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HomeMy WebLinkAboutBoats, Docks, Wharfs 2003 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS NLa~AGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 24, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing at 8:15 pm on December 2, 2003, regarding the following Local Law, entitled, ""A Local Law in relation to Amendments to Chapter 32, 'Boats, Docks and Wharves' of the Code of the Town of Southold". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Islm~d State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees t~uthold Town Board of Appeals Signature, Received By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE ELIZABETH A. NEVILLE TOWN CLERK REGISTI~kR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 24, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Heating at 8:15 pm on December 2, 2003, regarding the following Local Law, entitled, ""A iocal Law in relation to Amendments to Chaoter 32, 'Boats, Docks and Wharves' of the Code of the Town of Southold". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessc rs Southold Town Buildin Department ~/~abeth A. Neville wn Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 24, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing at 8:15 pm on December 2, 2003, regarding the following Local Law, entitled, ""A Local Law in relation to Amendments to Chapter 32, 'Boats, Docks and Wharves' of the Code of the Town of Sonthold". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors  ffS~ thold Town B~ding Department Signature, Received By Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE SOUTHOLD TOWN BOARD PUBLIC HEARING December 2, 2003 8:15 P.M. HEAR1NG ON "A LOCAL LAW IN RELATION TO AMENDMENTS TO CHAPTER 32, 'BOATS, DOCKS AND WHARVES' OF THE CODE OF THE TOWN OF SOUTHOLD". Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William C. Moore Councilman Craig A. Richter Councilman John M. Romanelli Councilman 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 Town 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 Chat}ret 32, 'Boats, Docks and Wharves' of the Code of the Town of Southold" now, therefore, be it NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 2nd day of December 2003 at 8:15 I~.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to Amendments to Chapter 32, 'Boats, Docks and Wharves' of the Code of the Town of Sonthold" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in relation to Amendments to Chapter 32, 'Boats, Docks and Wharves' of the Code of the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold, as follows: Section 1. Chapter 32, BOATS, DOCKS AND WHARVES ARTICLE II, taablic Docks § 32-19. Legislative Findings and Purpose. A. The Town Board of the Town of Southold finds that rapid growth, the spread of develol~ment and increasin~ demands upon natural resources are encroachin~ upon or eliminatin~ many of its wetlands and patent lands, which, if l~reserved and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreational and economic assets to existin~ and future res/dents of the Town of Southold. In addition, there has been a significant increase in the al~plications for and the numbers of fixed and floatin~ l~iers and docks accessory to upland residential and other uses. iMost of these structures and the uses they support are on and in publicly owned land and waters and always have some effect on physical, biological, ecosystem functions and value& development December 2, 2003 Public Hearing-Chapter 32 2 patterus and the aesthetic character of the area. Therefore it is essential to regulate the type and placement of such structures. B. Purpose: Therefore, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Docks shall be regulated in order to maintain and contribute to the following resoume area values and the attributes and functions they possess: erosion and sedimentation control; storm damage prevention; water pollution control; fisheries: shellfish, including spawner sanctuaries: wildlife habitat: agriculture; aesthetics; and recreation. In addition, the following resource area values also shall be maintained and protected including: protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat; protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; public access to water and land; and the minimization of the impact of new development, reconstruction and/or expansion on the resource area values listed above. § 32-20. Definitions. For the purpose of this Article, the terms used herein are defined as follows: BOA"[' - Every vessel propelled in any manner. CATWALK - An elevated walkway, usually built to gain access to a commercial or residential dock, built at a fixed height above e;rade and which is constructed landward of the hieJa water mark. COMMERCIAL DOCK - Any catwalk, fixed or floating dock or extension of such, designed, used and/or intended for use other than as a residential dock, as defined in this chapter. 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". DOCK LENGTH - The length of a dock, including all fixed docks, ramps, floating docks and mooring piles, as measured from the most landward portion of the structure to the seaward-most portion of the dock or the seaward-most mooring pile, whichever distance is re'eater. FIXED DOCK - An elevated walkway which is constructed at a fixed height above grade and which extends seaward from the high water mark. FLOATiNG DOCK - Any structure, rafi or floating platform which is designed to float upon the surface ofa waterbody and is secured in place by poles, pilings, anchors, or any other twe of moorin~ system that provides access to the water. A floating dock includes the float itself and any pilings or moorin~ system designed to keep the dock at a fixed point. MARINA - Any dock, vier or other facility operated for profit, or to which public patronage is invited, providing moorings, dockage or other marine services primarily for power and sailing yachts, launches or other ~vatercraft, other than floating homes, and which may also be capable of removing any and all watercraft moored or docked within the marina from the water for repair and/or storaffe. MEAN HIGH WATER (MHW) The average of all the water heights observed over a 19 year period. MEAN LOW WATER (MLW) The average of all the low heights observed over a 19 year period. December 2, 2003 Public ttearing-Chapter 32 3 MONOPOLIZE -- The use for an unreasonable period of time to the exclusion of others or to unreasonably restrict or obstruct the use of any public bulkhead, dock or landing owned or controlled by the Town of Southold. PATENT LANDS - All uplands and underwater lands owned in fee title by the Trustees by virtue of the Andros Patent (October 31, 1676). PERSON -- Includes an individual, co-partnership, society, association, joint-stock company, club, corporation and any combination of individuals. PIER - A fixed structure to secure vessels, unloadin~ or loadin~ persons or property or providing access to the water, See Wharf PIER L1NE -- The average seaward projection of one or more existing permitted docks, piers, wharves or floats. The average seaward projection is calculated by adding the length of all docks within the immediate area and dividin~ by the number of said docks. PRE-EXISTING NON-PERMITTED AND/OR NON-CONFORMING STRUCTURES - A structure, use or lot that is not otherwise permitted but which is allowed to continue solely because it was lawfully existin~ prior to the effective date of the original law or ordinance or prior to any subsequent amendment, as the case may be. Any determination of lawful existence must at least include a review of prior land use laws and ordinances. RESIDENTIAL DOCK - Any catwalk, fixed dock and/or floating dock desi~med or constructed as a continuous unit to provide access to the surface waters from a lot that is zoned for residential use. The term dock shall include all associated structures such as ramps and mooring piles. TOWN WATERS - Any waters within the ~eographic boundaries in the Town of Southold including, but not: limited to: 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, Gull Pond, Halls Creek, Hashamomuck Creek, Havwaters 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 Wurmewata Pond. SHEATHING Vertical structural components of a bulkhead or retainin~ wall necessary to keep soil and sediment from passing through the structure. SOUND - Long Island Sound, Fishers Island Sound and Block Island Sound STRUCTURAL COMPONENTS -- Pilings, deadmen, rails, whalers and other significant components used to hold to~ether and anchor docks, piers, wharves, jetties, groins and other structures. VEGETATED WETLANDS - Any and all wetland types supporting or capable of supportin~ emergent, submerged or floating-leaved vegetation as described in Chapter ~ 97-11. "Definitions." WHAPd* -- See Pier. WATER-DEPENDENT USES - An activity which can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. The uses include, but are not limited to commercial and recreational fishin~ and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketin~ facilities, waterfront dock facilities, shipyards and boat buildin~ facilities, navigation aides, basins and channels, industrial uses dependent upon water-borne transportation or reouiring large volumes of cooling or processin~ water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide ~eneral public access to marine or tidal waters. § 32-21 .Monopolization of docks, bulkheads and landing places prohibited. December 2, 2003 Public Hearing-Chapter 32 4 It shall be unlawful for any person to monopolize, to the exclusion of others, any public dock, public bulkhead or public landing place within the boundaries of said Town of Southold (excluding therefrom the territory within the limits of the Incorporated Village of Greenport). § 32-22.(Reserved) Standards for Residential and Commercial Docks It shall be the policy of the Town of Southold that all docks shall be desim~ed, constructed and located so as to reduce a dock's potential adverse impacts to navigation, public safety, waterway coneestion, access to public trust lands and water, and natural resources and habitats. The following standards will serve as a basis for ~rantine, denying, or limitine permits for the construction of docks. A. General Rules 1. No dock shall be constructed, altered or removed without a permit issued bv the Southold Town Trustees. In determinine whether to approve such application, the Trustees shall consider the factors contained in paragraph { 32-22 D. below and all other provisions of this law. Permits shall be applied for l~ursuant to procedures set forth in Chapter 97. 2. All docks shall be constructed of sturdy, durable and stable materials capable of maintaining position and location, suv¢orting pedestrian traffic, and resistin~ lateral loads resulting from wind, wave, and impact forces. Docks shall be constructed, where possible, to permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modification of the shoreline. Applicants shall certify as to the structural integrity of the dock so as not to cause a threat to the person or property of others. 3. 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"), commercial copper quat (ACO), creosote, penta products or homemade wood l~reservatives is prohibited for use in sheathine and decking. Materials used for structural components shall be determined at the discretion of the Trustees. 4. All docks shall provide a safe pedestrian surface at all times parallel to the water surface, except for ~angwavs onto such docks from the shoreline or extensions thereof, which gangways shall have a nonskid surface. 5. All docks, including any vessel tied to the dock, shall have a minimum clearance of fifteen (15) feet of the seaward extension of any property line from adiacent parcels so as not to interfere with the neighbor's access to waters, unless the Trustees decide otherwise for navigational or ,other reasons. Waterside boundaries can be identified using the appropriate method for the :shape of the shoreline for Long Island waters specified in 9 NYCRR 274.5. 6. All docks and floats shall have the appropriate permit number permanently affixed to the most seaward face for identification. Said numbers shall be at least three (3) inches high and constructed of metal, wood, vlastic or other material such that they can withstand exposure to the elements and are visible from the water. All fixed docks fifty (50) feet or longer in lenffth must be equipped with a US Coast Guard approved regulatory navigation light at the seaward end of the dock. Except for structures used for water dependent uses, there shall be no permanent structure ]located on or above the decks of docks, ramps and floats. ,amy avplication for a dock to be constructed at the end ora right of way or commonly-held land requires the written consent of all varties having an interest in the right of way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entitv(ies) with a legal or beneficial interest in any existing or proposed docking facility. All avvlicants for docks, includin~ catwalks and ramps, extendin~ across the foreshore shall be Decemher 2, 2003 5 Public Hearing-Chapter 32 10. B. 1. 2. required to Rive and maintain a public passin~ way, on the upland, not less than five (5) feet in width, to enable persons to pass and repass around said dock or by steps or a ramp allowin~ pedestrian passage. Pre-existin~ non-permitted and/or non-conformin~ structures cannot be replaced in kind without full review and approval by the Trustees. Dock Locations and Lengths No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetland areas. Within creeks and other narrow waterways, no dock length shall exceed 1/3 the total width of the water body. Determination of the lenff~h of the dock must include the dimensions of the vessel. Prohibited Locations and Activities a. Given the uniclue and sensitive natural environmental characteristics described in the Town of Southold Local Waterfront Revitalization Plan and the New York State Department of State Significant Habitat descriptions, no new docks will be permitted, over vegetated wetlands or such that it causes framnentation of vegetated wetlands, in Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond and West Creek b. Machine excavation is prohibited in tidal or freshwater wetland areas. c. Placement of fence, mesh or other material preventin~ passage under docks is prohibited. d. Floatin~ docks, other floats and dock components and duckblinds shall not be stored on tidal or freshwater wetland or other intertidal areas. Regulations for the Placement and Configuration of Dockin~ Facilities Residential Docks: a. Only one dock or moorin~ is permitted per residential lot. A residential dock must be configured so that no more than two boat slips or berths are created. b. If any part of a residential dock structure includes a float or floating dock, the float or floatin~ dock portion shall be designed so that, with the exception of the pilings, 1. it is no lar~er than six (6) ~vide and twenty (20) feet lon~.; 2. it is removed durin~ the winter months and reinstalled in the sprin~; and 3. no part of the floatin~ dock will contact the bottomland durin~ a normal low tide. c. In determining the permitted length of a proposed residential dock the Trustees shall seek to maintain lengths consistent with the other docks in the waterway which meet the requirements of this law. d. Pilings shall not project more than three (3) feet above the surface of a dock or catwalk. e. All excess fill from installation of pilings must be removed from tidal or freshwater wetland area on the same day as installation and disposed of in an approved upland disposal area. f. Tie off poles associated with residential docks will only be permitted to secure one (1) vessel. If the dock utilizes a float the poles shall not proiect farther seaward than the outer edge of the float. Ifa ramp and float are not used the pole(s) can be situated seaward of the end of the dock sufficient to secure the vessel. ~. Only one hand rail is permitted on a residential dock unless the need for two is demonstrated. Rails shall not be hi~her than three (3) feet above the surface of the dock and posts shall not be placed closer than 6 feet on center or lar~er than 4"x4" in December 2, 2003 Public Hearing-Chapter 32 6 dimension. h. Residential catwalks and ramps are limited to four (4) feet in width. i.. Residential boatlifts are prohibited. 