among others, pondweeds (Potamogeton spp.), naiads (Najas spp.) bladderworts (Utric~daria app.), Mid celery (Vallisneria americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum spp.) muskgrass ( Chara spp.), stonewort (Nitella spp.), water weeds (£lodea spp.) and water smaraveed (Polygonum amphibium). (b) Lands and submerged lands containing remnants of any vegetation that is not aquatic or semiaquafic that has died because of wet conditions over a sufficiently long period, provided that such wet conditions do not exceed a maxinmm seasonal water depth of six feet and provided further that such conditions can be expected to persist indefitfitely, barring human intervention. (c) Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as set foxth in Subsection tg(2)(a) or be dead vegetation as set forth in Subsection ]g(2)(b), the regulation of which is necessary to protect and preserve the aquatic and semiaquafic vegetation. (d) The waters overlying the areas set forth in Subsection ]g(2)(a) and (b) and the lands tmderlsdng Subsection tg(2)(c). (e) All land hmnediately adjacent to a freshwater wetland, as defined in either Subsection t741) or Subsection tg(2), and lying with'm 100 feet landward of the most landward wetland boundary of such freshwater wetland. Specific freshwater wetland habitat descriptions for the Town of Southold will be adopted bv resolution of the Town Board. WETLANDS (TDAL)- (1) All lands generally covered or intermittently covered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low fide are covered by tidal xvaters to a maximum depth of five feet, including but not limited to batiks, bogs, salt marsh, swamps, meadows, flats or other low lying lands sitbject to tidal action; (2) All banks, bogs, meadows, flats and tidal mar'sh subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina alte~wiflora), salt hay grass (Spartina patens), black grass (Jtmc,s gerardii), salrworts (Salicornia spp.), sea lavender (Limonetnn spp.), marsh elder (Iva fi'tttescens), cat~ails (Tygha spp.), grotmdsel (Baccharis halimfolia), marshmallow (Hibiscus spp.) and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within 100 feet landward of the most landward wetland boundary of such tidal wetland. Specific tidal wetland Habitat descriptions for the Town of Southold will be adopted by resolution of the Toxxm Board. WIDTH OF CREEK -- The distance across a creek from mean low water to mean low water, pemendicular to the main chmmel directly in tSont of the subject parcel· WI-IALER Structural member of a bulkhead used to hold the sheathint behind the pilings. Nommllv there are a top and bottom whaler_ WH_&RF -- See Pier· 97-12. Declaration of Policy, Jmrisdiction and Setbacks· A. The Tox~m Board of the To~xm of Southold finds that rapid growth, the spread of development and increasing demands upon natural resources are encroaching upon or elkninating many of its wetlands and patent lands, which, if preserved and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreational and economic assets to existing and future residents of the To~m of Southold. B. Purpose: It is the intention of this chapter to ensure for the citizens of the To~xm of Sonthold the protection, preservation, proper maintenance and use of its wetlands. ;m crier to minimize damage from erosion, turbidity or siltation, saltwater intrusion, loss offish, shellfish or other beneficial marine urgmfisms, aquatic wildlife and vegetation and the destruction of the natural habitat thereof, to minimize dunger of flood and storm tide damage and pollution, and to otherx~Sse protect the quality of wetlands, tidal xvaters, marshes, shore lines, beaches and natural drainage systems for their conservation, economic, aesthetic, recreational and other public uses and values, rind, further, to protect the potable fi'esr water supplies of the town fi:om the dangers of drought, ox.erdraiS, pollution from saltwater intrusion and nfisuse or mismanagement. Therefore, the Town Board declares that the reomJ~lation of the xvetlands oft he Town of Southold is essential to the health, sere'fy and xvelfare of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the followin~ resource area vahies and the attributes and functions thewlSosses~: protection of ~ublic and prix~ate xvater supply; ~oundwater; flood control: 6ros[on and sedlmentation control; storm damage prevention; water pollution control; ,fisheries; shellfish, includin~ slJawner sanctuaries; wildlife habitat; a~riculture: aesthetics; and r¢creatio~ In addition, the fo[lowin~ resource area values also shall be maintained and protected: preYenfion of flood chma~e by limitin~ of development in flood hazard arehs;.preventiofl ot~dama~e to.stmctm'es and nati~ral resott~ces as a result of . protection and errhanpement.of ex~stme ~ e..efat~on co~ er erosion; rmpr0vement of water quah~; , , in order to maintain water qualii¥:and w[ldiife habkat; proieCtton, of wiidlife..waterfowl, and plant hahitat an~ the mamtencuce o~[ex~stm~ populatto:ns and specues di~ersttv; prevention of loss or de~adation of critical wil~ilif~ " and plant habitat; preYenfion of new: stmmwater runoff discharge and the u-nprovement ~of e~astm~ ~to~ter~runo~f ~l.ischar~es. protection of coastal ecosvstcmswhich support ike . ,' , : ..' · .: . . t . ', ,. ~ : · . co~Jxed xrmbil~iW, of harvestable shellfish and finfish,habltat; pubhc access,to water and land; infProvemC~t.of ~.roui'[dw~tter recharge; a~d the minimization of the tmpact afnew development~ maonstmc~on ~nd/~r expansto, on the t, esource area values listed above· C. Jurisdiction: The following areas are subject to protection under Chapter 97 of the Code of Sonthold. (1) Any fi'eshwater wetland, tidal wetland, beach, dtme. flat, meadow, bog. or vernal pool; (2) Any creek, estuary, stream, pond, or lake; (3) Land under waterbodies; (4) Land subiect to tidal action; (5) Land within 100 feet of the areas listed above. marsh, swamp, wet D. Setbacks: The followSng minimmn setbacks fi.om jurisdictional lines apply to any and all operations proposed within the jurisdiction of the Board of Trustees: (1) Wetland Botmdary (a) (c) (d) (2)BluffLine (a) (b) (c) (d) (n Residence one hundred (100) feet: Accessory Structure fift~ (50) feet: Driveway fifty (50) feet~ Cesspool one hundred (I00) feet; Swimming Pool fifty (50) feet~ Landscaping or gardening, fifty (50) feet; Residence one hundred (100) feet; Accessory Structure one hundred (100) feet: Driveway one hundred (100) feet; Cesspool one hundred (100) feet; Swinm~in~ Pool one hundred (100) feet; Landscaping or gardening, one htmdred (100) feet; The Board of Trustees reserves the ri~Jat to waive or alter these setbacks at their discretion. § 97-J,~ 13. Exceptions. &. The provisions of this chapter shall not affect or prohibit nor require a permit for the following: (1) The ordinary and ustml operations incidental to the harvesting of fish and shellfish. £2) The ordinary and usual operations relative to consen~ation of soil, vegetation, fish s!:c!Lqab, and ~vildlife landward of the wetland boundary. (3) The ordinary and usual operations relative to pre-existin~ cmmnercial agrictflmre and horticulun-e landward of the wetland boundarsr. (4) The ordinary and usual operations relative to residential horticulture fifty (50) feet landward of the wetland boundary. (5) The ordinary and usual maintenance or repair (of the same dimensions) of a presently permitted, existing building, dock, pier, wharf, jetty, groin, dike, dam or other water control device or structure_. (6) The construction of a pern~itted bulkhead, which is to replace an existing functional bulkhead, subject to the following: (a) that the new bu ~lkhead is constructed substantially shnilar to the design and measurement of the existing bulMxead, and (b) the new bulkhead is in the same location as the existing bulkhead. Any such activities shall require the addition of a non-turf buffer area as defined in (§ 97- 11). The Trustees shall be given written notice of the project 30 days prior to corrnuencemeut of the work. DmSng the 30-day period the Trustees ,~41l inspect tire site to detenuine if the proposed operations qualify for this exception. If the Trustees find that this work does not qualify for this exception, written notice will be sent to flxe applicant stating the necessary chan~es. (7) The ordinary and usual maintenance or repair of a man-made pond ~ 'r ,-~-;---* ~-~, .... ~--~ defined in (§ 97-11). (8) Proactive restoration or enhancement projects conducted pursuant to written a~eement with the Trustees including, but not limited to, salt marsh restoration, eel~ass plantings or other vegetative enhancement work· B. Nothing contained in this ' ~ ~ a *^ ' *~-~;'"~a;~*;^-~¢*~-~ lter'th juri di ti ftheS th ldT B d fT .... ,,~ ........ ,,~,~ a e s c OhO ou o own oar o rustees. ARTICLE I1, Pem~its § 97-20. Permit procedures. A. Permit required· Notwithstanding any prior course of conduct or permission granted, no person shall conduct operations on any wetlands in the Tox~m of Southold unless he shall first obtain a wa-itten penrdt therefor issued by the Trustees as hereinafter provided and only while such permit remains in effect. ........................ ~ ,~ ~ ............................ in .3, ..........tee ...... B. Administrative Permit. The Admizfistrative Penuit review process is intended to provide for expedited review for proiects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with ail the current setback requirements as defined by § 97-11 and do not pose a threat to tize overall function and condition of wetlands or adiacent buffer areas applicants may request an Administrative Permit review. This rexdew does not relieve the applicant of pro~Sding all the application requirements (§ 97-21) or obtaining pemtits from other iurisdictions including, but not limited to New York State Department of Em4ronmenta[ Conservation and United States Army Corp of Engineers. Under the Adininistrative review process, each application will be reviewed by at least one member of the Board. See 97-23H for details of approval. The following operations will be considered for Admini,strative rexdew: (1) Construction, installation or removal of a split-rail fence, open arbor, trellis or other sim[lax structure~ provided that such operation will not have an undue adverse i~pact on the wetlands and tidal waters o£the town. (2) Envh-onmental testing activities, including test borings, small volmne soil sampling, environmental assessment and inventory activities proxdded such operations do n6t have an undue adverse impact on the wetlands and tidal waters of the town. (3) Removal of any material or structure prox4ded that a project lhniting fence and a silt fence w'ith hay bales is installed to contain dismrhance if deemed necessary and provided that such operations will not have an undue adverse impact on the wetlands and tidal waters of the toxxm. (4) Construction of additions to the landward side of an existin~ functional single- family dwelling, where such dwelling generally lies parallel to the wetland boundary and provided that all new and existing runoff is captttred on site, Such addition must be less thml or eqmal to 25% of area (foot print') of the existin~ structure. (5) Remodefing, renovation or reconstruction of a structure provided that such actixdty will not have an undue adverse impact on the wetlands and tidal waters of the towll_ (6) Construction of accessory stmctm-es for existing singte-famil-¢ dwellings provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the to~xm and the setback is no less than fifty (50) feet. (7) Construction or improvement of pervious residential driveways or walkwavs provided that such activity xx4ll not have an undue adverse impact on the wetlands and tidal waters of the toxxm. (8) The demolition, removal, relocation, repair and/or up~ading of existing fuel tanks, fuel lines, !Stel dispensers, cesspools, septic systems, or sanitary wastewater activities, including nece~saw site work and provided that such activity ~vilI not have an undue adx~erse impact on'the wetlands and tidal waters of the town. (9) Construction .or installation of drahlage structures for the retention ofnmoff provided that such stmdtures incorporate the maximum feasible setback from wetlands and provident that such a[tivitv will not have an undue adverse impact on the wetlands and tidal waters of the (10) Cuttin~ of common reed (Phra~,mites attstralis) to within twelve (12) inches of the soil sm~3acb landwa~dhof the wetland boundary. This does not include mowing to ~ound level. § 97-21. Application. A. Contents of Application. A permit may be issued upon the written, verified application of the person proposing to perfonu operations on wetlands. Six (6) copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such application shall contain the followint information: (1) The name and address of the applicant and the source of the applicant's right to perform such operations (e.g., whether apphcant is the owner, lessee, licensee, contractor, etc.). In all cases where the applicant is not the oxxmer of the premises where such operations are proposed to be conducted,_the notarized consent of the owner, duly acknowledged, must be attached to said application. (2) A schedule for the proposed activities with a completion date. (3) The purpose of the proposed operations. (4) The amount of material proposed to be removed or deposited, and/or the type, size and location of any proposed structure. (5) A description of the area from which the removal or in which the deposit of materiai is proposed, or in which structures are to be erected. ,r~ ...... ~ ~'~cnp' ':~- .... ~hal ...... ed ...... cal .....mate s .... ~ ........... ~ v .... c£4The description shall be appropriately referenced to a permanent reference point or monument. (6) The depth to which the removal or the deposit of mater/al is proposed tlu:oughout the area of operations, and the proposed angle of repose of ail slopes. (7) The manner in which the material xx411 be removed or deposited, or structures erected. (8) Such application shall be accompanied by a su~ey and topographical map, created no more than one (1) year prior to the date of application, with contours at two-foot intervals, showing the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal conlxol of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. (9) A statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations. (10) A statement describing any kno~m prior operations conducted on the premises in question and whether any prior licenses to permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revoked or suspended by a govennuental agency. (ll) Documentarvproofthat ~' ~ ............... ; ..... ~ ........ ~ have ~_.0£permits that have been applied for, are pending, and have been ~ranted.~ncluding but not limited to NYSDEC, Suffolk Count?Health Department, USACOE. (12) A description of how the proposed activities will be mitiaated including erosion control, re-planting and restoration, designated points of access. All proposed operations will be clearly defined on a survey and described in a project narrati~/~e. The Trustees reselwe the rio_~ht to require specific re-planting and restoration,methods. Re-planting and restoration guidelines shall be set by resolution.of,the Town Board. (13) CmTent photos of the subiect area showing the proposed area of operations from at least t¥~o opposite directions. Each photo should be labeled with the date, time ancl:direcfion. The location of the photos shall be noted in the survey, proi~t:plan or provided on a separate sketch map. 04) ' " Dratnage,~pgrade. At the discretion of the Board non-administrative applications t~¥ require submittal of a drainage upgrade plan. This plan must indicate how~aI1 existin~ and proposed onsite drainage fi'om a two (2) inch rainfall is retai/~ed within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impotmdmen~ All drainage plans shall show the calculations used to develop the plan. At tl~ discretion of the Board said plans may require certification from a licenSed en~neer. (15) All permit applicants shall submit to the Board of Trustees an affidavit signed by the owner of the project property which indemnifies and saves harmless the Town of Southold from an,,' claims arising out of or connected with operations under the permit and from all acts, omissions, commissions or negligence on the part of the applicant, Iris agents or employees, in such form as shall be approved by the Tox~m Attoruev_ 97 22 B. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article H, 97-2 l_D, G anti J 8, 11 or 14. where it finds that the nature of the proposed operations is such that the requirements of such provisions are not necessary for a proper consideration ora perutit application. The resolution providin~ for the waiver slmll clearly indicate why the waiver was ~anted. § 97-22. Fees. A. Every application for a permit filed with the Clerk shall be accompanied by a filing fee of ' - two hundred fifty dollars ($250_) which includes the first site visit, no portion of which shall be refundable. B. In addition to the filing fee, the Trustees, upon the adoption of a resolution authorizing the issuance of a permit, shall determine the amount of the inspection fees to be paid by the applicant to the Clerk npon the issuance of a permit. Inspection fee costs will be based on a $50 per site visit. C. All costs incurred by the Toxxm for SEQRA review shall be paid by the applicant. D Consultant Fee: The Board, at its discretion, is authorized to require the postin~ of a Consultant Fee by an applicant. This fee shall be used to hire an indepeudent, expert consultant to investigate the site for the proposed project and to examine the plans or other information submitted by the applicant to assist the Board in evaluating potential adverse impacts npon a resonrce ama by the proposed proiect. The Board in its discretion will determine whether the complexity of the activity, the difficulty in determ'ming the threat to the resource areas or the size of the request or project involves and requires more information and analysis than can reasonably be supplied to the Board without independent teclmical professional assistance. (1) The Board may require the payment of the Consultant Fee at any tinge in the deliberations prior to a final decision. (2) The Consultant Fee may be required for expert opinion regarding, but not limited to~ wetland resource area smw~eys and delineations, analysis ofresottrce area values, wetland resolu'ce area reports, hvdrolog-ical and drainaee analysis. wildlife habitat analysis, shellfish surveys, and environmental land use law, or any of the followine: a. placement, removal or m:ading of at least fif~' (50) cnbic yards of material: b. five Inmdred (500) square feet or .greater alteration of a resource area; c. shoreI~ne or bank alteration to a coastal or inland waterway; d. five hundred (500) square feet or ~eater alteration to land in a naturally vegetated condition that constitutes a resource buffer area; e. discharae of any pollutants into or contribufine to sm:face or ~oundwater of the resource area: f. construction of any stormwater control facility, or water control structure: or g. construction of any shoreline structure. 