3. Marinas and Yacht Clubs: a. If docks for overnight vessel use to be constructed, the marina or yacht club must provide pump-out facilities for vessel sanitary waste. b. Marinas and yacht clubs shall be subject to site plan and special use permit review. 4. Restaurants: a. Boat slips may be distributed between berths and mooring buoys. b. The docking and mooring facilities shall be the minimum necessary to accommodate the permitted number of boat slips. c. Restaurants shall be subject to site plan and special use permit review. D. Review and Approval of Dock Applications 1. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: (i) Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water dependant activities; Whether the dock will unduly interfere with transit by the public along the public (ii) (iii) (iv) (v) (vi) (vii) beaches or foreshore; Whether the dock will adjacent to or near the Whether the dock will Whether the dock will and wildlife habitats; significantly impair the use or value of waterfront property dock; cause degradation of surface water clualiW and natural resources; cause habitat fragmentation and loss of significant coastal fish Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Rupt~ia maritima) or shellfish; (viii) Whether the dock will unduly restrict tidal flow or water circulation; (ix) Whether the dock will be safe when constructed; (x) Whether the dock will adversely affect views, viewsheds and vistas important to the community; (xi) Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative imr~acts; and (xi) Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service 2. Based upon the foregoing, the Trustees may approve, approve with conditions or deny the permit. If approved, it shall specify thereon the number of boats which shall be permitted to dock at or be placed upon the property. 3. In the event of a violation of this chapter or if an owner or person in charge of the property with the Town laws, ordinances, rules, regulations and codes respecting docks, the Trustees may revoke the permit granted hereunder and seek removal of any dock constructed without a permit described herein or built in violation of these standards and/or restrictions established by a permit issued by the Southold Town Trustees. December 2, 2003 Public Hearing-Chapter 32 ARTICLE V, Administration and Enforcement § 32-50. Enforcing officer. It shrill be the duty of the Code Enforcement Officer or Bay Constable and his deputies and assistants to administer and enforce the provisions of this chapter. § 32-51. Notice of violation. A. Whenever the Code Enforcement Officer or Bay Constable has reasonable grounds to believe that operations regulated hereby are being 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 property or the owner'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 has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions 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 tight to apply for a hearing before the Board of Trustees of the Town of Southold, 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 premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Code Enforcement Officer 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 irmnediate compliance. E. In the event that the person upon whom a notice of violation 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 Code Enforcement Officer or Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 32-51C to fail to comply with such notice. [Added 3-22-1988 by L.L. No. 3-1988] § 32-52. Hearing. A. Any person affected by a notice of violation issued pursuant to the preceding section hereof may request and shall be granted a heating before the Board of Trustees, provided that such person shall file a written request therefor with the Town Clerk within ten (10) days after service of the notice of violation. Such request shall have annexed thereto a copy of the notice of violation upon which a hearing is requested and shall set forth the reasons why such notice of violation should be modified or rescinded. B. The Town Clerk shall present such request to the Board of Trustees at its next regular meeting. The Board of 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. iM such hearing, the person requesting the same or his representative shall be given an opportunity to show cause why such notice of violation should be modified or rescinded. After such hearing, the Board of Trustees may sustain, modify or rescind such notice of violation or revoke any permit previously issued and shall specify the reasons therefor. D. The notice of violation for which a heating is requested shall continue in effect pending the hearing and detem~ination of the Board of Trustees. § 32-53. Compliance required; penalties for offenses. A. I1~. shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any 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 Code Enforcement Officer or Bay Constable or to conduct any December 2, 2003 Public Hearing-Chapter 32 operation in a manner not in compliance with a permit issued pursuant to this chapter, [Added 3-22- 1988 hy L.L. No. 3-1988] B. For every offense against any of the provisions of this chapter, except Article II, or any regulations made pursuant thereto or failure to comply with a written notice or order of the Code Enforcement Officer or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Code Enfomement Officer or Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. C. For every offense against any of the vrovisions of Article II of this charter, the fines and venalties set forth in ~ 97-34 shall apply. D. In addition to the above-provided penalties, the town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. Section 2. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 3. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have several letters and communications to the Town in regard to this. I also have a notice that it has appeared on the Town Clerk's bulletin board outside and it has appeared in the Traveler-Watchman newspaper. I have a communication from the Department of Planning in the County of Suffolk, pursuant to section A14-14. "The above referenced application is not within the jurisdiction of the Suffolk County Planning Commission." I should have something, I did read before something from oar Town Planning Board and here it is. "The Planning Board has reviewed the proposed amendments to Chapter 32. The Planning Board supports the proposed amendments and recommends that the Board approves that local law as it stands." They had some suggestions in regard to section 97, they don't have any specific suggestions in regard to Chapter 32. I read already a letter from Heather Ferguson, President of the Fishers Island Civic Association, referenced to both Chapter 32 and 97, ! don't think that I need to read it ag~fin, we will just see that it will be incorporated as part of that. SUPERVISOR HORTON: All of these letters at this point can be... COUNCILMAN WlCKHAM: That is right. It looks to me like there is nothing here specific to Chapter 32 that we didn't already read into the record. That is it. SUPERVISOR HORTON: Thank you, Councilman Wickham, again. The floor is open for public comment on this....indeed, sir. ROB HERRMANN: Again, Rob Herrmann of EN Consultants, I am going to honor this gentlemen's request, I only have two comments on this Chapter. I am hoping Mr. Costello will address things like materials for docks so that I don't have to. One is just a technical comment, it is on page 6 under B-2, December 2, 2003 Public Hearing-Chapter 32 indicates within creeks and other narrow waterways, no dock length shall exceed one third the total width of the water body. The determination of the length of the dock must include the dimensions of the vessel. You probably want to notate how the width is calculated, the width of the waterway or I think i[t is actually listed as the width of creek as defined in 97 but it is not defined here. It is not used in 97 but it needs to be used here. So, here again, I think the Trustees, they really have sort of a subliminal hankering to have two different laws here but you want to include that definition in here where it is of use. My only really major substantive comment is at the end of this section, you outline 12 different standards for the review and approval of dock applications. They are very comprehensive and it would appear to indicate that the Trustees, in order to make a decision on a dock application, have to analyze all of these different standards. But under, again on page 6 under B-l, there is sort of this sweeping notation that no dock shall be erected or extended if in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shellfisheries, scenic quality, habitats or wetlands areas. This is sort of a synopsis of the standards at the end, it should be taken out. The problem with it is if you get a couple, or I guess three correctly, Trustees who decide that they don't really like docks, this one section would allow them to deny every single dock application because they feel that it adversely affects scenic quality. Instead, let the Board rely on this series of standards at the end as they should, and take this out, it really is out of place and is really just a synopsis of the standards at the end. Thank you. SUPERVISOR HORTON: Thank you, sir. TOWN CLERK NEVILLE: For the record, sir, would you please state your name again? ROBERT HERRMANN: 1 am sorry, again, it was Robert Herrmann. SUPERVISOR HORTON: Are there other comments from the floor, on Chapter 32? Yes, sir. THOMAS O'NEILL: Thomas O'Neill. I have lived on Goose Creek for over 50 years and I have observed it very closely. I am in general agreement with, oddly enough, with everything that has been said tonight in terms of purpose and goals and observations. I think that the only thing that divides us is the details and certain misunderstandings and clarifications being necessary. First I would like to ask if Article 32 and 97 are available in their entirety. I confess that I only get into Town Hall twice a year to pay my taxes, I don't subscribe to any local papers, I have been keeping my ear to the ground with my neighbors throughout the Township and I was unaware that comments were being solicited, either in writing or by appearance. Are these articles, as proposed, available perhaps in the Town Clerk's office? SUPERVISOR HORTON: Yes, they are, sir. MR. O'NEiLL: Okay. Since Article 32 and 97 are parallel generally with revisions possible, I would suggest that the Town Board, if necessary, extend the moratorium to allow time for people who have had their head in the sand, unavoidably as I have, to find out more about this, offer whatever comments we have and I understand from what you have said, that the process is already in effect to hold another heating, that this hearing is open or something to that effect. The only thing that I would add to what I have heard so far, is that ever since the establishment of the coastal zone approximately 10, 15, 20 years ago, it was my understanding that the Town would eventually come into compliance with their December 2, 2003 Public Hearing-Chapter 32 10 town roads individual citizens are. In the interests of the purity and the quality of the water and our creeks and waterfront, I think a lot of the degradation that has occurred is occurring because of unbridled ran-off from the town roads. I would hope that the Town Trustees are going to hold the Town to the same standards of pollution control and filtering of mn-off that they are and should be holding individual homeowners to. I would suggest that the decision on both of these Chapters be held at a fi~ture date and as I said in the beginning, if necessary, extend the moratorium to continue to protect the Town and its beauty. I started making notes only a few minutes ago, I didn't expect to speak and my turn came before I had completed this. I would like an opportunity to review these articles and submit in writing to the Town Trustees, these and other thoughts that I might offer for their consideration. Thank you. SUPERVISOR HORTON: Thank you, sir. And I think that you will certainly have that time. Are there other comments from the floor? Mr. Strong. MR. STRONG: Just a procedural question. If these are opted to be extended, if we have any additional written communication of input, should it go to the Trustees or should it go to the Town Board during the next month for further .... SUPERVISOR HORTON: You should send it to the Town Clerk's office and cc the Trustees. And the Town Clerk's office, just as a matter of practice, will generally get it right to the Town Board and the Trustees as well. MR. STRONG: Thank you. SUPERNISOR HORTON: Thank you, Jeff. Mr. Kramer. JOHN KRAMER: I will be brief. John Kramer, Southold. I just want to reiterate that we heard tonight from probably five property owners. T here is probably 2500 of them out there and they don't know what is going on. I agree it is my fault, it is their fault. They don't know what is going on. I see a lot of things in here that are very interesting about docks and you know, I don't want to take up anybodies time tonight, I can write these things out but I hope that you will consider that there is a lot of very interested tax payers out there who have no clue to what is happening and I hope that you will keep the period open where we can get some input. Everybody agrees that the effect of this is wonderful, nobody has any problem with that. Thank you. SUPERVISOR HORTON: Thank you, Mr. Kramer. Are there other comments from the floor on Chapter 32? AgaJ~n, this hearing will be closed but the Board of Trustees will revisit the legislation, as will the Town Board. Therefore, before any legislative action can be taken, it will have to be noticed and sent to a public hearing again, at least one more time. Mr. Nickles. JOHN NICKLES, JR.: Joba~ Nickles, Junior, Southold. I guess I would like some clarification. Page 6A #10. Preexisting non-permitted and or non-conforming structures cannot be replaced in kind without full review and approval by the Trustees. I guess I would like to know what does that do to the status of the grandfather clause in Southold and pre-existing structures. Page 6, the fourth one from the top. Under A General roles, #10. December 2, 2003 11 Public Hearing-Chapter 32 SUPERVISOR HORTON: Pre-existing, non-permitted. MR. NICKLES, JR.: So, I have a big concern about what this rule does to grandfather clauses for pre- existing and non-conforming structures in the Town of Southold. I guess that is a question that maybe the Town Attorney might want to answer. I understand it is a public hearing and maybe we are not answering questions right now, but that is a major concern that I have about that. SUPERVISOR HORTON: Mr. Nickles, if I can just, I am try/ng to get my mind around that same question. Does it pertain to say, a dock that you would no longer permit under your current standards, a dock that was built (unidentified, inaudible comment from audience) if you are going to address it in your remarks, you don't have to do it now. MR. NICKLES, JR: It pertains to something maybe that was built prior to zoning, prior to code. That is what it pertains to. I guess, I too, would like there to be a bit more time to go through this. I am somebody that has been involved and like a lot of people, this took me by surprise a little bit, maybe I should have been paying attention a little bit more. I think that one of the things that the Town definitely could do if you don't want to keep hearing these same comments from bewildered people in the crowd, is if maybe you want to send them a certified letter, if the law is going to affect them. That is just ,one suggestion. And I think that you probably would have seen a lot more people show up here tonight. Thank you. SUPERVISOR HORTON: Thank you. Are there other comments from the floor? Mr. Nickles. JOHN NICKLES: I am the other John Nickles. I am a taxpayer, property owner in the Town of Southold and I am embarrassed to say that I found out about this at 5:05 this afternoon when I called my son to say that I had gotten safely back on the ground at JFK. So obviously [ have nottfing to say about any specifics but I would like a question answered. Is the first hearing being held open for comments and is this hearing being held open for comments? Because I would like a chance to review the proposed changes and make a comment on it. SUPERVISOR HORTON: Well, actually, I will make a command decision on that. The hearing on 97 was closed but I think that we do have the ability to accept written comments for a period of time, set by this Board. MR. NICKLES: Would that be 30 days? That is what I would suggest. SUPERVISOR HORTON: Well, I will discuss briefly with the Board. We can accept comment for another 2 weeks. What would be beneficial to the Trustees, but keeping in mind the public's ability to respond to this. COUNCILMAN WICKHAM: How much longer does the moratorium extend to? MR. KRUPSKI: One of the reasons that we had... SUPERVISOR HORTON: Mr. Nickles, if you have more to address, you can finish and then we will have an answer for you. December 2, 2003 l 2 Public Hearing-Chapter 32 MR. NICKLES: I would like to express my admiration for the Trustees, I was here a few months ago and watched them working. They are definitely a Board trying to do the right thing, so I can't say anything positive or negative about something I know nothing about. But as a property owner, 1 am concerned. As an old man, I hate change. So, I would like to know what it is that we are going forward with, hopefully, it is all good. As someone mentioned tonight, the devils and their particulars. The motivation is good, we just need to know the details. Thank you. SUPERVISOR HORTON: Thank you, and we will have an answer for you about the extension of written comment before you leave this evening or before we adjourn this evening. Mr. Krupski. MR. KRUPSKI: We have been, just to address the comment on the moratorium .... SUPERVISOR HORTON: Say it like it is, Al. MR. KRUPSKI: I am trying not to offend you, Josh. SUPERVISOR HORTON: It is hard to offend me. MR. KRUPSKI: One of the big concerns of the Board of Trustees was that we have this moratorium and a year ago, when we wrote the specifics and the particulars of our moratorium, we wanted to do it in such a fashion that it wouldn't close down any activity in our jurisdiction, which is 100 feet from any wetland or anything in the wetland or anything in the creek. And so, the way it was written, it only affected waterfront, vacant waterfront lots and anything in the water. To give you an example about how it didn't shut us down, the first three months of the moratorium this year, with the moratorium, were busier application wise than the previous first three months of the previous year. And that just goes to show you the amount of activity that is going on and the fact that we didn't want to shut the whole office down. Now, one of our big concerns was trying to get this legislation written wittfin a year, so that we don't have to extend the moratorium because it is affecting people who are waiting for dock applications and it is affecting people with vacant land. Now, throughout the year, we have issued letters of non-jurisdiction on people with waterfront property, with vacant land large enough to operate outside of our jurisdiction. So they could put a house 100 feet from the wetland boundary and they can still do that this year. So, my concern is and not that I have a problem with incorporating the comments that we got tonight because we got a lot of comments, and I wish that we had gotten these comments months ago because then we could have done this in a timely fashion as opposed to last minute, 'oh, my gosh'. So my concern is that if the Town Board makes the decision to hold off on these hearings and incorporate all of these good comments into the text of the draft of 97 and 32, that we do so within a narrow time frame. That we say, because 1 don't want to keep extending the moratorium on and on, I really want to wrap it up to get things back for everyone who is affected by it. So that is our concern that, you can extend it but please give us a finite period of time and we will work within that to incorporate these comments and any other written comments that people are going to think: about within the next few days so that we can move it ahead. I just had a couple of other comments, John Nickles, Junior, with the pre-existing, non-conforming, I think what happens in the past with a lot of these structures is that we go out on field inspection and a lot of these structures were built prior to any necessary permits, the survey was done in 1986 or 1985, creek survey, to try to establish a baseline of structure on the creeks. You know, 99% of these structures were grandfathered December 2, 2003 Public Hearing-Chapter 32 13 at that point in time that existed and unbelievably after, you know, how many years they still pop up now and then that oh, this structure doesn't have a permit but it was built by my grandfather and they have pictures of'people on the docks from 50 years ago. We generally work with those people, a lot of times we do a tittle bit of, I don't know if you would say horse trading, but we do a, we try to minimize the amount of structure no matter what it is to try to accommodate them for what they need. So, I don't think that is going to change at all and it is better to review everything and try to accommodate the applicant and at the same time, protect the resources in the area than just to say grandfather it and we are not going to be bothered with it, so just to address that. SUPERVISOR HORTON: If I can ask you a question and this is addressed to the entire Board of Trustees, the comment that you heard this everfing, the input from the public, if you can give the Board a rough idea of how much of it did you, you know, off the cuff without reading through the minutes and seeing it in its entirety, but from what you heard, how much of it would you see incorporating through your recommendation and what type of time would you need to actually review it and make those changes. MR. KRUPSKI: I think a lot of the comments were worthy of incorporating but I don't know if based on the amount of work that we have done so far, I don't think it is that onerous ora task to incorporate. SUPERVISOR HORTON: So a time frame with that, so we can provide you with the time that you need. JUSTICE EVANS: It goes beyond that because I think there is more comment people want to make. SUPERVISOR HORTON: Right. COUNCILMAN ROMANELLI: Is 10 days enough? SUPERVISOR HORTON: That is not my question. My question is, from what you have heard thus far? MR. KRUPSKI: I am just concerned with meeting the moratorium. So we can stretch it out to whatever we could, we could start working on what we have and then if' you want to do, as Mr. Romanelti suggested, 10 days for additional comment, that would be fine. And then just to try to work within the constraints of the moratorium and then we could get to work on incorporating those comments into the draft. SUPERVISOR HORTON: Yes, Mr, Picker/Il, CHRIS PICKERILL: I think that if we were to incorporate the changes suggested tonight, we could probably do it within 1 week to 10 days, but if we extend out the comment period, which I think we should, it extends a week to 10 days beyond that. But I think we could possibly do it within a week but I would rather have 10 days to do that. SUPERVISOR HORTON: So we will leave the public comment per/od open for 10 days on both wetlands codes. Yes, Brownell. December 2, 2003 14 Public Hearing-Chapter 32 BROWNELL JOHNSTON: Brownell Johnston, from Peconic. The reason why I was trying to help out was all the confusion when I tried to get my permit three years ago and when I tried to get my house. But what I am hoping that you are going to do, Josh, is accept 98% of this, 95% of it, whatever. And then we can fix two months from now, three months from now, so that we release...what A1 is trying to say is we want to get back to doing business on the other parts. If there are some small parts you want fixed, you understand where I am going with this? SUPERVISOR HORTON: Very clearly. MR. JOHNSTON: I would like to see 97 and then we can fix those last 2%, 1% whatever. SUPERVISOR HORTON: I understand. MR. JOHNSTON: Does that make sense? SUPERVISOR HORTON: Yes, it does. Okay, thank you. MR. KRUPSKI: I would like to thank the Town Board for all their cooperation. SUPERVISOR HORTON: So the public comment period, if it is agreeable with the Board, it is agreeable to me, will be set for 10 days from this date on both Chapter 32 and 97. Yes, Mr. Strong. MR. STRONG: These revisions and things that are going to be worked on, being as it is in such a short time frame, which I totally support and agree with. Is there a website or something like that, that these could be posted to that could then be put in the papers that would expedite peoples ability to provide that input and comment that everyone wants in a tight timeframe? SUPERVISOR HORTON: Well, what we will do is when the Trustees bring their revisions back to the Board and it is reviewed by the Board and then goes back out to separate public hearing, it will be posted on the website for people to review. MR. STRONG: Okay. I would just ask that that be specified because I don't know that that has been specified that way in the past. SUPERVISOR HORTON: We will do a better job on that. MR. STRONG: Maybe I missed it, but I think it would help, especially people that aren't necessarily right around, you know, summer residents and things. Thank you. SUPERVISOR HORTON: Thank you. Mr. Finora. JOE FIN'ORA: Joe Finora, Mattituck. One brief comment. I sympathize with the Trustees for all the time that they put into this and they want to get it put to bed, is this going to be, you know, put in stone and be the same 100 years from now? I mean, there should be some amendment procedures in the future, if we see that it is not working or if there are some things that haven't been addressed. I am sure that there will be a time in the future when amendments to whatever is passed... December 2, 2003 15 Public Hearing-Chapter 32 SUPERVISOR HORTON: These laws can always be revisited, repealed, changed, added to. Thank you, Joe. I appreciate it. I saw one more hand go up. Yes, sir. ERN1E SCHNEIDER: Emie Schneider, Southold. I want to thank A1 and the Trustees and the Board, I am not a person for regulation, I like to be left on my own, but I also have great respect for the environment, for my neighbors. I am so thankful to hear that the Trustees are resisting extending the moratorium, as every Board in Southold, Suffolk County and DEC knows, I have been going for t~'ee years :Lo get a silly little lot line change and now I am going for a dock permit, I don't want to wait another ttu:ee years. I appreciate expediting and getting it done. I don't mind the regulation, ifI know what I am dealing with, I can deal with it. But hanging on, all this time, and like John says, I am an old man now, I don't know ifI am going to live long enough to build this house and get into it. Thank you. SUPERVISOR ttORTON: Are there any other comments from the floor? (No response) This hearing is closed. Southold Town Clerk D~PAF~'~MENT OF PLANNING COUNTY OF SUFFOLK ROBERT d, OAFFNEY SUFFOLK COUNrTy EXECUTIVE November 24, 2003 RECEIVED P E~':; !?'73 Southohl Town Cler~ THOMAS ISLES, AICP DIRECTOR OF PLANNING Town Clerk Town of Southold Re: Proposed amendments to Chapter 32 of the Code of Ordinances of the Town of Southold (public hearing: 12/2/03) Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application(s) are/is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Thomas Isles Director of Planning GGN:cc S/s Gerald G. Newman Chief Planner G:ICCHORNY~.ONING~ONINGIWORKING\NON JUR~OO3\SD32 NOV LOCA~ON MAILING ADDRESS H LEE DENNISON 8LDG - 4~}4 FLOOR · P 0 BOX 6100 · (631) 859-5190 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICI-IARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Elizabeth Neville, Town Clerk The Southold Town Board From: Bennett Orlowski Jr., Chairman Date: December 2, 2003 Proposed Local Law in relation to Amendments to Chapter 97 Wetlands and Shoreline of the Code of the Town of Southold and Proposed Local Law in relation to Amendments to Chapter 32 Boats, Docks and Wharves of the Code of the Town of Southold. The Planffmg Board has reviewed the proposed amendments to Chapter 97 and Chapter 32 of the Town of Southold Town Code. The Planning Boards supports the proposed amendments and recommends that the Town Board approve the Local Laws with consideration to the following: 1. Section 97-23., Item B. states that "Upon receipt of the application, the Clerk shall fonvard one (1) copy...to the Planning Board ..." The section implies that all applications will be copied to the Planning Board. The Planning Board requests that only applicable applications be copied to the Plamfing Board for comment. Applicable applications would include any previously approved or pending subdivision, set-off or lot line reviewed pursuant to Chapter Al06 of the Town of Southold Town Code. The Planning Board recommends that applications seeking dock permits, mooring permits and other actions exclusive of Planning Board authority not be copied to the Department. Please contact Mark Terry with any further questions. RECEIVED DEC 2 2003 Honorable Joshua Horton Supervisor, Town of Southold 53095 Main Road, P.O. Box 1179 Southold, New York Fax # 631-765-1823 Southold Town Cled, Dear Supervisor Horton and members of the Southold ?own Board: I am writing as President of the Fishers Island Civic Association (FICA) to comment on the proposed amendments to Chapters 32 and 97 of the Town code. 