97-23. Processine of application. A. Pre-Submission Conference. Applicants are encoara,*ed to schedule a voluntarv Pre- submission site visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and non-bindine but tiffs meeting is intended to facilitate communication bem,een the applicant and the Board_ There will be no fee for this conference. B. Investigation and coordination. Upon receipt of the application, the Clerk shall forward one (1) copy thereof to the Conservation Advisory Council, one (1) copy to the Platming Depm-Pment. one (l) copy to the Zoning Board, and one (1) copy to be filed with the office of the Trustees. The Conservation Advisory Council slialI review said application and the effect, if any, on the wetlands and tidal waters of the to~xm that may result from the proposed operations and shall, within twenty (20) days of receipt of the same, forward its written repmx of findings and recommendations with respect to such application to the Trustees. If the Consen~ation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. If no response is received ~4_thin 20 days the application is not subject to further Conservation Adx4sory Council review. C. All paperwork relative tO an application shall be submitted at least seven (7) days before the scheduled heating. No additional paperwork shall be accepted after this time unless specifically requested by the Board. .......... , +~ r,~ ..... ro The Trustees shall hold a pubhc hearine on such application. Notice shall be provided pursuant to ~lifipter 58 of the Town Code. E. Action. After the pub'lie 1.1earing on such apphcattons, the Trustees shall either adopt a resolution directing the issuat~ce~o.f a permit or adopt a resolution denying the application lt,aref~. A resolution directing ~e issuance ora permit may be adopted only if the Trustees find that the proposed operations wil~ conform to the standards set fortli in §_,,, ~ 97-27 hereof. If the Trustees adopt a resolution denying an application for a permit, the reasons for such denial shall be set forth in the resolution. F. Modifications and Ame~t~-nents. Any and all modifications and amendments of existin,* permits shhii be subject to the d~cretion of the Trustees and may be subject to public hearing. G. Tabied~applicafions. if a~ applicant tables an application for an,/reason it will be constdered w~thdrawn tf ~t. does ~ot go to public hearing within four (4) months of the time it was tabled. After such time the applicant will have to reapply for a permit. Administrative PermiSs. '&n Administrative Permit is deemed to have no adverse impact on the wetlfinds and tidal waters~of the town. and a public heating and notice are not required prior to issuance of a permit. Tl~e final decision x~411 be made upon resolution. &97 25 97-24. Issuance of permit: conditions; inspection fees; performance ,ouarantee. The Trustees may, upon the adoption of a resolution directing the issuance of a permit: A. Impose such conditions on the manner and extent of the proposed operations as it deems appropriate. B. Fix the time by xvhich operations must be commenced and within which they must be completed. C. Require the payment of inspection fees ~,~ ........ v,-~ ............. v ................ v D. Under certain circumstances the Board may require the submittal of"as-built" plans, upon completion of operations, stamped by a licensed surveyor and/or engineer. E. Performance Guarantee. The Trustees may require a performance guarantee to ensure the proposed operations are conducted in compliance xvith a permit. If the work is not conducted as described in the permit or such work is causing harm to the protected resource, notice will be given in xvriting The Board may require, as a permit condition, that a performance and observance of other conditions be secured by one or both of the following methods: (1) Bond; (2) deposit of money; (3) negotiable securities; or (4) other undertaking of financial responsibility. 97 2~ F. Liability insurance. The applicant for a permit shall, before the issuance of said permit by the Clerk, file with the Clerk a certificate that the_app!:~cant qualified marine contractor performine the work under the permit has liability insurance policies insuring against any liability xvhich may arise in the performance of the operations pursuant to such permit, which said policies shall name the town as_amamed an additional insured. § 97-25. Contents of permit. Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be valid for a period of t~vo (2) years from the date of issuance. Said permit may be renewed for two consecutive one year periods at the discretion and review of the Board. Each permit shall state the following_'. A. The name of the permittee. B. The date of issuance and expiration of the permit. C. A schedule of when operations will be conducted. D. The conditions imposed by the Trustees on the issuance of the permit. E. The specific location of the areas to be affected by the operations of the permittee. F. A statement that: "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Clerk upon receipt by the Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. G. A statement that: "The applicant does, by the acceptance of this permit, assume all responsibility for operations m~dertaken pursuant to th2s pernfit, and shall take all precautions for the prevention of injuries to persons and property resulting fi.om such operations. By such acceptance, the applicant also agrees to indetrmify and save harmless the town and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. A statement that: "The applicant and the o~mer and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, ~ve consent to the town and its officers, employees and agents to enter upon the premises where such operatiorks are being conducted to make such inspections to determine whether said operations are being conducted in conformity ~vith the permit and, if necessary, to conduct said operations according to the Performance Guarantee (97-24E) ." 1. A statement that the appl:icant is reqnlred to notify the Trustees in writin~ upon completion of operations such ~at the site can be inspected for issuance of a certificate of compliance. § 97-27 Construction and Operation Standards The follo~vin~ standards are required for all operations with'm the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction shall be required to upgrade the sites drainage s/stem such that all surface water generated fi'om impervious surfaces shall be kept onsite flu:ouch infiltration or retention. Apphcants proposin~ ~ading or fillin~ operations will be required to snbmit a di'ainage plan for the entire site at the discretion of the Trustees. See § 97-21(14) for requirements. (2) Silt fence, hay bales and Silt Booms. A row of silt fence and staked hay bales shall be use during construction and must be in. place during an,/building. grading, landscapin~ or site work activity within Trustee jurisdiction. The placement of the hay bale line shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation ora silt boom that will retain all suspended sediments within the immediate project area. (3) New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the xvetland boundary than homes on either side of the subject lot. (4) Fences. Only split rail fences are allowed on beaches. Fences on beaches shall not be closer than ten (10) feet to MHW. Only one posted si~n per one hundred (100) linear feet offence is allowed. Posted signs shall be no larger than twelve (12) inches by twelve (12) inches square. (5) Swimnfing pools. Applications for new pools must include a description of how all pool dra'mage will be retained onsite using dedicated dr~vells or similar structures. _411 future pool drainage shall be discharged to this dedicated system. (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platfonns associated with stairs may not be larger than sixteen (16) square feet. (7) Critical environmental areas. At the discretion of the Board of Trustees, any operations propoged in critical envirom~ental areas (§ 97-11) ma,/be subject to more strineent requirements than detailed in this section. Such requirements may include, but are not limited to. denial of certain operations, shortenin`* or reducing the size of structures, and increasin`* the ~x4dth of non disturbance buffers. (8) Bulkheads, Retainin`* Walls and Revetments. a. On the bays and in the creeks only in-kind in place replacement of existing functional bulkheads (as defined in § 97-11) is permitted. In- kind replacement relates to the position and dimensions and does not necessarily require or allow for the use of the same materials. At their discretion, the Board may allow for a one time proiection of the replacement structure seaward of the original, only if such placement will not proiect the proposed structure sea,yard of adjacent, neighboring structures and ii'the proposed installation is ia close proximity to the original structure. Any subsequent repair or replacement followin,* the first replacement requires the structure to be built on or landward of the original structure. b. Bulkheads on the Smmd shall only be permitted when the likelihood of extreme erosion is demonstrated and it shall not increase erosion on (lO). neighboring properties. Bulkheads on the Sound must be an-not-ed with stone. All bnlkhead construction and renovation work requires the establishment ora permanent non-turf buffer as defined by § 97-11. Retaining walls are not permitted mt[ess excessive erosion can be demonstrated. Prohibited_ Activities (1) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated -~:ith.ctu-omated copper arsenate (also known as "CCA"), creosote, penta products or homemade wood preservatives is prohibited for use in sheathin`* and decking. Preservatives of any t,,q~e including blht not, limited to those listed above cannot be applied to any bul~. cads, retaining walls or revetments after installation. (2) T, hle.:use oiftropical hardwoods is not permitted. (3) l:q~w bulkheads in creeks and bays is prohibited, unless the o?