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 also oversees the museum's land trust. She is a wetlands scientist 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 FICA voted to authorize 'me to take this action during a special meeting held on November 30. Please place this letter - and the two previous ones on record for the public hearing on December 2, 2003. Sincerely, Heather L. Ferguson President, Fishers Island Civic Association CC:: Sarah Malinowski, Vice-President Jay Parsons, Vice-President Barry Bryan, Director Mike Imbriglio, Director Peter Rugg, Director Penni Sharp, Director Janio Spinola, Director Louisa Evans, Town Justice and Southold Town Board Leslie O. Goss, Chair, Fishers Island Harbor Committee PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS iMARTIN H SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED To: Elizabeth Neville, Town Clerk The Southold Town Board From: Bennett Orlowski Jr., Chairman~ DEC 2 ?_003 Southold Town Clerk Date: December 2, 2003 Re: Proposed Local Law in relation to Amendments to Chapter 97 Wetlands and Shoreline of the Code of the Town of Southold and Proposed Local Law in relation to Amendments to Chapter 32 Boats, Docks and Wharves of the Code of the Town of Southold. The Planning Board has reviewed the proposed amendments to Chapter 97 and Chapter 32 of the Town of Southold Town Code. The Planning Boards supports th~ proposed amendments and recommends that the Town Board approve the Local Law's with consideration to the following: 1. Section 97-23., Item B. states that "Upon receipt of the application, the Clerk shall forward one (1) copy...to the Planning Board ..." The section implies that all applications will be copied to the Planning Board. The Planning Board requests that only applicable applications be copied to the Planning Board for comment. Applicable applications would include any previously approved or pending subdivision, set-offor lot line reviewed pursuant to Chapter A106 of the Town of Southold Town Code. The Planning Board recommends that applications seeking dock permits, mooring permits and other actions exclusive of Planning Board authority not be copied to the Department. Please contact Mark Terry with any further questions. Oec O~ 03 03:50p Gruner~Gos~ p.! RECEDED ~'~P 2 2003 Southold Town ClefJr, Dec O! 03 OS:50p Grune~Goss S03-~99-t032 Honorable Joshua Y. Horton Supervisor, Town of Southold 53095 Main Road PO Box 1179 Southold. NY 06390 Fishers Island Harbor Committee PO Box 176 Fishers Island, NY 06390 (503) 819-7818 gosslez r~,aol.com December 1, 2003 Dear Supervisor Horton and esteemed members of the Southold Town Board: 1 am writing on behalf of the Fishers Island Harbor Committee to comment on proposed amendments to Chapters 32 and 97 of the Town Code going to public hearing on December 2, 2003. Given that we have just received copies of the proposed amendments regarding docks and wetlands, the purpose o£ this letter is to point out some immediate concerns and respectfully request that the record be left open in order to conduct a more thorough review of the proposed ctmnges and the impacts to Fishers Island. We have distributed the information to people on the island with the appropriate expertise and know that their input will be valuable to the Trustees and to your board. We are grateful to the Trustees for their hard work and appreciate the difficulty in regulating docks and wetlands protection under such variable conditions. However, proposed amendments to Chapter 32 should not include or reference Fishers Island. The proposed amendments appear to be developed for docks in fairly protected waters and are unsuitable for the more exposed conditions at Fishers Island. Additionally, in 1997, the Code was amended creating Chapter 33, which is specific to Fishers Island and these types of issues. Given Section 33-3, which establishes the Harbor Committee, perhaps we could work with the Trustees to develop dock construction and permit guidance for codification in Chapter 33 that is specific to Fishers Island and conditions here. After a very cursor5, glance, two thoughts come to mind regarding amendments to Chapter 97. I believe that all or portions of the island are listed as CEA in Reach 10 of the LWRP. Perhaps this should be noted in the Definitions clause, 97-11. Also, lbr practical application purposes, neither of the Fishers Island Bay Constables nor the Code Enforcer possesses the wetlands delineation skills necessary to enl'orce Chapter 97 on Fishers. Thank you for your consideration of these matters. Please know that ~ve are supportive of the findings and purposes outlined in the proposed amendments for Chapters 32 and 97. We look Dec O1 0~] 03:~0F G~un¢ ~Go~s 50~-~99-10~ ~.3 for~vard to working with members of your staff or the Trustees so that these amendments make sense l'or Fishers Island too. ~ Sincerely, /'x Leslie O. Goss Chair Cc: Albert Krupski, Southold Town Trustee Louisa Evans, Southold Town Justice Heather Ferguson, Fishers Island Civic Association Members of the Fishers Island Harbor Committee BL and Don Mosle BL and Don Moyle 1920 Minnehaha Blvd Southold, NY 11971 Southold Town Board cc/Trustees Southold, NY 11971 (203} 834-37S4 Southold Town Board o~ Trustees We have been property owners and tax payers since 1963. We have concerns regarding the proposed requirements outlined in Section 32 to be enacted to law. Our docks were built around 1968 and have been maintained since then and qualify as "pre-existing and non conforming". Our questions are: 1--Will a permit be required to replace decking etc. and must replacement of decking conform with 32 ? 2--Will replacement of docks require a permit? 3--Will existing bulkhead repacement/repalr require permits? 4--I understand that existing dock owners that have pe~.fits will be exempt from complying with 32. Some oftbese would be in violation. This would give tbem a preferential position, We have always been concerned about the same objectives that the Board has in proposing this legislature however consideration should be given to those owners that constructed docks prior to permit requirements. Would appreciate a response. (772) 234-2345 or 765-30,~f/ BLandDon~aol.com December 4, 2003 NORTH FORK £NVlRONkI£NTAL COUNCIL, INC. Rt. 25 at Love Lane, PO Box 799, Mattltuck, NY 11952 TeL: 631-298-8880 Fax: 631-298-4649 nfec@optonline.net www.nfecl.org December 2, 2003 Supcrvisor Joshua Horton Justice Louisa Evans Councilman William Moore Councilman Craig Richter Conncilman John Romanelli Councilman Thomas Wickham RECEIVED S0uth01d Town Dear Members of the Board: North Fork Environmental Council supports the adoption of the proposed "Local Law in relation to Amendments to Chapter 97" and the adoption of the proposed "Local Law in relation to Amendments to Chapter 32". Over the past several years, the development that has occurred in the rest of the Town is evident on our creeks and waterways, contributing the degradation of our wetlands. Applications for permits for new construction have been before the Trostees in areas that should never be considered for development. Southold's wetlands are one of our most precious assets and these proposed local laws, if adopted, will go a long way to protect these irreplaceable resources. The Town must be ever vigilant in its efforts to protect our marshes, creeks, beaches and waters. Both proposed amendments do a good job of outlining the purpose and intent of the legislation, which are supported by both the Town's Local Waterfront Revitalization Program and the Peconic Estuary Comprehensive Management Plan. Critical Environmental areas are named, and definitions expanded. All of this will lead to better clarity and better protection of our coastal areas. The proposed amendments to Chapter 97 will give the Trustees the ability to better define parameters for issuing permits, will allow for follow-up to ensure that permit specifications are being followed, and will take a major step in implementing significant ramifications for those who chose to break the laws that protect the wetlands of Southold. In other words, the consequences would be significant and go beyond "just the cost of doing business". The amendments to Chapter 32 will give applicants clear guidelines, will control the "overdevelopment" of our creeks and open waters, and will ensure property owners reasonable use of their land ~vhile protecting the public good. The Town Board heeded the recommendations of the Board of Trustees and instituted a moratorium on new construction in the Trustees' jurisdiction. The Trustees have utilized that time well by developing sound legislation. We encourage the Town Board to adopt these Local Laws. Yours truly, Gwynn Schroeder NFEC Southold Coordinator a non-profit organization for the preservation of land, sea, air and quallty of life printed on ~'~ recycled paper ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 24, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing at 8:15 pm on December 2, 2003, regarding the following Local Law, entitled, ""A Local Law in relation to Amendments to Chaoter 32, 'Boats, Docks and Wharves' of the Code of the Town of Sonthold". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Plarming Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE ELIZABETH A. NEVILLE TOWN CLERK REGISTI~ OF VITAL STATISTICS MAI~RIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 24, 2003 ~ PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hea~g at~_.~m on December 2, 2003, regarding the following Local Law, entitled, '"'A Local Law in relation ~o Amendments to Chaoter 32, 'Boats, Docks and Wharves' of the Code of the Town of South~th~l"...,, Ceded copies of this resolution is enclosed, to Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signatur~ Received By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE ELIZABETH A. NEVILLE TOWN CLERK REGISTt~kR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 24, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Heating at 8:15 pm on December 2, 2003, regarding the following Local Law, entitled, '"'A Local Law in relation to Amendments to Chaoter 32, 'Boats, Docks and Wharves' of the Code of the Town of Southold". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachmenls cc: Suflblk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Receivdd Date: £ECEIVED ~euthold Town Cleft DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE NOV 2 5 2003 Planning Boar~ ELIZABETH A. NEVILLE TOV~N CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown,northfork.net OFFICE OF TI-IE TOWN CLERK TOWN OF SOUTHOLD November 24, 2003 PLEASE TAKE NOTICE that the Town Board of thc Town of Southold will hold a Public Hearing at 8:15 pm on December 2, 2003, regarding thc following Local Law, entitled, ""A Local Law in relation to Amendments to Chaoter $2, 'Boats, Docks and Wharves' of the Code of the Town of Southold'. Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Plalming Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Sig~t~f.eg, Received By Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE ELIZABETH A. NEVILLE TOWN CLEHK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 24, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing at 8:15 pm on December 2, 2003, regarding the following Local Law, entitled, '"'A Local Law in relation to Amendments to Chaoter 32, 'Boats, Docks and Wharves' of the Code of the Town of Southold". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Plarming Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE ELIZABETH A. NEVILLE TOV~rN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 24, 2003 PLEASE TAKE NOTICE that the Town Board of thc Town of Southold will hold a Public Hearing at 8:15 pm on December 2, 2003, regarding thc following Local Law, entitled, ""A Local Law in relation to Amendments to Cha0ter 32, 'Beats, Dock~ and Wharves' of the Code of the Town of Southold". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and retum to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 24, 2003 PLEASE TAKE NOTICE that thc Town Board of thc Town of Southold ~vill hold a Public Hearing at 8:15 pm on December 2, 2003, regarding the following Local Law, entitled, ""A Local Law in relation to Amendments to Chapter 32, 'Boats, Docks and Wharves' of the Code of the Town of Southold'. Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, RecOived By ~ Date: DUPLICATE TO BE SIGNED AND ~TA3~_~_____._..__~ SOUTHOLD TOWN CLERK IN RETURN ENVELOPE ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P,O, Box 1179 Southold. New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 24, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing at 8:15 pm on December 2, 2003, regarding the following Local Law, entitled, '"'A Local Law in relation to Amendments to Chapter 32, 'Boats, Docks and Wharves' of the Code of the Town of Southold". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Rec(~ved By Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE COUNTY OF SUFFOLK STATE OF NEW yORK ss: Lise Mafinace, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for ...... (.....week(~ ,~,_,successively, commgncing on the.....~..~-- ........ day of ........ }oo3. Swam t? before me this-~..~...day of " Notary Public LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HI~REBY GIVEN, that there has beenpre- sented to the Town Board of the Town of Southotd, Suffolk County, New York, on the 18th day of November 2003 a Local Law entitled ~ relation to Amendments to Chapter 32. 'Boats. Docks and Wharves' of the Code of the Town of Southold' now, there- fore, be it NOTICE IS HEREBY FUR- ' THER GIVEN that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 2nd day of December 2003 at 8:lSp.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law enti- tled, "A Local Law in relation to Amendments to Chapter :t2. 'Boats, Docks and Wharves' of See Legals next page~ Emily Hamill NOTARY PUBLIC, State of New york No. 01HA5059984 Q~Jalified in Suffolk County Commission expires May 06, 2006 Legals from preceding page the Code of the Town of South01d" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in relation to Amendments to Chapter 32, 'Boats, Docks and Wharves' of the Code of the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold, as follows: Section I. Chapter 32, BOATS, DOCKS AND WHARVES ARTICLE 11, P::~Ec, Docks § 32-19. Legislative Findings and Purpose. A. The Town Board of the Town of Southold finds that rapid growth, the spread of development and increasing demands upon natural resources are encroaching upon or elimi- nating many of its wetlands and oatent lands, which, if preserved and maintained in an undis- turbed and natural condition. constitute important physical. social, aesthetic, recreational and economic assets to existing and future residents of the Town of Southold. In addition, there has been a significant increase in the applications for and the numbers of fixed and floating piers and docks accessory to upland residential and other uses. Most of these structures and the uses they support are on and in publicly owned land and waters and always have some effect on physical, biologicak ecosystem functions and values. development patterns and the aesthetic character of the area. Therefore it is essential to regu- late the type and placement of such structures. B. Purpose: Therefore. the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preser- vation, proper maintenance and use of its waters and wetlands. Docks shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: erosion and sedimentation control: storm damage prevention: water pollution control: fisheries: shellfish, including spawner sanctuaries: wildlife habitat: agriculture: aesthetics: and recreation. In addition, the fol- lowing resource area values also shall be maintained and protect- ed including: protection and enhancement of existing vegeta- tion cover in order to maintain water quality and wildlife habi- tat: protection of wildlife, water- fowl. and plant habitat and the maintenance of existing popula- tions and species diversity: pre- vention of loss or degradation of critical wildlife and plant habi- tat: public access to water and land: and the minimization of the impact of new development. reconstruction and/or expansion on the resource area values list- ed above. § 32-20. Definitions. For the purpose of this Article, the terms used herein are defined as follows: BOAT - Every vessel pro- pelled in any manner. CATWALK - An elevated walkway, usually built to gain access to a commercial or resi- dential dock. built at a fixed height above grade and which is constructed landward of the high water mark. COMMERCIAL DOCK - Any catwalk, fixed or floating dock or extension of such, designed, used and/or intended for use other than as a residential dock, as defined in this chapten DECK1NG Horizontal struc- tural 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 bulk- head or the upland and extend- lng over the water's surface. designed to secure vessels and orovide access from the shore to a body of watch For the purpose of this chapten this term shall also include the associated struc- tures necessary to cross wet- lands and adjacent natural areas. The term "dock" includes the terms "wharves." "piers," "fixed docks." "floating docks." "floats" or "catwalks". DOCK LENGTH - The length of a dock. including all fixed docks, ramps, floating docks and mooring piles, as measured from the most landward portion &the structare to the seaward-most oortion of the dock or the sea- ward-most mooring pile. whichever distance is greater. FIXED DOCK - An elevated walkway which is constructed at a fixed height above grade and which extends seaward from the high water mark. FLOATING DOCK - Any structure, raft or floating plat- form which is designed to float upon the surface of a waterbody and is secured in place by poles. pilings, anchors, or any other type of mooring system that pro- vides access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep the dock at a fixed point. MARINA - Any dock, pier or other facility operated for profit, or to which public patronage is invited, providing moorings. dockage or other marine servic- es primarily for power and sail- ing yachts, launches or other watercraft, other than floating homes, and which may also be capable of removing anv and all watercraft moored or docked within the marina from the water for repair and/or storage. MEAN HIGH WATER (MHW) The average of all the water heights observed over a 19 year period. MEAN LOW WATER (MLW) - The average of all the low heights observed over a 19 year period. MONOPOLIZE -- The use for an unreasonable period of time to the exclusion of others or to unreasonably restrict or obstruct the use of any public bulkhead, dock or landing owned or controlled by the Town of Southold. PATENT LANDS All uplands and underwater lands owned in fee title by the Trustees by virtue of the Andros Patent (October 31. 1676). PERSON Includes an indi- vidual, co-partnership, society, association, joint-stock compa- ny, club, corporation and any combination of individuals. PIER - A fixed structure to secure vessels, unloading or loading persons or property or providing access to the water. See Wharf PIER LINE -- The average seaward projection of one or more existing permitted docks. piers, wharves or floats. The average seaward projection is calculated by adding the length of all docks within the immedi- ate area and dividing by the number of said docks. PRE-EXISTING NON-PER- MITTED AND/OR NON-CON- FORMING STRUCTURES - A structure, use or lot that is not otherwise permitted but which is allowed to continue solely because it was lawfully existing prior to the effective date of the original law or ordinance or prior to any subsequent amend- ment. as the case may be. Any determination of lawful exis- tence must at least include a review of prior land use laws and ordinances. RESIDENTIAL DOCK - Any catwalk, fixed dock and/or float- ing dock designed or construct- ed as a continuous unit to pro- vide access to the surface watem from a lot that is zoned for resi- dential use. The term dock shall include all associated structures such as ramps and mooring piles. TOWN WATERS - Any waters within the geographic boundaries in the Town of Southold including, but not lim- ited to: 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. Matt(tuck Inlet, Mud Creek. Pipes Neck Creek. Richmond Creek. Town Creek. West Creek. West Harbor. West Lake, Wickham Creek and Wannewata Pond. SHEATHING - Vertical struc- tural components of a bulkhead or retaining wall necessary to keep soil and sediment from passing through the structure. SOUND Long Island Sound. Fishers Island Sound and Block Island Sound STRUCTURAL COMPO- NENTS -- Pilings. deadmen. rails, whalers and other signifi- cant components used to hold together and anchor docks. piers, wharves, jetties, groins and other structures. VEGETATED WETLANDS - Any and all wetland types sup- norting or capable of supporting emergent, submerged or float- ing-leaved vegetation as described in Chapter $ 97-11. "Definitions." WHARF -- See Pier. WATER-DEPENDENT USES - An activity which can only be conducted on. in, over or adja- cent to a water body because such activity requires direct access to that water body. and which involves, as an integral part of such activity, the use of the waten The uses include, but are not limited to commemial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock facilities, shipyards and boat building facilities, naviga- tion aides, basins and channels, industrial uses dependent upon water-borne transportation or requiring large volumes of cool- ing or processing water and which cannot reasonably be located or operated at an inland site. and uses which primarily provide general public access to marine or tidal waters. § 32-21.Monopolization of docks, bulkheads and landing places prohibited. It shall be unlawful lbr any person to monopolize, to the exclusion of others, any public dock, public bulkhead or public landing place within the bound- aries of said Town of Southold (excluding therefrom the territo- ry within the limits of the Incorporated Village of Greenport). § 32-22.~ ......... j Standards for Residential and Commercial D0¢k$ It shall be the policy of the Town of Southold that all docks shall be designed, constructed and located so as to reduce a dock's potential adverse impacts to navigation, public safety. waterway congestion, access to public trust lands and water, and natural resources and habitats, The following standards will serve as a basis for granting. denying, or limiting permits for the construction of docks. A_.~ General Rules 1~ No dock shall be con- structed, altered or removed without a permit issued by the Southold Town Trustees. In determining whether to approve such application, the Trustees shall consider the factors con- tained in paragraph ~ 32-22 D. below and all other provisions of this law. Permits shall be applied for pursuant to procedures set forth in Chapter 97. 2-. All docks shall be con- stmcted of sturdy, durable and stable materials capable of maintaining position and loca- tion, supporting pedestrian traf- fic. and resisting lateral loads resulting from wind, wave. and impact forces. Docks shall be constructed, where possible, to permit the free circulation of water, reduce the effects of fluc- tuating water levels, and prevent adverse modification of the shoreline. Applicants shall certi- fy as to the structural integrity of the dock so as not to cause a threat to the person or property of others. 3-. In order to prevent the release of metals and other con- taminants into the wetlands and waters of Southold. the use of lumber treated with chromated copper arsenate (also known as "CCA'), commercial copper quat (AcO), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Materials used for structural components shall be determined at the discretion of the Trustees. 4_. All docks shall provide a safe pedestrian surface at all times parallel to the water sur- face. except for gangways onto such docks from the shoreline or extensions thereof, which gang- ways shall have a nonskid sur- face. 5-. All docks, including any vessel tied to the dock. shall have a minimum clearance of fifteen (t5/ feet of the seaward extension of any property line from adjacent parcels so as not to interfere with the neighbor's access to waters, unless the Tmstees decide otherwise for navigational or other reasons. Waterside boundaries can be identified using the appropriate method for the shape of the shoreline for Long Island waters specified in 9 NYCRR 274.5. All docks and floats shall have the appropriate permit number pem~anently affixed to the most seaward face for identi- fication. Said numbers shall be at least three (3) inches high and constructed of metal, wood. nlastic or other material such that they can withstand exposure to the elements and are visible from the water. All fixed docks fifty (50) feet or longer in length must be equipped with a US Coast Guard approved regulato- ry navigation light at the sea- ward end &the dock. Except for structures used for water dependent uses. there shall be no permanent structure located on or above the decks of docks, ramps and floats. 8_. Any application for a dock to be constructed at the end of a fight of way or commonly- held land requires the written consent of all parties having an interest in the right of way. regardless of how property inter- ests in the upland parcel may be divided among the owner(s). lessee(s), occupant(s), easement holder(s), or any other person(s) or entity((es) with a legal or ben- eficial interest in any existing or proposed docking facility. 9.~ All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public pass- ing way, on the upland, not less than five (5) feet in width, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedes- than passage. 10._~ Pre-existing non-per- mitted and/or non-conforming structures cannot be replaced in kind without full review and approval bv the Trustees. B_~. Dock Locations and Lengths 1, No dock shall be erect- ed or extended if, in the opinion of the Trustees. such structure would adversely affect naviga- tion. fisheries, shell fisheries. scenic quality, habitats or wet- land areas. Within creeks and other narrow waterways, no dock length shall exceed 1/3 the total width of the water body. Determination of the length of the dock must include the dimensions of the vessel. 3. Prohibited Locations and Activities a. Given the nnique and sensitive natural environmental characteristics described in the Town of Southold Local Waterfront Revitalization Plan and the New York State Department of State Significant Habitat descriptions, no new docks will be permitted, over vegetated wetlands or such that it causes fragmentation of vege- tated wetlands, in Downs Creek. Hallocks Bay, Hashamomuck Creek and Pond and West Creek b. Machine excavation is prohibited in tidal or freshwa- ter wetland areas. c. Placement of fence. mesh or other material prevent- ing passage under docks is pro- hibited. d. Floating docks, other floats and dock conlponents and duckblinds shall not be stored on tidal or freshwater wetland or other intertidal areas. C_,. Regulations for the Placement and Configuration of See Legals next pagO Legals from preceding page Docking Facilities Residential Docks: a. Only one dock or mooring is permitted per resi- dential lot. A residential dock must be configured so that no more than two boat slips or berths are created. b. If any part of a resi- dential dock structure includes a float or floating dock. the float or floating dock portion shall be designed so that, with the excep- tion of the pilings. 1. it is no larg- er than six (6l wide and twenty (20) feet long.; 2. it is removed during, the winter months and reinstalled in the spring: and 3. no part of the floating dock will contact the bottomland during a normal low tide. c. In determining the nermitied length of a proposed residential dock the Trustees shall seek to maintain lengths consistent with the other docks in the waterway which meet the requirements of this law. d. Pilings shall not project more than three (3l feet above the surface of a dock or catwalk. e. All excess fill from installation of pilings must be removed from tidal or freshwa- ter wetland area on the same day as installation and disposed of in an approved upland disposal area. f. Tie off poles associ- ated with residential docks will only be permitted to secure one fl) vessel, If the dock utilizes a float the poles shall not project farther seaward than the outer edge of the float. Ifa romp and float are not used the pole(s) can be situated seaward of the end of the dock sufficient to secure the vessel. ~. Only one hand rail is permitted on a residential dock unless the need for two is demonstrated. Rails shall not be higher than three (3) feet above the surface of the dock and posts shall not be placed closer than 6 feet on center or larger than 4"x4" in dimension. h. Residential catwalks and ramps are limited to four (4) feet in width. i. Residential boatlifts are prohibited. 3. Marinas and Yacht Clubs: a. If docks for overnight vessel use to be con- structed, the marina or yacht club must provide pump-out facilities for vessel sanitary waste. b. Marinas and yacht clubs shall be subject to site plan and special use permit review. 