¢rafion involves construction of a low-sill bulkhead. (4) ~L~chine excavation is pro[tibited in marsh areas. Jetties and Groi/ts. a. Only Ioi~-profile ietties as defined in § 97-11 xvill be permitted b. Only in-~i~d in place replacement of existin~ low-profile functional jetties and `*roins (as dUPed in § 97-11) is permitted. c. Pre-bacl~lllr~g of jetties and ~oins may be required. d. Prohibiflett Activities (1) I~ ~order to prevent the release of metals mxd other contaminants ham the wetlands and waters of Southold. the use of lumber treated with cbxomated copper arsenate (also known as "CCA"). creosote, tmnta products or homemade wood preservatives is prohibited for use in sheathina and decldng. Preservatives of any type including (2) (3) but not limited to those listed above cannot be applied to any jetty or ~oin after installation. The use of tropical hardwoods is not permitted. No new jetties or ~oins will be permitted unless the work results in a net decrease in the total number of jetties in the subject area. Dredg/ng. a. Ma'mtenance dred~ng (as defined in § 97-11) only is permitted, unless applicant owns underwater land or apphcant is requesting permission to dredge in connection with installation of low sill bu ~lkheads. b. Prohibited Activities - Dredgine in, or in close proximity to salt marsh vegetation (Distichlis spicata, Spart~na alte~nffflora or Spartina patens) or sea~-ass (Ruppia maritia or Zostera marina) meadows is prohibited § 97-28. Standards for issuance of permit. The Trustees may adopt a resolution directing the issuance of a permit to perform operations applied for only if it determines that such operations will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fxesh water resources of the town. D_ Adversely affect fish, shellfish or other beneficial marine orgadisms, aquatic wildlife and vegetation or the natural habitat thereof. G. Increase the danger of flood and storm-tide damage. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the Change the course of any channel or the natural movement or flow of any waters. Weaken or nnderufine the lateral support of other lands in the vicinity. Other~Sse adversely affect the health, safety and general welfare of the people of the Adversely affect the aesthetic value of the wetland and adiacent areas. § 97-29 Certificate of compliance. A certificate of compliance shall be issued by the Trustees prior to use or occupancy ora structure, which has been erected, enlarged, or altered pursuant to the issuance of a permit in this Chapter. ~_97 29 97-30. Transferability. A pemfit issued pursuant hereto shall not be transferred or assigned without the prior approval and review of the Trustees. The fee for transferring said permit shall be fifty ($50.00) dollars. ARTICLE IlL Administration and Enforcement &97 20 97-31. Coordination and Enforcement .~.~..o.~"a--:-:~* ..... ~L.~a ~w~L~.°-c ..... ~-~u ....... ~.~..~:";~-" ~ ......... v~.The Dn-ector of Code Enforcement and]or the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter. The Director of Code Enforcement and Bay Constables have the authority to issue violations of this Chapter. 9%o2. Not~ce of xfolation. A. Whenever the Director of Code Enforcement or Bay Constable have reasonable grom~ds to believe that operations regulated hereby are being conducted in violation of the pro~4sions of this chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the owner of the property, or the ow~ner's agent or the person performing such operations, to suspend all operations; and any such person shall forthwith cease operations until such notice of violation tins been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied x~"ith and the time within xvhich compliance must be completed before operations may be resumed. Such notice shall also izfform the person to whom it is directed of his right to apply for a hearing before the Trustees, as hereinafter proxqded. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premise where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Director of Code Enforcement or Bay Constable may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent innnediate compliance. E. In the event that the person upon whom a notice ofxqolation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Director of Code Erfforcement or Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for an,/person served with a notice of violation pursuant to § 97-3 lC to fail to comply with such notice. .{_97 32 97-33 Hearing on violation. A. An3, person affected by a notice of violation issued pttrsuant to the preceding section hereof may request and shall be granted a hearing before the Trustees, pro~fded that such person shall file a xvritten request therefor with the Clerk within ten (10) days after service of the notice of violation_ Such request shall have am~exed thereto a copy of the notice of ~5olation upon which a hearing is requested m~d shall set forth the reasons why such notice of violation should be nmdified or rescinded. B. The Clerk shall present such request to the Trustees at its next regular meeting. The Trustees shall set a time and place for such hearing and shall give the person requesting the same 'at least five (5) days' notice of the time and place thereof. C. At such heating, the person requesting the same, or his representative, shall be ~ven an opportunity to show cause why such notice of violation should be modified or rescinded. After such hearing, the Trustees may sustain, modify or rescind such notice of violation, or revoke any permit previously issued, and shall specify the reasons therefore. D. The notice of violation for which a hearing is requested shall continue in effect pending the hearing and determination of the Trustees. !L97 33 97-34. Compliance requirements and penalties for offenses. A. It shall be nnlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement or__Bay Constable or to conduct any operatiun in a manner not in compliance with a permit issued pursuant to this chapter. B. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Enforcement or Bay Constable within the time fixed for compliance therewith, the owner, 'occupant, builder, architect, contractor or their agems or any other person who comntits, takes part or assists in the commission of any such offense or who shall fail to comply with a X~,Titten order or notice of .....v ~a ........ ~ ...... , ...... ~-+ .......~ ~ ^c ~c ~,a~, ~c ~ ..... 4 c,~ ra q~ 4 ...... ~^,h .... ~. ~, .... 4 :~: ...... · any Director of Code Enforcement or Bay Constable shall be subject to the follo~fng fine schedule. Each day on which such ¥io[ation occurs shall constitute a separate, additional offense_ (1) Failure to obtain a permit. Any person conducting operations witkin the jurisdiction of the Trustees wkhout first obtaining a permit according to the procedm-es outlined in this chapter shall be subject to fine of not less than $1.000 and not more than $4.000 or a term of imprisonment oi'not less than fifteen (15) days nor more than six (6) months, or both; (2) Failure to comply aSth the terms of a permit. Any person failing to comply with the terms of,9,permit shall be s~tbject to fine of not less than $500 and not more than $1.000. For each subsequem..offense, the violator shall be gxtilty of a misdemeanor punishable bv a f'me not less tkar{: $1.000 nbr: more than $2,000 or a term of imprisonment o£not less than fifteen (15') days nor more ~han Six (6) ~rnonths, or both: (3) Failure Ici heed a cease and desist order. Any person conducting operations in direct contradiction to the terms of a cease and desist: order shall be subiect to fine of not less than $1000 ~/na. not more than $2,000. For each subsequent offense, the x4olator shall be guik¥ of a misdemeanor O~iri~hable l~y a fine not less than $ t,000 nor more than $2.000 or a term of impris°nment, .o~ino~ less t0han fifteen (15) days nor more than six (6) momhs, or both; (4). Restoration. tn hen or in addition to these punishments, any offender may be punished by being~orderefl to rest0m the affected wetland to its condition prior to the offense. Any such order shrill: spee.'ify a reasonable time for the completion of such restoration, which shall be effected a/taler [he .... supe~nslon of the appromng anthontv. The Trustees reserve the ri~at to require,specific rerptantina and restoration methods. Re-planting and restoration ~,zuidelines shall be Set by resolution of the To,ma Board. Mitigation. When on-site wetlands restoration and creation mat, be untbasible due to technical or other constraints, other nfitigafive measures such as off-site wetland restoration or creation and/or monetar',~ compensation for wetland losses may be required. Where appropriate, the Trustees may require a fee in lieu of d/rect action to compensate for wetland dan~age. Such fees shall be held in trust for thc e. xpress nsc of wetland presentation, creation, restoration or enhancement projects, C. No new permits will be issued to any carter, oxxmer, occupant, builder, architect, contractor or their agents if they are named as defendants in an outstanding or unresolved wetland ~4olation. D.In addition to the above-provided penalties, the Trustees may also, if authorized by the Town Board, maintain an action or proceeding in the name of the to,sm in a court of competent jurisdiction to compel compliance with or to restrain by injm~ction the x4olation of this chapter. 12I. Sbverability_ If any clause, sentence, para~aph, section, or part of this Local Law shall be adjudged by any court lo£competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be tmconstitutionai or im,aiid. IV. Effective date This Local Law' shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. Elizabeth A. Neville Southold Town Clerk LEG,II/NOTICE :~. OTICE OF PUBLIC HEARING rICE IS HEREBY '.N, that there has been pre- to the Town Board of the of Southold, Suffolk Hew Yetis, on the lSth f November 2003 a Local mtitled '.'A Local Law in on to Amendments to ,ter 97 'Wetlands and eline' of the Code of the i of Southold" now, there- be it iTICE IS ItEREBY ~-IJR- iR Gr~N that the Town of the Town of Southold ,~v[lI h0!d a.public.he~rimg:on the 'hfoi:es~id_ Lokat./Law__ ~.t L the Soulhold Town Hail, 53095 Mam~;R6ad~. South(ild.