4. Restaurants: a. Boat slips may be distributed between berths and mooring buoys. b. The docking and mooring facilities shall be the minimum necessary to accom- modate the permitted number of boat slins. c. Restaurants shall be subject to site plan and special use permit review. D_, Review and Approval of Dock Applications 1~ Before issuing a permit for a dock structure, the Trnstees shall consider whether the dock will have any of the followiv, g harmful effects: (il Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; (ii) Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing. shellfishing, waterskiing and other water dependant activities; (iii) Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore: (iv) Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock: (vi Whether the dock will cause degradation of sur- face water quality and natural resources: (vi/ Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; (vii) Whether the dock will result in the destruction of or prevent the growth of vegetat- ed wetlands, seagrasses includ- ing eelgrass (Zostera marina) and widgeon gross (Ruppia mar- itimal or shellfish; (viii) Whether the dock will unduly restrict tidal flow or water circulation: (ix/ Whether thc dock will be safe when constructed: (xl Wh~,~her the dock will adversely affect views. viewsheds and vistas important to the community: (xi/Whether the cumu- lative impacts of a residential and commercial dock will change the waterway or the environment and whether alter- nate design, construction, and location of the dock will mini- mize cumulative impacts: and (xi) Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service 2_. Based upon the forego- ing. the Trustees may approve, approve with conditions or deny the permit. If approved, it shall specify thereon the number of boats which shall be permitted to dock at or be placed upon the property. In the event of a viola- tion of this chapter or if an owner or person in charge of the property with the Town laws. ordinances, mles. regulations and codes respecting docks, the Trustees may revoke the permit granted hereunder and seek removal of any dock constructed without a permit described here- in or built in violation of these standards and/or restrictions established by a permit issued by the Southold Town Trustees. ARTICLE V, Administtation and Enfomement § 32-50. Enforcing officen It shall be the duty of the Code Enforcement Officer or Bay Constable and his deputies and assistants to administer and enforce the provisions of this chapten § 32-51. Notice of violation. A. Whenever the Enforcement Officer or Bay Constable has reasonable grounds to believe that opera- tions regulated hereby are being 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 property or the owner's agent or the person performing such operations to suspend all opera- tions, and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the viola- tion and shall state the condi- tions 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 right to apply for a hearing before the Board of Trustees of the Town of Southold, as hereinafter provid- ed. 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 premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Code Enforcement Officer or Bay Constable may extend the time of compliance specified in the notice of viola- tion where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate com- pliance. E. In the event that the person upon whom a notice of violation 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 Code Enforcement Officer or Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 32- 51C to fail to comply with such notice. [Added 3-22-1988 by L.L. No. 3-1988] § 32-52. Hearing. A. Any person affected by a notice of violation issued pur- suant to the preceding section hereof may request and shall be granted a hearing before the Board of Trustees, provided that such person shall file a written request therefor with the Town Clerk within ten (10) days after service of the notice of violation. Such request shall have annexed thereto a copy of the notice of violation upon which a hearing is requested and shall set forth the reasons why such notice of violation should be modified or rescinded. B. The Town Clerk shall present such request to the Board of Trustees at its next reg- ular meeting. The Board of 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 hearing, the person requesting the same or his representative shall be given an opportunity to show cause why such notice of violation should be modified or rescinded. After such hearing, the Board of Trustees may sustain, modify or rescind such notice of violation or revoke any permit previously issued and shall specify the ma- sons therefor. D. The notice of violation for which a hearing is requested shall continue in effect pending the heating and determination of the Board of Trustees. § 32-53. Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any 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 Code Enforcement Officer or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. [Added 3-22-1988 by L.L. No. 3-1988] B. For every offense against any of the provisions of this chapter, except Article II, or any regulations made pursuant thereto or failure to comply with a written notice or order of the Code Enforcement Officer or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to com- ply with a written order or notice of the Code Enforcement Officer or Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hun- dred fifty dollars ($250.) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprison- ment. Each day's continued offense shall constitute a sepa- rate, additional violation. C. For everv offense against any of the provisions of Article II of this chapter, the fines and penalties set forth in ~ 97-34 shall annlv. D. In addition to the above- provided penalties, the town may also maintain an action or proceeding in a court of compe- tent jurisdiction to compel com- pliance with or to restrain by injunction the violation of this chapten Section 2. Severability. If any clause, sentence, para- graph, section, or part of this Local Law shall be adjudged by any court of competent jurisdic- tion 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 unconstitutional or invalid. Section 3. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents dele- tion. Underline represents insertion. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, November 18, 2003 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK IX 11/20/03 (062) Clarity changes this copy. WIIEREAS, there has been presented to the Town Board of the Town 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 32, 'Boats, Docks and Wharves' of the Code of the Town of Southold" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 2nd day of December 2003 at 8:15 I~.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to Amendments to Chat}ter 32, 'Boats, Docks and Wharves' 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 32, 'Boats, Docks and Wharves' of the Code of the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold, as follows: Section 1. Chapter 32, BOATS, DOCKS AND WHARVES ARTICLE II, Public Docks § 32-19. Legislative Findings and Purpose. A. The Town Board of the Town of Southold finds that ral>id growth, the st>read of development and increasm~ demands uvon natural resources are encroachin~ upon or eliminating many of its wetlands and vatent lands, which, if 13reserved and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreational and economic assets to existine and future residents of the Town of Southold. In addition, there has been a sienificant increase in the applications for and the numbers of fixed and floatin~ piers and docks accessory to upland residential and other uses. Most of these structures and the uses they sul~l~ort are on and in l>ublicly owned land and waters and always have some effect on '0hysical, biological, ecosystem functions and values, develol3ment 13atterns and the aesthetic character of the area. Therefore it is essential to reeulate the type and placement of such structures. B. Purpose: Therefore, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floatin~ piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Docks shall be regulated in order to maintain and contribute to the followine resource area values and the attributes and functions they possess: erosion and sedimentation control; storm damaee prevention; water pollution control; fisheries; shellfish, includin~ spawner sanctuaries; wildlife habitat; agriculture: aesthetics: and recreation. In additiom the followin~ resource area values also shall be maintained and protected includine: l~rotection and enhancement of existin~ veeetation cover in order to maintain water clualit¥ and wildlife habitat; protection of wildlife, waterfowl, and plant habitat and the maintenance of existine populations and species diversity; prevention of loss or dem'adation of critical wildlife and plant habitat: navi~zation: public access to water and land; and the minimization of the impact of new development, reconstruction and/or expansion on the resource area values listed above. § 32-20. Definitions. For the purpose of this Article, the terms used herein are defined as follows: BOAT/VESSEL Any floating object capable ofcarrvin~ people as a means of transportation in water, includin~ and airplane capable of landing on water as well as any floating structure, excludin~ floating docks, not otherwise considered to be part ora dock structure as defined in Chapter 32, with or without means of propulsion that can be moored independently or can be secured by any means to a piling, dock, bulkhead, m'oin, or other fixed device located above or below mean high water. CATWALK - An elevated walkway, usually built to gain access to a commercial or residential dock, built at a fixed heie, Jnt above ~ade and which is constructed landward of the high water mark. COMMERCIAL DOCK - Any catwalk, fixed or floating dock or extension of such, designed, used and/or intended for use other than as a residential dock, as defined in this cha'oter. 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 abuttin~ 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". DOCK LENGTH - The length of a dock, including all fixed docks, ramps, floatin~ docks and mooring piles, as measured from the most landward portion of the structure to the seaward-most portion of the dock or the seaward-most moorina pile, whichever distance is re:eater. 2 FIXED DOCK - An elevated walkway which is constructed at a fixed height above ~rade and which extends seaward from the high water mark. FLOATING DOCK - Any structure, raft or floatin~ platform which is desi~,ned to float upon the surface of a waterbody and is secured in place by poles, pilings, anchors, or any other type of moorin~ system that provides access to the water. A floating dock includes the float itself and any pilings or mooring system desimaed to keep the dock at a fixed point. MARINA - Any dock, pier or other facility operated for profit, or to which vublic patronage is invited, providing moorings, dockage or other marine services primarily for power and sailing yachts, launches or other watercraft, other than floatin~ homes, and which may also be cavable of removing any and all watercraft moored or docked within the marina from the water for repair and/or storage. MEAN HIGH WATER (MHW) - The average of all the water heights observed over the most previous 19 year l~eriod. MEAN LOW WATER (MLW) - The average of all the low heights observed over the most previous 19 year period. MONOPOLIZE -- The use for an unreasonable period of time to the exclusion of others or to unreasonably restrict or obstruct the use of any public bulkhead, dock or landing owned or controlled by the Town of Southold. PATENT LANDS - All uplands and underwater lands owned in fee title by the Trustees by virtue of the Andros Patent (October 31, 1676). PERSON -- Includes an individual, co-partnership, society, association, joint-stock company, club, corporation and any combination of individuals. PIER - A fixed structure to secure vessels, unloadin~ or loadin~ persons or property or providin~ access to the water. See Wharf PIER LiNE -- The average seaward proiection of one or more existin~ permitted docks, piers, wharves or floats. The average seaward proiection is calculated by addin~ the length of all docks within the immediate area and dividin~ by the number of said docks. PRE-EXISTING NON-PERMITTED AND/OR NON-CONFORMING STRUCTURES - A structure, use or lot that is not otherwise permitted but which is allowed to continue solely because it was lawfully existing prior to the effective date of the original law or ordinance or prior to any subsequent amendment, as the case may be. Any determination of lawful existence must at least include a review of prior land use laws and ordinances. RESIDENTIAL DOCK - Any catwalk, fixed dock and/or floating dock designed or constructed as a continuous unit to provide access to the surface waters from a lot that is zoned for residential use. The term dock shall include all associated structures such as ramps and mooring ¢iles. 3 SHEATHING - Vertical components of a bulkhead or retaining wall necessary to keep soil and sediment from passine through the structure. SOUND - Lone Island Sound, Fishers Island Sound and Block Island Sound STRUCTURAL COMPONENTS -- Pilings, deadmen, rails, whalers and other significant components used to hold together and anchor docks, piers, wharves, jetties, eroins and other structures. TOWN WATERS - Any waters within the geographic boundaries in the Town of Southold including, but not limited to: Broadwaters Cove, Brushes Creek, Budd's Pond, Cedar Beach Creek, Core¥ Creek, Dam Pond, Deer Hole Creek, Down's Creek, East Creek, East Harbor, Goose Creek, Goldsmiths Inlet, Gull Pond, Hallock's Bay, Halls Creek, Hashamomuck Creek, Havwaters Cove, James Creek, Jockey Creek, Little Creek, Lon~ Beach Bay, Mattituck Inlet, Mud Creek, Pives Neck Creek, Richmond Creek, Town Creek, West Creek, West Harbor, West Lake, Wickham Creek and Wunneweta Pond. TROPICAL HARDWOOD Any of a number of species of hardwood harvested from regions at or south of the eouator. VEGETATED WETLANDS -Any and all wetland types supporting or capable of supportine emergent, submerged or floating-leaved vegetation as described in Chapter ~ 97-11. "Definitions." WHARF-- See Pier. WATER-DEPENDENT USES - An activity which can only be conducted on, in, over or adjacent to a water body because such activity recluires direct access to that water body, and which involves, as an intew:al part of such activity, the use of the water. The uses include, but are not limited to commemial and recreational fishing and boatin~ facilities, finfish and shellfish l~rocessing, fish storage and retail and wholesale fish marketing facilities, waterfront dock facilities, shipyards and boat building facilities, navigation aides, basins and channels, industrial uses dependent upon water-borne transportation or requirin~ large volumes of coolin~ or processin~ water and which cannot reasonably be located or operated at an inland site~ and uses which primarily provide ~eneral public access to marine or tidal waters. § 32-21.Monopolization of docks, bulkheads and landing places prohibited. It shall be unlawful for any person to monopolize, to the exclusion of others, any public dock, public bulkhead or public landing place within the boundaries of said Town of Southold (excluding the territory within the limits of the Incorporated Village of Greenport). § 32-22.(Reserved) Standards for Residential and Commercial Docks It shall be the policy of the Town of Southold that all docks shall be desired, constructed and located so as to reduce a dock's potential adverse impacts to navigation, public safety, waterway congestion, access to public trust lands and water, and natural resources and habitats. The following standards will serve as a basis for ~rantinff, denying, or limitin~ permits for the construction of docks. 4 General Rules No dock shall be constructed, altered or removed without a permit issued by the Southold Town Trustees. In determining whether to approve such application, the Trustees shall consider the factors contained in paragraph ~ 32-22 D. below and all other provisions of this law. Permits shall be applied for pursuant to procedures set forth in Chapter 97. All docks shall be constructed of sturdy, durable and stable materials capable of maintairfing position and location, supportine pedestrian traffic, and resisting lateral loads resulting from wind, wave, and impact forces. Docks shall be constructed, where possible, to permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modification of the shoreline. Applicants shall certify as to the structural intem'ity of the dock so as not to cause a threat to the person or property of others. 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 covl~er arsenate (also known as "CCA"), commercial copper quat (ACQ), creosote, penta products or homemade wood preservatives is prohibited for use in sheathin~ and decking. Similarly, the use of tropical hardwoods is prohibited. Materials used for structural components shall be determined at the discretion of the Trustees. All docks shall provide a safe pedestrian surface at all times l~arallel to the water surface, except for gangways onto such docks from the shoreline or extensions thereof, which gangways shall have a nonskid surface. All docks, including any vessel tied to the dock, shall have a minimum clearance of fifteen (15) feet of the seaward extension of any property line from adiacent parcels so as not to interfere with the neighbor's access to waters, unless the Trustees decide otherwise for navigational or other reasons. Waterside boundaries can be identified usin~ the appropriate method for the shave of the shoreline for Long Island waters specified in 9 NYCRR 274.5. All docks and floats shall have the appropriate l~ermit number permanently affixed to the most seaward face for identification. Said numbers shall be at least three (3) inches high and constructed of metal, wood, plastic or other material such that they can withstand exposure to the elements and are visible from the water. All fixed docks fifty (50) feet or longer in length must be e0uipped with a steady white light at the seaward end of the dock. Except for structures used for water dependent uses, there shall be no l~ermanent structure located on or above the decks of docks, ramps and floats. Any application for a dock to be constructed at the end ora right of way or commonly- 5 10. held land requires the written consent of all parties havin~ an interest in the right of way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest in any existin~ or proposed docking facility. All applicants for docks, including catwalks and ramps, extendin~ across the foreshore shall be required to give and maintain a public passing way, on the upland, not less than five (5) feet in width, to enable l~ersons to pass and rel~ass arotmd said dock or by stel)s or a ramp allowing pedestrian vassa~e. Pre-existin~ non-permitted and/or non-conformin~ structures cannot be replaced in kind without full review and approval by the Trustees. Dock Locations and Lenffths No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic tlualitv, habitats or wetland areas. Within creeks and other narrow waterways, no dock lenffth shall exceed 1/3 the total width of the water body. Determination of the length of the dock must include the dimensions of the vessel. Prohibited Locations and Activities a. Given the unique and sensitive natural environmental characteristics described in the Town of Southold Local Waterfront Revitalization Plan and the New York State Department of State Significant Habitat descriptions, no new docks will be permitted, over veeetated wetlands or such that it causes framuentation of veaetated wetlands, in Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond and West Creek b. Machine excavation is prohibited in tidal or freshwater wetland areas. c. Placement of fence, mesh or other material preventing passage under docks is prohibited. d. Floatina docks, other floats and dock components and duck blinds shall not be stored on tidal or freshwater wetland or other intertidal areas. Regulations for the Placement and Configuration of Docking Facilities Residential Docks: Only one dock or moorin~ is permitted per residential lot. A residential dock must be confieured so that no more than two boat slips or berths are created. If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the excel)tion of the 6 pilings, 1. it is no larger than six (6) wide and twenty (20) feet long.; 2. it is removed during the winter months (January through March) and reinstalled in the spring; and 3. no Cart of the floating dock will contact the bottomland during a normal low tide. In determining the vermitted length of a l~roposed residential dock the Trustees shall seek to maintain lengths consistent with the other docks in the waterway wtfich meet the requirements of this law. Pilings shall not vroiect more than three (3) feet above the surface of a dock or catwalk. All excess fill from installation of¢ilings must be removed from tidal or freshwater wetland area on the same day as installation and disposed of in an apvroved upland disposal area. Tie off voles associated with residential docks will only be vermitted to secure one (1) vessel. If the dock utilizes a float the voles shall not l>roject farther seaward than the outer edge of the float. If a ramv and float are not used the pole(s) can be situated seaward of the end of the dock sufficient to secure the vessel. Only one hand rail is permitted on a residential dock unless the need for two is demonstrated. Rails shall not be higher than three (3) feet above the surface of the dock and posts shall not be placed closer than 6 feet on center or larger than 4"x4" in dimension. Residential catwalks and ramr~s are limited to four (4) feet in width. Residential boatlifis are prohibited. Marinas and Yacht Clubs: If docks for overnight vessel use to be constructed, the marina or yacht club must provide pumv-out facilities for vessel sanitary waste. Marinas and yacht clubs shall be subject to site plan and special use permit review. Restaurants: a. Boat slips may be distributed between berths and mooring buoys. The docking and mooring facilities shall be the minimum necessary to accommodate the permitted number of boat slivs. c. Restaurants shall be subiect to site plan and special use vermit review. D. Review and Approval of Dock Apvlications 7 1. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the followine harmful effects: (i) Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel coneestion; (ii) Whether the dock will unduly interfere with the vublic use of waterways for swimming, boating, fishing, shellfishin~, waterskiing and other water dependant activities; (iii) Whether the dock will unduly interfere with transit by the public alone the public beaches or foreshore; (iv') Whether the dock will sienificantl¥ impair the use or value of waterfront oropertv adiacent to or near the dock~ (v) Whether the dock will cause degradation of surface water quality and natural resources; (vi) Whether the dock will cause habitat fra~nentation and loss of si~mificant coastal fish and wildlife habitats; (vii) Whether the dock will result in the destruction of or prevent the growth of veeetated wetlands, seagrasses including eel~rass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; (viii) Whether the dock will unduly restrict tidal flow or water circulation; (ix) Whether the dock will be safe when constructed; (x) Whether the dock will adversely affect views, viewsheds and vistas important to the community; (xi) Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and (xi) Whether adecluate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service 2. Based upon the foregoing, the Trustees may approve, ap!0rove with conditions or deny the permit. If approved, it shall specify thereon the number of boats which shall be permitted to dock at or be placed upon the property. 3. In the event of a violation of this chapter or if an owner or person in charge of the property with the Town laws, ordinances, rules, regulations and codes respecting docks, the Trustees may revoke the vermit granted hereunder and seek removal of any dock constructed without a permit described herein or built in violation of these standards and/or restrictions established bva permit issued by the Southold Town Trustees. ARTICLE V, Administration and Enforcement § 32-50. Enforcing officer. It shall be the duty of the Code Enforcement Officer or Bay Constable and his deputies and assistants to administer and enforce the provisions of this chapter. § 32-51. Notice of violation. A. Whenever the Code Enforcement Officer or Bay Constable has reasonable grounds to believe that operations regulated hereby are being 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 property or the owner'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 has been rescinded. B. Such notice shall be in wtiting, shall specify the violation and shall state the conditions 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 tight to apply for a heating before the Board of Trustees of the Town of Southold, as hereinafter provided. C. Such notice shall be served upon the person to whom it is directed by deliveting it to him personally or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Code Enforcement Officer 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 immediate compliance. E. In the event that the person upon whom a notice of violation 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 Code Enforcement Officer or Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 32-51C to fail to comply with such notice. [Added 3-22-1988 by L.L. No. 3-1988] § 32-52. Hearing. A. Any person affected by a notice of violation issued pursuant to the preceding section hereof may request and shall be granted a heating before the Board of Trustees, provided that such person shall file a written request therefor with the Town Clerk within ten (10) days after service of the notice of violation. Such request shall have annexed thereto a copy of the notice of violation upon which a heating is requested and shall set forth the reasons why such notice of violation should be modified or rescinded. B. The Town Clerk shall present such request to the Board of Trustees at its next regular meeting. The Board of Trustees shall set a time and place for such heating 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 given an opportunity to show cause why such notice of violation should be modified or 9 rescinded. After such heating, the Board of Trustees may sustain, modify or rescind such notice of violation or revoke any permit previously issued and shall specify the reasons therefor. D. The notice of violation for which a hearing is requested shall continue in effect pending the hearing and determination of the Board of Trustees. § 32-53. Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any 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 Code Enforcement Officer or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. [Added 3-22-1988 by L.L. No. 3-1988] B. For every offense against any of the provisions of this chapter, except Article II, or any regulations made pursuant thereto or failure to comply with a written notice or order of the Code Enforcement Officer or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who comnfits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Code Enforcement Officer or Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. C. For every offense aRainst any of the provisions of Article II of this chapter, the fines and penalties set forth in { 97-34 shall apply. D. In addition to the above-provided penalties, the town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. Section 2. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 3. 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. 10 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of November 2003 a Local Law entitled "A Local Law in relation to Amendments to Chapter 32, 'Boats, Docks and Wharves' of the Code of the Town of Southold' now, therefore, be it NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 2nd day of December 2003 at 8:15 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to Amendments to Chapter 32, 'Boats, Docks and Wharves' 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 32, 'Boats, Docks and Wharves' of the Code of the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold, as follows: Section 1. Chapter 32, BOATS, DOCKS AND WHARVES ARTICLE II, Public Docks § 32-19. Legislative Findings and Purpose. A. The Town Board of the Town of Southold finds that ral~id ~rowth, the spread of develor~ment and increasine demands ul~on natural resources are encroachinff u'0on or eliminatine many of its wetlands and l~atent lands~ which, if l~reserved and maintained in an undisturbed and natural condition, constitute iml~ortant physical, social, aesthetic, recreational and economic assets to existinff and future residents of the Town of Southold. In addition, there has been a significant increase in the alyolications for and the numbers of fixed and fioatin~ l~iers and docks accessory to upland residential and other uses. Most of these structures and the uses they sul31~ort 1 are on and in publicly owned land and waters and always have some effect on physical, biological, ecosystem functions and values, development l~atterns and the aesthetic character of the area. Therefore it is essential to reeulate the type and placement of such structures. B. Purpose: Therefore, the Town Board declares that it is the intention of this chapter to regulate the type and Dlacement off/xed and floating l~iers and docks for the protection, Dreservation, proper maintenance and use of its waters and wetlands. Docks shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: erosion and sedimentation control; storm damaee prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; a~riculture; aesthetics: and recreation. In addition, the followine resource area values also shall be maintained and protected including: protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat; protection of wildlife, waterfo~vl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; public access to water and land; and the minimization of the impact of new develor~ment, reconstruction and/or expansion on the resource area values listed above. § 32-20. Definitions. For the purpose of this Article, the terms used herein are defined as follows: BOAT - Every vessel provelled in any manner. CATWALK - An elevated walkway, usually built to Rain access to a commercial or residential dock, built at a fixed height above ~ade and which is constructed landward of the high water mark. COMMERCIAL DOCK - Any catwalk, fixed