~. York~ ~.on"the' 2~d dai?~ qof ~.Decem~-er*_003 ht 8:10 p.~. ar whkh fi~e aH ~tercsted pemo~ w~ b~:given.~ L, Th~p?posed - local · .t~e~dments to Chapter ~'l%~tlands and Shore~e' ~tthe :Code of the- los~n :,f.scerdc 5f [tiff ~, , Patent2 ~f :,f COUNTY OF SUFFOLK STATE OF NEW YORK ss' Lise Marinace, being duly sx~om, says that she is fl~e Legal Advertising Coordinator, of the D'aveler ~Vatchmcm, a public newspaper printed at Somhold, in Suffolk Cotmty; and that the notice of which the armexed is a printed copy, has been published in said Traveler Watchman once each week for ...... /.....week(:~ successively, Sworn/to before me ,~t?' .~ ...... day y lic Emily Hamill NOTARY PUBLIC. State of New York No., 01HA5059984 Qualified in Suffolk Coun~ Commission exl~ires Nga~ 06~ 2006 Chagter-.:97Ashoul.d ha.ye ~the .praetiqal ~ffect of. ensuring fliat ne~s~ ~?elopment..,and .redevel- opmem are,in accordance the r ~Town's ,compreheusix~e planning objectives. :Unfm:am- axely the practical reality is that the laws'set forth in Chapter 97 did:rtqe hay6 the effect of pro- .leering wetlands and wetland -boundar4es . ,:: Two¢fifical studies and analy- sis: whch include the Toxsm's w~tlands; ;,vetland bgundafies and namral:resonrces are l/the ~rosxm's ,: Local Waterfront Re~4talization Pro*on'am (LWP&) ired: 2)i.the Pecohic Estuary ~gomp[ehensive Management ~lan. ii Aft~. ~:ea?~0t smd:,; fa&,gatl~- · ati swit g, Oe mq v for the;Town-of Sonthold and the ~2o~hv~e~er~sis e Veconin Es_ ~tWmxS: ~l~pagemant pian. h~ve been ad6pteck The LVvTd? is a plan ..for enttre,~own. As waterfront land iLas~;qfi~ ~'ertain instances, been ~oaiiP£o~riately d&eloped, Town, hvaters and liabitats bane been .qe~m~ely unpacted. One exafiai~[e bf this is the closure of shell dishiizg areas such as ~a~it,hck Creek and James ,Cr~eg~ to an increas~ of cnl- iforpa ~a'ct~ria fi-mu septic sys- tems ~4 sronmvZer runoff, [o name jna[ m'o spumes. - The B6ard of Trustees and the ~ow~ve Used the morato~u.m tim~ c~uring the yeai- 200~,to b'~;alhffte~ihe cm'r~nt status 'of the Wetlaffds~ ar~a~ and reaulati0n~ in '&d-~:.to minimize~damage ~om', &_r0~ion;,mrbidi~y or silts; on,:~lffvater intrusion, loss of fis~ slWe!ifish or other beneficial ~.~y 61-ganisms, 16gl of squat: ic wili:ll4~'e and vegetation and ~he ~id~sf~edon of the natural habit4 thereof, to m~nimize the ,dan~eF dig flood and storm-tide damag~e ,.and polfatioi~ and to bi:h&wig~ protect the qtmlity of wetlands; tidal water, marshes, shbrel'h~es, beaches; dunes, ' 15fuflfs0n.d natural drainage sys- tems for their conservafion, eco- logical hydrolo~caI, econotnic, aesthefic~ recreational and other public u~s and values, and faz- tlwer, to protect the potable fi.esh Water Supplies of the Tmxm from the':dmxgers of drought, over- draft, pollution from salnvater intrusion or inappropriate land uses and misuse or mismanage- ment.. The Town and the Board of Trustees have consid- ered and huplemonted the Lv, qlP and'the best land nsc tecfihiques for protecting .its Thi}- m6rato'fium addressed the fact that new ~owth in ~he form of new structures on exist- lng'waterfront lots and nuder- water lands poses 'a similar potential to impair the Tm~'s nnique env[rohmeut, geology and hydro!ogy. Many of the Town's existing waterfront lots, whether they b~e ,,acatu or developed, r~si,d.dx/fially or com- merciaUy zone& do not con- fon-a to Cinrent gbni~g in that they are smaller:than the mini- mum reqhired acreage. Therefore, the development and tedevel0pmegt 9fthese lots is of utmost concem because ihe~e activities' have ~he potentia! .tO cause further harm to the coastal ~nvironmeiit ' This morato~mn ha~ enabled thfi' Town and the Trustees to focus on crafting and implementing a strategy - and a worldng code tO ensure mug c~nvcs or 0_ze ~ .- ~ ~ ms tn. on or ott met. This js necessary in order bottom. to protect the character, natural AS-BUILT PLANS Plans resources and em4ronment of the Tosvn of Southold and the ~ub[ic health, safety and wel- fare of Tmsm residents. II. Chapter 45 of the Core of the Town of Southold is here- by amended as follows: Chapter 97, W~ETL~qDs AND ~ FiORELINE GENER_M. REFERENCES Boats. d6cks and wharves -- See Ch. 32. Environmental quality review -- See CN 44. "Flood drainage prevenfiqr~ See Ch. 46. Shellfish ~ See ~h. 7Z Soil ten-/oval Zoning -- See Ch. 100. Subdivision of land -- See Cb. A106. · ARTICLE L. Genera/ Provisions This chepte/' shall be kmown and ma}, be .cited as the '%r~,etland~ ©fd~nanzz Law .of the Town of Southeld." &97 11 97-11. Definitions] For the purlWose of this chap- ter. the folloxving terms, phras- es."words and their deeivadoas shah have the meaning ~ven herein. When-not inconsistent with the context, Words h? the pre~ent tense include the furore; words rued in the plural number include 'the singular number; and words nsec[ in the singmlar nunaber include the plural num- ber. The Word "shall" is always mandatoW and not dfi.ectors~ ACCESSORY STRUCTURE - A bUildin~ or structure detached ffoin a principal buitdz · in_o located on the same 1o~ as and customarily incidental and subordinate to the orincinal bhildint. .AESTHETICS - The natural inlrinsic appearance of a site or object in the context of'sur- roundin~ land use, views, view- sheds and sfstas important' to the communal% ' ADM1NIST1L*TD, rE PER- MIT A permit intended'to prox4de an expedited review for projects that are'deemed consis- tent with the boards policy regarding protection of wetland AGRICULTUR_E The ~ro- duction: keepine or mainte- nance, for sate. lease or person- al use. of all plants and animals useful to man. including but not limited to for:~_oes and ~sod crops; .mains and seed crops; deirg animals and deh-v fired- ants: poultry and ooulwv prod- ucts: livestock- including beef cattle, sheep, swine, l{oi-ses. ponies, mules or neats or any mutation of hybrids thereof, includint the hreedin_o and re'az- lng of any or all of such ani- mals; bees ahd apiacf products; fur animals; finks of'all kinds, includin~o grapes, nuts and ben/es, veaetables; floral_ oma- mental and-~r'eeffa~6use prod- ucts; or lands devoted to a goal conservation or forestrj man- agement program. APPLICna~q'T -- The pace? applying for vennits, or other approval :norsuant to Chanter 97~ :, . -' APPLICATION ~ The cpm- :pleted-form or forms, and all accompanying documents. exhibits, and fees required of an applicant pursuant to Chapter 97_ ~ ~OUAI~LrLTURE ~-' J ~-h& raising or~ cultivation of nmserv nrenared to scale bv a licensed surveyor detailing any and all operations conducted accordin~ to a valid nexmit. BAY - Cutcho_oue Harbor. Gidds Bay, Great Peconlc Bas,, Halloeks Bas: Hog Neck Bay. Little Peeohic Bay. Lon~ Beach Bay. Orient Harbor and Southold Bay. BEACH The zone of unconsolidated earth that extends landsvard from the mean low v, ater line to the sea- ward toe of a dane or bluff, or whichever is most seaward. Where no dmxe or blmff exists landiva~d of a beach the land- ward limit.. of a beach is 100 feet landward fi'om the place where them is a marked cbano~e in material or phvsio~hplfic form fi'om the line of permanent ve~- etatiom whichever is most sea- ward. Shorelands sub, ecl to seasonal or fi~quent ovem-~sh or inmtdafion are considered to be beaches. BLUFF --.am,,, bank or tiff with a preciphous or steeply sipped face adininin~ a beach or a bod~ of water. The xvaterward limit bf a bluff is the landi*ard limit of its waterward natural protective feature. Where' no beach is present, the waterward limit of a bluff is mean lmv wateu The landward Emit is tweutv-five (25/ feet landward of the receding edge on in those cases where there is no dis- cernlble line of active erosibn. rwenw-five (25~ feet landward of the point of/ifflection on the top of the- bluff; The-"point of inflection' is that point alone, the top of the bluff wliere-the trend of the land slone cbane~s to be_,aln its descent to the shore- line. BOARD Unless other~'i§d indicated, the Board of Trustees of the Tmen of Sonth6Id. BUFFER AREA A defined area landivard of a jurisdictional (e.g. wetland, coastal erosion bazar& bluffi boundary meas- ured as a linear distance, per- pendicular to said boundatwc BULKHEAD -- A structure or ban/er the intended trse for which is to separate aud act as a barrier bemeen earthen mateei- al ahd water. CLEARING -- Cuttinz dm~n. felling, tbinnlng, loggin,z or remox4n~, killinu, destroy- ina, poisonina, rinabarking, uprootin~ or humana vegeta- tion, severino,_ toppin~ 'or lop- ping branches hmbs stem~ or tronkg or substaurialN daman- ine or mjur~ng tn other svays that would cause or contribute to the death or affect the anrviv- ability and growth of vegeta- tion. CLERK -- Unless othem4se indicated, the :Clerk of the Board of Trnstees. CONIMERCLAJ_ AGRICUL- TURE - Am'icnllure (See above/ iutended to earn an CONSER\LATION - Protectmn in natural or existina Condition. ~ ' CREEKS - Broadwaters Cove. Brushes Creek. Budd's Pond. Cedar Beach Creek! Core¥ Creek_ Dam Pond, Deep Hole Creek. Down's Creek. East Creek, East Harbor, Googe Creek, Goldsmiths Inlet. Gull Pond. Halls Creek. Hasllamomuck · Creek. Havwaters Cove. James Creek. Lon~ Beach Bani Mattituck IrdeL Mud Creek, Pipes '~ck Creek. Pdckmond Creek_ Town Creek. West Creek, West Harbor. West Lake. W-ickhem Creek and Wmmewata Pond. CRITICAd_ EN~qRONNfEN- TAL AREAS Cutchoaue Harbor Wetlafids. Halleck's Baxt Dam Pond. Dmsms Creek, Orient Creek, West Creek, Riclm~ond Creek and Beach, Brush's Creek. Cedar Beach Creek..Corev Creek. Deep Hole Creek. Goldsmith~ Inlet. Halls Creek. ·Goose Creek. Little Creek~ Mill Creek and Pipes Cove Creek· DECK - A sU'ucmre and'or olatibnn-x~fthout a roof that is either fi'eestandine or attached to a buildin~ supported by pil- lars and/or post~ ~onstmeted o? varioffs~maretials. · DECKING - Horizontal dock. deck. pier or other sho?e- line stmctore intended to be walked upon· DOCK - ALs' permanent or seasonal structure, except a building, located or proposed to be located on. lands abutting or comvrised of freshwater or tidal wetlands or com~ected to a bulk- head or the uoland and extend- designed to secure vessels and provide aceess ~om the shoreto abody of water. For the purpose of this chanter, this term shall also include the associated structures necb§sarv to crosg wetlands and adiaceut natm'al areas. The term' "dock" includes the terms "wharves." "piers." "fixed' docks.' "flo~tine docks." DUnNT -- A ridge or hill of loose, windbloxxm or artificially placed earth, the prinalpal com- ponent of which .is sand. FUNCTIONAL BULKHEAD A bulkhead that is at least 75 o,,,o physically intact and se~'ing the pmpnses it was desi,,zned FuNcTIONAL JETTY/GROIN A ietW or emin teat is at least 75 % phys- ically intact and sen,lng the pur- poses it was desianed for. GROIN - A maturate barrier neruendicular to. the shoreline rued to change the natural lit- toral' drift, prevent erosion. maintain inlet enffances, or pro- tect an area from wave ener,%'. See IetW I-LARVESTING. The lng or collectifig of natural resources aud mganisms. HORTICULTURE - The mis- in~ of plants (See'A_m-iculmreh [N~'IEDIATE PROJECT AREA The minimum mea required to-allow access to the site bv the machinery conduct- lug the onerafion. JETTY - A manmade banier pemendicular .to the sherel-ine used to chrome the natural lit- torsi drift, prevent erosion. maintain inlet entrances, or pro- tect an area fi.om wave enerav_ See Groin. EMPERVIOUS SURFACE Any hard surfaced, manmade area that does not retain or 'absdrb water includina but net limited to bnlldtha ?o6fs, l~aved parkin5 lots and di'ive;vavs] 'sideWalks-~tid otEer paved LAND~dW'-- In the 0ppo: Mte direction from the x~,aIer or wetland. LOW-PROFILE JETTIES The defmition of a low profile jetW is see specific, but typical: ~ediment _orade. LOW-SILL BULKHEAD -- A subtidal structure desimaed to stabilize the toe of a slope or shore and often associated with boat basins or other nax4tabie MANMADE POND - An constructed inland body of water includin_=, but not limited to lined and un-lined irriaafion Pond~ and 0mamentaI ponds. MAINTENANCE DREDG~ ' lNG - A dredging project xviU be considered maintenance dred_4ne if there is 'documen- tary evidence that it has been meviousN dredaed. N'LATE RIAL Soil, sand.. stone, gravel, clay, bog, peat, mud or any .other material, organic et inorganic. MEAN HIGH VL&TER (Ik'[It~h The averaae of all the Water heiahts obse~ed over a 19 year 12cried. MEAN LOW WATER (MLW) - The average of all the Iow hei_~hts observed over a 19 year period MOORING Anchoring for ~eater than 24 hours. NON TURF BUFFER - oervious, material allowing for oercolation of surface runoff into the soil. Examnles include: wood chips: mulch, mavel, and sand. Plantings in this area may include American beach o_mss, season ~asses such as Little bluestem or Switoh~ass. Other native species· recommended include: Seaside _,zoldem:od, X~qrginia creeoen Beach plum, Black cherry. Northern bayber- ry and Pitch lTme: Fertilizers max: not be nsed within the non imf buffer area· OPEILATIONS: . A. The removal of material from wetlands. B. The deposit of material on wetlands. C. The erection, construction, alteration or enlargement of an)' building, dock, pier, wharl; bulkhead, jetty_, groin or other structure, temporary or perma- nenL orr wetlands. RemovaLs m' otherwise affect- in_o the arowth of plants. ORDINARY AND USUAL IVbkINTENANCE - Actions which are required_ to preserve in a condition or state of eaniv- alent qualiw to that which-was appros ed or required by permit. ORIGINAL STRUCTURE The earliest karown, permitted or othenvise docnmanted struc- PATENT LANDS - AI'I uplands and underwater lands oxs~ed in fee title by the Trustees bv vimte of the Andros Patent (October 31. 1676/. PEAK LUNAR TIDES -- Those exeessts ely high fides or spring tides caused by hmar gra~ itationgl phenomena. PERSON -- Any person, firm. partnership, association, corporation, company, organi- _zation or other legal entity' of any kind, including m~_micipal corporations or governmental :aganc~es or subdivisions there- · :- PIER ~ A ~ixed structure to secure vessels; unloading or loading persons or nronerty or providing access to.the x~tater. See Wharf · PJER'LIN~- Th~ average seaward proieefion of one or more existin~ permitted docks. · See Lbgals next pagO from preceding page olufion directing the issurtnce of a permit to peribrm opqrafions applied for only if it determines that such Operations will not substantially: A. Advarsely affect the wet- lands of the town. B. Cause damage from ero- sion, tuxhidity or siltation. C. Cause saltxvater intrusion into the flesh water resomces of the to'~m., , D. Adversely affect fi~h, shell£ fish or other beneficial marine organisms, aquatic wildlife :and vegetation or the natural habitat thereof. tions regulated hereby are being corrducted in x%intion of the provisions of this khaptec 9r not in compliance with': a penn/t issued pursuant to this; dhapter, he may notify the owntr of the property, or the o,amer's aa-est or the person performing such operations, to ~uspend all opera- tions; and any such person shah forthxvith cease operations until such notice of'dolation h~ been rescinded. B. Such notice shalt be in wzking, shah specify the viola- . tion and_ shall state the condi- tions which must be complied With and the 6me within which com~fianee ffiust he completed E_ Increase the danger of flood before operations may be and storm tide damaoe resumed.' Suchhmtice 'shall' also ~ --' ' - ' ~ = 'a~' t: ' infotm-the person'to ~,'hom it i~ e. ~mversety affect n nga ion . . . .' on tidal watars or the tidal flox,: directed of his right to apply for of the tidal waters .ot~ the tow~.' ;. a heating before' the Tmstees~ as G Chap/ge the course of an3,- hereimffter proxdded. C. Such notice shall be channel or the natural movement Served.upon the person to whom or flow of any water~. H. Weaken or tmdarmine the lateral support of other lands in the vicinity'. I. Othepa,ise adversely affect the health, safety' and general welfare of the people of the J. AdverseN affect the aesthet- ic value of the wetland and adia- § 97-29 Cerdficaie 0f ComPIi- ance. ~certificate of comoliance shall be issued by the Trnstees prior to use or o~cupanex of a structure, which has been erect- ed. enlarzed, or altered om~uant to the issuauce ora Cermit in this. C_ _h. apten ~97 29 97-30. Transferabilits. A permit issued pm-soant her'- to shall not: be B-atisferred or assigned withom the prior approval and review of the Trustees. The fee for transfer- ring said Uermit shall be fifty ($_50.00t dollars. -- ~5RTICLE IH. Administration 'and Enforcement ~97 2~ 97-31. Coordination and Enforcement ~::~5 - ~. ...... It :hall Lc thc ' ~ ....... Qdmlz2ztc: an~ --~ ..... u Director of Code Enforeemeut and/or the Bay Constable are responsible for coordination and enforcement of the pmx4sions of this chanter. The Director of Code Enforcement and Bay {;o~istables have the authority to issue violatinns of this Chapter. ~_97 21 97-32. Notice of viola- fien. A. Wqaene;¢er the Director of Code Enfm'cement or Bay Constable have reasonable ~otmds to beheve that opera- it is' directed b5* delivering it m him personally or by posting the same in a conspicuous place on the premise where operations are being conducted and mailing a copy thereof to such person by certified mail to Ins last knmxar address_ D, The Director of. Code Enforcement or Bay ConstabIe ma3 extend the time of compli- ance, specified in the notice ~f 'xiofation where there is exi- dence of intent to cmnpiy within the time specified and condi- tions exist which prex ent irmna- ~iate compfiancc. E. h~ fire event that the person upon whom a notice of violation has been served shall fait to comply with said notice wifltin the time specified therein or witlfin the time specified in any extension of time issued by the Director of Code Enforcement or .Bay Constable, any permit issued to such person pursuant to this chapter shah be deemed revoked._ F. It shall be unlawftd for any person sera,ed with :a notice of violation pursuant to [ 97- 31C to fail m comply with such notice &97 32 97-33. Hearin~ on vio- lation_ A: Any p~rson affected by a notice Of viola~non issued pur- suant o the preceding section hereof may request and shall' be g'raq~ed a heating berate the Trustees provided that such per- son ~hall fi!e a Written request theretbr with the Clerk within ten (103 days after service of the notice of violation. Such request shall have annexed, thereto a copy of the notice of x%lation upon which a hearing i~ request- ed and shall set forth the reasons why sneh notice of violation should be modified or rescinded. B. The Clerk shall present such request to the Trustees at its next regu/ar meeting. The Trustees shah set a thne and place for such heating and shah give the person requesting the same 'at least five. (5) days' notice, of the .time and place. thereof. exceed fi~c~: (I~ ~3'a, cr ~ctk .suck Eric cad Lm~ri:cr~czt. ~y Direbtor of Code Enforc~ent Or Bay Comtable shall be subi~ct to the follow~ fi~ sched~e.. Eac~ day on which sneN:violati6n oec~s shall consfiffife a &ep~ate. ad~- dm~ offense:. : a~ off-,~ite x~etland restoration oc, creation· an~Ifor ~rfionetarv eom- pensation for wetland losses may be reauired: Where atooro- ° priate, the Trustees may reauire a fee in lieu of direct action 'to compensate for wetland dam- aec. Such fees shall be held in trust for the express use of wet- land oreservation, creation. restoration or enhancement proj- eats. C. At such 'hearing, -the. 1~ Falhu'e .to obtain a her- C. No new permits will be person requesting the sam~., :Or: mit. Ahv--aersom conflue-tin~ issued to any carter, m~mer. his representative, shell be ~,6ni ' operations v~ithi~ the iurisdic- occupant, builder, architect, con- an opportunity' to show. caul., rios of the Tmst~es withoue first tractor or their? aeents if they are why st~ch notice of vinlatitnt obtaining- a pefrnk accorcline to should b6 modified or rescinded, the: nrocedur~ outlined in this named, as d~fen~lants in an m~t- .M~rer such hearing, the Trustees chapter shall be subiect to fine standine oi:~tthresolved Wetland ma), sustain, modify or rescind of not. less than SL000 m~d not vinlatitn., hi~ ; ' D_,. la addffit~ tO .the ~l~ove- sneh notice of ¥inlation, or, more then $4.000 .or/t:ferm of revoke any', permit prexdously ~ imprisonment 6f not. !ess than ~rtvid~'d pei~alties., the Tro~tees issned, and shall specify the re~ :; fift0an (15/dhvs nor rhoreYdmn may also..ff anihorized b) the sons therefore ' " } ~six'f63.montl~ °r'6bth: . To~'nBoafd. m~fintaut an action D. The notice of violatioh for which a hearing is requested shall continue in effect panditig, the hearing and determination of th~ Trustees. st_g-7--3-3_ 97-34 Compliance .requirements and oenalties' for offenses. A. It shah be unlawful for builder, architect, contractor or their agents or any other person to fail m comply with any provi= sloss of this chapter or to fail in any manner to comply xxSth a written notice, directive m order of the Director of Code Enforcement or Bay Constable or to conduct an3' operation in a manner not in compliance with a pexmir issued pnrsuant to this chapter. B. For each offense agahist any of the pros isions this chapter or any regulations .made pursttant thereto, or failure · to comply.with a wrinen notice or order Bf any Director of COde Enforcement or Bay Constable within the time fixed for c0mpli- ance therewith, the owner, occu- pant, builder, areintect, contrac- tor or their agents or any other person who commits, takes part or assistk' in the commission of any such offense or who shall fall to comply xvith a written order or notice of cf any Ccnz'~Llc'zkall, 'zFcx a ~zg: cc:r f~. Failm'e 'to ko,sly with theAerms ofnpermit_ :amy ner- 0_o_If failinn to complv, wqth the terms of a eermk shah be sub- je~-/to fine of nor less thap 550(I end not more than 5;1.000: For each subsequexff Offehie.-- the ;inlator shall be auiliv ora mis- demeanor- ptmisl~able by a fine not less than $1.000' nor more thwart $2,000 or a term of imnfis- onment of not less titan fifteen (!_53 days nor more than six (6/ mouths, or both: ~ Failure to heed a cease q_n__d desist arden Any person conductinz operations in direct contradiction to the terms of a cease and desist order shall be sqbject to fine of not less than $1000 and ~_ot more than $2,000. For each subsequent offense, tire xqofator shall be -guilty of a nfisdemeanor puinsh- able bv a flue uot less than $1_000 nor more th/n $2.000-or a term of immisonment of not les~ than fifteen (15~ days nor more than six (6~ months, or both: ~ Restoration. In lien or in addition to these unnish- ments, an',, offender may be nun- ished bv being ordered to restore the -affected wetland to its condi- tion prior to the offense. Any such order shall specit~ a rea- sortable time for the comnletion of such restora~_un, which shall be effected under ~ suoervi- sion of the annrovinwaUthotiw. The Tmstees-r~sarx~'e}he ri~h~ to require specific re-nlantinz and restoration methods. Remlant- lng and restoration guidelines shall be set bv resolution of the Tmxm Board. ~.~ Mitigation. When on- site wetlands restoration and creation may be unfeasible due to technical or other constraints. other mitiaative measures such or p~oceeding it! the name of die town :.-in a ,Con/t of cbmpetent jmSsd~bfi6n';to ~omPel compii- auk& w/ih, or to restrain by iujnndticm .~he' violation pf this If a[iy chi/se, sentence, pgra- graph~ skcyitn, or part of this LocaliI~w ahall be adjudgdd by any couti qr. competent jurisdic- tion to b~ ~';alid, the judgment shaH- hot d*ffect the valid/tv: of tins law as:aa whole or art3 par[. th~reo~'otfi~J~ than' the par~ so decided ~o b'&:tmconsfiintional4: or invalid. IV. Effective date . This Local Law shall take effect,immediately upon tiling x~tih the Secretary of State as provided bS' law. Stril~e-$hrough reprgsents dele- ties: Under~ine represents insertion. BY ORDER OF THE SOUTHOLD TO.tN BOARD OF T[I~ TO~VN OF SOUTHOLD, November 18, 2003 ELIZABET~ A. NEVILLE SOUTHOLD TOWN CLERK 1X 11/20.'03 (063) I~ Legals~frompreceding page Pool fifw (50) feet: (fl Lm~dscaping or*~ardbnine, fifW (50) feet - ~' ' (2) BluffI. iae ~-- Strafe (off& ~=&~4 .... ~; .~: ~'eWa ' One ii~:~i06),.f~t;, ' th'b !?i~ht2 t6~vaiVe:oi~ia~ter 'these setbacks,.atZttli6":drset~tion~- ; ibl a'. il'i,': ' . :" .,' '..: I'lc I,-'r,.C~l['l!i.'ol: .i.l',h,r c .I'll'- fish.. : ' " ...q-., m' o:"q;il. '~.'~c .~ iol[ ,i-h ~",l 19::[',Iii: i.[' II lu~, rd ?llhl "Ol'ii2h' I'~Y¢-hrh'i",r d o.' ::' (' (¢~h& 0rdin~- and usfia~ o~s~tAxive to resi2 danfial. ~nl~fiftv (50) feet la~d~:aog ~e 'w~l~d ,x'4 '.ql ., ~' c.,,.. [' ~1.~ ~1' ,cfi, i , - non-~r~A~ dethed in !.,'. 9'- .~",.It 'e,.I,' a~ ::. -I, Il I',' ,'i, :, ~ .' ff'.t~ ,.'c~ 'di.' '¥',,- ment ot~{tf4~Dm/n~ the 30- day p~'4a~i~tees will inspect ~t~l~tmmine if the ero~t~l}~dbns oualif>' for th~t~! If the Tins t eeL~c~h'*Xt~l~ ,win k does not md~t'~i~l exceotion. x 'nttan:~ sent to the condac~l:~.~6 written: enhancement work. . in_~ nmoff is caomred on.site· neet referenc~ pont or menu- .calctdahons used to develop the ' B. Nothing contained m~ fids Such addition mt-tst be less than · ' meet. · · ~ ~lan_ At the discretion~ of the secuon ahall ................ or equal .th' 2590 of area (foot . -,.' "'1'6) Th& depth to Board'.said olans mag redfiire ........................... Ix_ orint) of the.existing stmctttre, which the/embx;'b.l or the deposit certification from a 'liceflsed 5'&'Sz.~izt~cncf~c. alter the jttris- _ (5) Remodelinm reno- ofmateriaLisproposed_through- enmneen :-) . diction of the Southold To'~u xatmn, or reconstruction of a . out the area of operations, and . ' .-.- - . (i5) LMlpermit Board-of Trustees. - '- '.':..: stmcU.u'e vrovfded that such the ~proposed .angle, of~reposepf ao~licants :shall .submit.to the -.a~RTICLE II. Permits .... " ictiviw will- not,l/ave-au undue aH slopes '. : - .7.,.~ .. . gdard-b£ .Tkutees an affidfivit : ;~ 97:2ff.-Permit ~rocedures. adverse ]moact:mr,the wetlands - .' -'. , ,'TI'~ ~ rm:r.,." ' ' sterne&bx,-" ' tli*~owner' ~ot,.the~roj-~, " ' otwi~hsi~itdi~g-'JafiS¢ prior (6), Cong~uction of n'mo, c.I o' :ep,,.iwfi. ,," -"~'- afidCga~:~:~iesstlieTo~wnof accessory-structures for emstm~ a.r,', ar.'.'L',i. . coUr~e,ofgonducror.~emnssion " ' ' .... g~anted, no~ersor/,ghall~onduct sinde-fiarfiiiv, dwellin~s provid- ..xj >uc'F ~2U'li- in~ out of operat/~om~['.on:an~/..wetlanEs in ed that ~nck-actJ_ithv' ,will :not cat'on shall be accompaui~ds~by: o'6eratiods-under the pen~/t ;:,' . ,'.'"~"::i' .'. ;,:;': "..'.' '.. i ......... ' ' ' ' ~ '"~ ' nrox~ded fliat_anc~mc~mt~:'~di '¢,'..'~. or w 'v, h c i 4mom"e. ;,".' reqm~ements: ,'.,: .....9 , ........ ,.. not haxe. all..lmdue...adV, erse o I',e .q.c,cd..'.'n . cd ?, . ~o.- upom're4ue..t of the apphcani for :': .' .:::,' ':: '.:.:;.: '2 ?':'.']i::'-.: ........ " ' ' ' ........ -' maoactonthe~weffahdg,and~idaI ,.~.q.'L I,.~c,.,r';ev,," t,".~.'v', ap~m£.~mav.wai{-e.qn',~ho[eor ~' ' ' ~ "- .'.li'.~.' ............. -' .:.::' ::.".. '.', ii: ,~" tahks, f~llines.~ldisr~enSers, soandm~ ,, . a' il cessDbol~, seotm, svstc'rns[~or ' for ~.':::-;'";c"'; ;:';~' ,:i'.:r:;].':' . '.:.' sanitary was't~a~:ef acl~,~ffes., conducted. 1:77 !.: ~.". ,i ':'.. . ...... ":': :: inelndin~ h~cessa~ gi/eL~6rl/ ':",";q' .'d.k:.'c,': a~&r~rov~ded'.~aCsuchYacfishtq ofl~mSp0roved'lokapcoordin.~te z,::':,~P. ;'~. :"F:-::;::2::",'2" .': v,~illnothave:.hh:undde~.~vdLqe -',.c'". ~",3','c't ' "'t" r..,.<: .-,,-.,.. · ..,...F',,, lmeactont'hexvefl~hds.and2~.itat ele~ano~ shal[~oebased, onidie I', c:.~fX,In~ ~:i~p,Hit e': ID~'l . · (gb Gonslrucnom..-or (%-odenc Surveviiamm:. ' ' ~ ~ hcatlon [ , , · , tm'es f6r. the. rete~on ofmbff or,ne e~ecg s~.my,~.~_.. , .. __megvetx ._hall heat~ump,mtedb.,,a Fdin/z f~¥aYd~fro~fec'~ti6n'~of w~ ble setback 7ffbnS.~weflhiids: h~.d oFsnch prop~os~e&ope~ ff./fn'~' ~ ' ($2'5~)~: ~hich:fnetud~s the Bxst i'~ibffe'~.J-~aflir¢filehtSL~s dc~fined imnact on the Well~ds.~d'ffdhl op~rauons con~tucted, rsoncithe B. Iff t(~dhi6n to the fill br~}~d.~i~ 'h'ot'lSO~'e i wa-ters of the thffff. ; ,:", ~remises. in. ~q~e~t] 5h~ '"~hd lug fe~, the T,rfistee~;.'ttpoft th~ gdopfi6~ of fi ;.resoh~ion: auth~- ck~rqS~tff& ak~iA·a~l'~in/~'mV to within o;vel~qre fl2)-ifiehes~f shaad i~z~Sfmiff'~,i:he~0uut-~ff mamSsc~an, · Athrdnistra'five the soft st/rf~.c~ lahdward 6Efl/e thqmspemon~e4 ~b~,pm.d{b3~ fibf'ie'h~.~e~th~e~alS/rl~c~a~t dl~ 6ro- not include :m6win~ 'to!~/bahd th6 :~iiance~ '6f .:}~.. per~h~t2 , ' j · A. Conten/sb£~Affoli~h.fioii.~A ~?-,. - a (, ' - C.A:ll!eostsmcUn-edBv the Town for[~EO ,I~A revx~ · amtten, venfilkl,~&~hcahon.of ':'~: .... a ____m*~t~£¥.kt_~[ shall'be bald 15v:the,~ppl/cant~; Erebih-l~fi~/~ fi ~Ei/~onnge~t aI ' ~ ...... the person Froposmg to perform , : ' D. C6i/sfiltafi/Fee: copies of the co)~orete anph~a- . ~ ~ . . ~ · e~/~./:~2ew~ rice. ' .indlu~nm~ 5.11 ~ri/~n m~but not hn~t~61~',/;SDEC: ofa32orisultant.~'de§T~au an6li- SmWOll~: Cb~k~l~iltl~ cam. This tl~t~fl~o~B~ovaq~JRe ~'ollo~ ~ contain the f-o~io%'i~ .in~ofiii~_- ' ~ the ~roobs'el}f~-ojddt' and i~i'_~,~¥~t~,~b~!.~ ...., c6n~id- .... don: ¢,~ ...... ,,~ ~ ...... . exa~e ,,~ ;~:~t~¢~h~a~ mn_ and address o res%ration, de~i~oirlNs0~ cah~ t6 a~si~t fl~dBo~'&~n e~N- Fh~e'rat[o'~'li60ha'vd - na~tl~e.: The~t~s~:reser~e discreti6n ,~{11. q,~etennme i~-~B~t~2~l~fi~diI~s'ai~_~ ownar. J ) ."~,'1~ .o',"~,& c~ .,..., ,., s,. . ~'. .... t ~3~epu~ ' - ~ "' · ~i~~e~b~d of m' ,uu :¥.'.p,,-.'o h,:',h., ', r,, ,, '~c ,r~ --~,, ~ · ddei~on:~ ' ~ ~'~eo~bafi6e i.,.' ~, pc. -~/c ~ M'loc,., ,,ak, 'u~..,~ ,'. ~~'t¢~ removal o~ ~ch the depot . ~ ': ? · 'l,l'~Q'~l"~ ~ ..... '~/ ...... of material ;i~6oose&r 6~n ' ' ~ f':IC;,l'c:l c0i'lilil ini '['Ltl r,w.ii-: ~/]i-'~al~i~'%, 'i~}s--'~1]~%' ~'--' 'forth in § 97'22 97-27'hereof If' b~ me ~ler~ p~su~_~ a-reso- · .~- .~m.p ~ o'page .... :- = =' - ~e T~tees adopt a resofu~o~, lotion of ~e Tmste~ ...../_[7, ~.-. ,m~la~E~eht. dan~ganappHca¢onforaper-k valid for a aefiod of ~o' ~m6qal~;& ~h~n~ of.at le~t ~t: the re~ons for tach d~ ' years ~om ~e ~ of imasco. ~(50) cubic y~& ofmatefi-- ~haH'be setTo~ h ~e':msolu- Sald.'p~vmybe r~ewed for ~ ,. , .: ~. doll ~VO consecmive one ve~ _ ' ' .... - ~v '~ - E Mo&fications and o& at ~e ~screfion~d review ' 'fi . ., ~ ~an~t~gmdaHmods~ o~eBo~d. Eachoe~ts~l ~. ~shaa p~ sh~l be'subjed~ A. ~e nme of~e pem~e. ; · . ~ ~e ~sc~fion of ~e Tms~e;s ~ - B ~e ~e of qss~ce a~ ~ rEr7 .- ~d may be sub ed to pubhc, e~a~onofthdpem[ ,;;w."~ ~ ~ - ; -C, A schedule.of-when enera- .(.~ ~ . .:T/t~ed aonlicafions. Yf: ti0ns willbe cenducte& - 'ri' a'l~P~licalie.~tables 'm/a~plica;{ D The cOnditions imposed by 4,,, ~fdr ~hV:reeson it will l~d~ the' Trnstees on ~6 is~aIm~Ce of ,'.v.,,hter~d ~thdmwn ff tt:doe~s thd pe/-rult/ - ': ' ' ,It, ~ohfo ;l:~rBii6 iieai-inl~ ~q'th~ E. The ~ecific location of the o i. ~4'~ .mohths of the mne.~t areas to bemTected bythe oper- was ,table&'; Afrdr'srtch'time }~e; atlons of fl~e }oermit~ee. - a~fffiemif'~! :J~ve t6:JfeatmN!i : F. A statement~ that: "The ~' r vahdity of this pc~m~t ts or may ~~Irnt~-trat~v~ b6-subject to theoapproval of Penmts_ +An AJdministrative~ othergovemmentalormumcipal Fermk.qs ffee~ed '~. have on: tho~ wbtlandi ~d~idkl waf~egnfth~ owma~d h~t~tr~d';~ki-or to igsuahce of p~Y do~fihons; tnspectLO~/ ;?Dad lmstees may.. upon the al]opnon oI a rasolunon ch~ect- ddd~IS authoritms The tow~ accepts no responsibility in apylying for or obtaining such approyal. In :the eeent that such approval is-nec' ~s~ary, the-holde~2of this permit shall not commence operations herennder rmtil s~ch approval ~as been obtained in writing; The faiture'to obtain such other approval. Wh*n rqquired shaU subject this permit :m-immediate revocation by the Clerk upon receipt by the Cterk pf written notice from such 0thor govern- mental or municipal authorities of its refusal or- disapproval." Acceptahce of the permit is acceptance ofthis condition. G. A statement that: "The applicant does, by the accept- anne &this permit, essume all responsibility for operations undertaken pursuant ~o this per- mit, and shah take all precan- or retention. _A_oplicants propos- ing · ¢radin~ or fillin~ operations x~il[ be required to submit a dralnh_*e _dlan for the entire site at the discTetion of the Trustees. See § 97-2l(14l for reauire- .... f21 Silt fence. hay bales~ tinkl;~SiikBooms A row of silt fence and'staked hay bales shall be use. dm-ina con- sO'action and mu~t ~oe in dace' dnring any building, grading4 landscaping qr site ~vo~ activiW within Trustee i~/risdiction. Thd olacement of the'haY bale fine ~hulP be ."defem/ned '~' By ' the Trustees or*fa~ir'dd~ilmee:" gJI _'intertidal fion~o~,attd exc'a- nation renu?es the installatimi 6~a%51t bbb/dkh~ ~ ¥~fai/fall s hsb dn d'~ G'~ 6/timTeht ~ ~thiff the iinfiSediatesy/-&d~ ~k/C ~ ' ' ?E f3) lqew ii/id r anb def~ d'"et~d~?"Sx7 Ew ~ aiii2 on nei~hbering properties. c. Bulkheads on the Sotmd must be armored ;vith stone. d. All bulk- head construction and renova- finn work requires the establish- ment of a pemmnent non-turf bahai a~ defined.by § 97711. :, em' Retafni/m wJiN~a~ no~ t~ermitted ~ess elcessive Om~iun c~ be demon- strated. : f. Prokibited Activities (1) In order to prevent the *~lea-s e of melal~ and other c 6~taminanfs4nto ,the wet:- lands' and .watet~ of S0uthOkl. the use 6f.lumber treated with chfomuted coener aNenato faNo known as "CCA"~; creosote. penta prodnc~s !z6f 'homemade woodxpreservatiges is~rohibited for nse in.kheathin~ a~d deckinm remodeled ~mes 'oatmof be s~t, l~Oleet kT6g~'~ to ~t/e~ weflanfl boundaw th~ii ti~mes ometther gide ofth~'~ib*j66~q~ht."" ' ' nifty si~fiffSrai~J-fOices are alldwed 6n~Sh6~':?-F:~e~ 6n h;eaches' sfffil~dmt.~f:hlbs~ tha~ Pfeser~afi3ds of any t~e ftmlud- fu~Tbut ff6t lkniited fo those Ii§t- ed above, cannot be am~lied, o anv bulkheads, retainfn} walls or revetments after installafidn. ' ,, ':/ :,(2) ~ordCal3i~rdwo0ds is ~iot ner- miked. h, . . (3) New bulk- eads;ia 6reeks hndbavg is oro- hibitedJ unless ~the imiera-don involves cmigtmctidn o~' a lo~- dons for the prevention of mjunes m persons and-property By such accepmce ~e apph- ees from'any ~d all cla~s aris- tone shall ~be inch- sm' bullhead. (4i' Machin6 excavation is prohibited in marsh areas. (10L J~lties and Groins. a~~ .Only low- t~rofile i~tfies as defined in 11 will be nermitted - 'b. Only tn- ~eS,.the ,Boani may feature ,tli~ul:anittal~of "~s-binlt~' plans. tied doml~l~fi:on~ of 0petitions. s~I.hv ~i4icensed-survevor a?itt/nr~ng~neen: ~ - E. P ~.Ti.f o '~r m a n c e ~antee.:. ?The' Trustees may r~ire a p~ff&rnafice guarantee tb~gensure ,l]ie~ mroposed onera- tibtns are e0addc-te-d fu co~nnli- an55e w~th ~/0enm: If the work t£~iot;condiY~ed as-d~scnbed m ~&pmmif~off~uch work.is cam- ~,-harmi~,~ ~e nrotected /e~omce. libfi;/e ~i ill be Wen b x~tinn~. The,Board may reqtare. asm nermidcoudifiou, that a oer- l'dhnanee:rmlttt :615servance- of off/& condi~ens. !be scented by one or b/~tl~:bf:the foltdwina fi~Ctheds: : the-issfiaucd of said per- the Cl~rk. file ,~i~ the ,C Cie~k;a bertificate that the_aF~pH c~ar auatified manne conrrac or & p~q2ormm~ the uork trader ,, ~..t[., ' · 2 permi~ -fins -~tablht5 .insurance · .l .. ~ ~ ~ . -' pdiiclesmsnrmg-agamstanx lin- .....' 'i.'~' , :: ,' ; ~ " ' ' , bibtx,;uhlch man'-arise in the · .,~,' ,, '~, ' J · ': " , ' ', p~'bmaance. 6f 'the -operanous ,'., t .' t , · : pt~nt to such~pe~lt which ·~"'*" t, 4 . . ~ sand pontes qha name the , ', r . . : - t~sured ,,' · , i;,'~.,.:~. . . .., , ~0r_25,C)~efisofpenm ;.,, ~, .;~ ~ - . , '. , . IEach pztmtt-msued hmeender ing from operations 'under this permit and any and aH acts or onnssinns of the applicant, his agents and ' ~mploy&es.' Acceptance of the permit' is acceptance of this condition,,. H. A Ostatemanf that: The applicant and the owner and occppants 6f the premises upon which the opmations authorized bY this permit are being con- ducted do, by the acceptance of th/s permit, give consent to the town and its officers, ernployees and agents ro enter upon the ~eemises where ~uch operations being conducted to make such inspections to determine whether said operations are being conducted in cord~.~ormity with the permit and. if nones- sm-v. to conduct smd operations adcording to the Performance Guarantee (97-24E) 7' I. A, statement that the appli- camis reouired to notify the Trustees in writin~ anon com- pletior~ of operations-such that the site can be inspected for issuance of a Certificate of corn, nhmice... ~a 97-~7 Construction ~nd OperafionStandards . ~ _ -o~The following, standards ~e required for all operations with- in~ the>.~-jarisdicfion of ~the: Thistees: ~ : : '.fi/, Drainaee dfk~de Xnnl~cants fora vemiit f& any fd~ of constmcfion shall_ be' required to upgrade the sites drainage .system such that all surface water aenerated from impervious surfaces ~shall be kept. onsite throuah infiltration - - - ~.:,(6~ necks end forms shall bb,~mlmitfed-oh m- near bruits_: PI£ffmsociat- ed with.'stairs -m~v i~ot-be~ taradr th,an sixtean~16Zsa~are feet. enviromtal a~das_ At the dis- crefion of tho ~oard &<Fraste~a. any operations l~bpo~edin cfifi~ c~il envirbffmdfifMr~k~6/is f~ 9% 1~ ma~ b .... e ~ubj e~ ~o~brb strkd~ gent re e -thmlMetafled mr, th~s secUon: ."S~cfi.-maarre- n~nts may. mclud~, -~buP are not lhhited to. daniat~df~c~ oner- afl,ns, shot ten/n~'; 8i~ exeduc/~e stze. ~ st~mct~res~, and ini:reasinmthe width!0fnon dis- tii~bance b~drsF Retainin~ ,', .,VCalls ~ and Revetments. ' am On the bays and- ih :the i:~eks o~ ldud in place replacement 6f existin~ fii~ctior~Mi bulkheads (as def£ned tfi.$ 9%t¢~ is hermit- ted_ In-kind'replace ~,. nirelates to the posi~tidn and ;aimansion~ arid does no?necessarily require 6~ allow for ,the use of the sathe materials, h ~A~t 'the~r~ discratinh.. the Board'!~av allow for a-one time projection of ~e replace- ment struca/r~: S6aWard of' the odkinal.: o~ if:gueh~ ntacement will not ~61:0iecf( thc m-oposed structure sdaward ,of; adjacent. neighbotii~-Structures and if th6 lX~posedsiiimlla?dtt is'in clo~e pmXimitV;~ Ih~ofiginal: sram. t~e: - An~%hbseau~iit ranak r~lacement ~ fo lion/ii,ir the fms~ ret>lacemeht ;P~es. ¢t/e s~rue~ tu~e to be~baitt oi:~atqandward_~ f and it shalt~fiot incfas~e erosion kind m~ 151ace replacement of existing low-profile functional jetties and groins/~ defined in 8 97-1D is permitted_ ~ ~, . ~: ./c:~ ~irf-b acE- fillin~m df jetties god aroins ma/; be required. .&Prohibited_ Activiti~§ (!) In order to prevem the release of metals and other contaminanfs .into the wet- lands and waterg of S0uthold. the use of lumber treated with chromated canner arsenate (also known as "CCA')_ cieosote. nenta nroducts or-homemade wood preservatives is prohibited for use in sheathine and deckinm Preserwafives of any t~e includ- ina but not limited tO'those list- ed above cannot'be anplied to any ietW or.groin after installa- tion. . , '(2) The use of tropical lmrdwoods i~ mitted- i '0) 'No new jetties oi- ~oins 4411 be per, fit,- ted unless the Work. results in ~ net decreage in th~ 5otel number ofjetfies in.the sQbiect m-em ' : il D Dr?d~in~. ,' . .... ~ a.:: Maintenauc2 dre:ddfi~: (a~ :defi~i~ only ts perantted,,.unldss apph nar/t oTM 'undei~&fer 4and or. ~iPnlicant i~ remi~stinu'i~ermis- on to:ldsedee}:fu~ .con'section with iniiallafion 6flbw Sill bulk- s6e £ gaig ext bagel,