or floatin~ dock or extension of such, designed, used and/or intended for use other than as a residential dock, as defined in this chapter. DECKING - Horizontal structural com¢onents of a dock, deck, ¢ier 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 abuttin~ or comprised of freshwater or tidal wetlands or connected to a bulkhead or the upland and extending over the water's surface, desi~:ned to secure vessels and provide access from the shore to a body of water. For the purvose 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". DOCK LENGTH - The length of a dock, includin~ all fixed docks, ram'os, floatin~ docks and moorin~ riles, as measured from the most landward portion of the structure to the seaward-most portion of the dock or the seaward-most moorin~ pile, whichever distance is greater. FIXED DOCK - An elevated walkway which is constructed at a fixed hei~tht above grade 2 and which extends seaward from the high water mark. FLOATING DOCK - Any structure, raft or floating platform which is designed to float upon the surface of a waterbodv and is secured in place by poles, pilines, anchors, or any other twe of moorin~ system that provides access to the water. A floatin~ dock includes the float itself and any pilings or mooring system desiened to keep the dock at a fixed point. MARINA - Any dock, pier or other facility operated for profit, or to which public patronage is invited~ providin~ moorings, dockage or other marine services primarily for power and sailin~ yachts, launches or other watercraft, other than floating homes, and which may also be capable of removing any and all watercraft moored or docked within the marina from the water for repair and/or storage. MEAN HIGH WATER (MHW) - The average of all the water heights observed over a 19 year period. MEAN LOW WATER (MLW) - The average of all the low heights observed over a 19 year period. MONOPOLIZE -- The use for an unreasonable period of time to the exclusion of others or to unreasonably restrict or obstruct the use of any public bulkhead, dock or landing owned or controlled by the Town of Southold. PATENT LANDS - All u¢lands and underwater lands owned in fee title by the Tmstees by virtue of the Andros Patent (October 31, 1676). PERSON -- Includes an individual, co-partnership, society, association, .joint-stock company, club, corporation and any combination of individuals. PIER A fixed structure to secure vessels, unloading or loading persons or l>rol~ertv or providing access to the water. See Wharf PIER LINE -- The average seaward vroiection of one or more existing vermitted docks, viers, wharves or floats. The average seaward '0roiection is calculated by adding the length of all docks within the immediate area and dividing by the number of said docks. PRE-EXISTING NON-PERMITTED AND/OR NON-CONFORMING STRUCTURES - A structure, use or lot that is not otherwise permitted but which is allowed to continue solely because it was lawfully existin~ prior to the effective date of the oriRinal law or ordinance or prior to any subsequent amendment, as the case may be. Any determination of lawful existence must at least include a review of prior land use laws and ordinances. RESIDENTIAL DOCK - Any catwalk, fixed dock and/or floatinR dock desimaed or constructed as a continuous unit to provide access to the surface waters from a lot that is zoned for residential use. The term dock shall include all associated structures such as ramps and mooring piles. TOWN WATERS Any waters within the geographic boundaries in the Town of Southold including, but not limited to: 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, Gull Pond, Halls Creek, Hashamomuck Creek, Havwaters 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 Wuunewata Pond. SHEATHiNG - Vertical structural components of a bulkhead or retaining wall necessary to keep soil and sediment from passing through the structure. SOUND - Long Island Sound, Fishers Island Sound and Block Island Sound STRUCTURAL COMPONENTS -- Pilings, deadmen, rails, whalers and other sie:nificant components used to hold together and anchor docks, piers, wharves, jetties, m'oins and other structures. VEGETATED WETLANDS Any and all wetland WI>es supporting or capable of supvorting emergent, submerged or floating-leaved vegetation as described in Chat~ter ~ 97-11. "Definitions." WHARF -- See Pier. WATER-DEPENDENT USES - An activity which can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an intem'al part of such activity, the use of the water. The uses include, but are not limited to commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock facilities, shipyards and boat building facilities, navigation aides, basins and channels, industrial uses dependent upon water-borne transvortation or recluiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters. § 32-21 .Monopolization of docks, bulkheads and landing places prohibited. It shall be unlawful for any person to monopolize, to the exclusion of others, any public dock, public bulkhead or public landing place within the boundaries of said Town of Southold (excluding therefrom the territory within the limits of the Incorporated Village of Greenport). § 32-22.(Reserved) Standards for Residential and Commercial Docks It shall be the policy of the Town of Southold that all docks shall be designed, constructed and located so as to reduce a dock's potential adverse impacts to navigation, 4 public safety, waterway congestion, access to public trust lands and water, and natural resources and habitats. The following standards will serve as a basis for aranting, denyina, or limitina permits for the construction of docks. A. General Rules No dock shall be constructed, altered or removed without a permit issued by the Southold Town Trustees. In determining whether to approve such application, the Trustees shall consider the factors contained in paragraph ~ 32-22 D. below and all other provisions of this law. Permits shall be applied for pursuant to procedures set forth in Chapter 97. All docks shall be constructed of sturdy, durable and stable materials capable of maintaining position and location, supportin~ pedestrian traffic, and resistin~ lateral loads resultin~ from wind, wave, and impact forces. Docks shall be constructed, where possible, to permit the free circulation ofwater, reduce the effects of fluctuatin~ water levels, and prevent adverse modification of the shoreline. Applicants shall certify as to the structural inteelitv of the dock so as not to cause a threat to the person or property of others. 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"), commercial copper quat (ACO), creosote, penta products or homemade wood preservatives is prohibited for use in sheathine and decking. Materials used for structural components shall be determined at the discretion of the Trustees. All docks shall provide a safe pedestrian surface at all times parallel to the water surface, except for ~angways onto such docks from the shoreline or extensions thereo£ which ganff~vays shall have a nonskid surface. All docks, includin~ any vessel tied to the dock, shall have a minimum clearance of fifteen (15) feet of the seaward extension of any property line from adjacent parcels so as not to interfere with the neighbor's access to waters, unless the Trustees decide otherwise for navigational or other reasons. Waterside boundaries can be identified usin~ the appropriate method for the shape of the shoreline for Lon~ Island waters specified in 9 NYCRR 274.5. All docks and floats shall have the appropriate permit number permanently affixed to the most seaward face for identification. Said numbers shall be at least three (3) inches hieh and constructed ofmetal~ wood, plastic or other material such that they can withstand exposure to the elements and are visible from the water. All fixed docks fifty (50) feet or longer in lenffth must be ecluioped with a US Coast Guard approved regulatory navigation Ii~ht at the seaward end of the dock. 10. Except for structures used for water devendent uses, there shall be no permanent structure located on or above the decks of docks, ramps and floats. Any application for a dock to be constructed at the end of a right of way or commonly-held land requires the written consent of all parties having an interest in the right of way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entit¥(ies) with a legal or beneficial interest in any existin~ or proposed docking facility. All applicants for docks, including catwalks and ramps, extendine across the foreshore shall be required to give and maintain a public passing way, on the upland, not less than five (5) feet in width, to enable persons to pass and repass around said dock or by steps or a ramp allowine pedestrian passage. Pre-existing non-permitted and/or non-conforming structures cannot be replaced in kind without full review and approval by the Trustees. Dock Locations and Lengths No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetland areas. Within creeks and other narrow waterways, no dock length shall exceed 1/3 the total width of the water body. Determination of the len~h of the dock must include the dimensions of the vessel. Prohibited Locations and Activities a. Given the unique and sensitive natural environmental characteristics described in the Town of Southold Local Waterfront Revitalization Plan and the New York State Department of State Significant Habitat descriptions, no new docks will be permitted, over vegetated wetlands or such that it causes fragmentation of vegetated wetlands, in Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond and West Creek b. Machine excavation is prohibited in tidal or freshwater wetland areas. c. Placement of fence, mesh or other material preventing passage under docks is prohibited. d. Floatin~ docks, other floats and dock components and duckblinds shall not be stored on tidal or freshwater wetland or other intertidal areas. Regulations for the Placement and Configuration of Docking Facilities Residential Docks: Only one dock or mooring is permitted per residential lot. A residential dock must be configured so that no more than two boat slips or berths are created. If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings, 1. it is no larger than six (6) wide and twenty (20) feet long.; 2. it is removed during the winter months and reinstalled in the spring; and 3. no part of the floating dock will contact the bottomland during a normal low tide. In determining the permitted length of a proposed residential dock the Trustees shall seek to maintain lengths consistent with the other docks in the waterway which meet the rec~uirements of this law. Pilings shall not l~roject more than three (3) feet above the surface of a dock or catwalk. All excess fill from installation of pilings must be removed from tidal or freshwater wetland area on the same day as installation and disposed of in an approved upland disposal area. Tie offpoles associated with residential docks will only be permitted to secure one (1) vessel. If the dock utilizes a float the poles shall not proiect farther seaward than the outer edge of the float. Ifa ramp and float are not used the pole(s) can be situated seaward of the end of the dock sufficient to secure the vessel. Only one hand rail is permitted on a residential dock unless the need for two is demonstrated. Rails shall not be higher than three (3) feet above the surface of the dock and r>osts shall not be placed closer than 6 feet on center or larger than 4"x4" in dimension. Residential catwalks and ramps are limited to four (4) feet in width. Residential boatlifls are prohibited. Marinas and Yacht Clubs: If docks for overnight vessel use to be constructed, the marina or yacht club must provide pump-out facilities for vessel sanitary waste. Marinas and yacht clubs shall be subiect to site plan and special use permit review. Restaurants: a. Boat slips may be distributed between berths and moorina buoys. 7 b. The docking and mooring facilities shall be the minimum necessary to accommodate the permitted number of boat slips. Restaurants shall be subiect to site plan and special use permit review. D. Review and Approval of Dock Apl~lications 1. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: (i) Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; (ii) Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water dependant activities; (iii) Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; (iv) Whether the dock will sienificantly impair the use or value of waterfront property adjacent to or near the dock; (v) Whether the dock will cause degradation of surface water cluality and natural resources; (vi) Whether the dock will cause habitat frammentation and loss of significant coastal fish and wildlife habitats; (vii) Whether the dock will result in the destruction of or prevent the ~rowth of vegetated wetlands, seam'asses includin~ eelm'ass (Zostera marina) and widgeon ~rass (Ruppia maritima) or shellfish; (viii) Whether the dock will unduly restrict tidal flow or water circulation; (ix) Whether the dock will be safe when constructed; tx) Whether the dock will adversely affect views, viewsheds and vistas important to the community; (xi) Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and (xi) Whether adequate facilities are available to boat owners and/or o'0erators for fueling, discharge of waste and rubbish, electrical service and water service 2. Based upon the foregoing, the Trustees may al~prove, approve with conditions or deny the permit. If a'oproved, it shall specify thereon the number of boats which shall be permitted to dock at or be placed upon the property. 3. In the event of a violation of this chapter or if an owner or person in charge of the property with the Town laws, ordinances, rules, regulations and codes respecting docks, 8 the Trustees may revoke the permit ~ranted hereunder and seek removal of any dock constructed without a l~ermit described herein or built in violation of these standards and/or restrictions established by a permit issued by the Southold Town Trustees. ARTICLE V, Administration and Enforcement § 32-50. Enforcing officer. It shall be the duty of the Code Enforcement Officer or Bay Constable and his deputies and assistants to administer and enforce the provisions of this chapter. § 32-51. Notice of violation. A. Whenever the Code Enforcement Officer or Bay Constable has reasonable grounds to believe that operations regulated hereby are being 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 property or the owner'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 has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions 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 right to apply for a heating before the Board of Trustees of the Town of Southold, 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 premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Code Enforcement Officer 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 immediate compliance. E. In the event that the person upon whom a notice of violation 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 Code Enforcement Officer or Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 32-51C to fail to comply with such notice. [Added 3-22-1988 by L.L. No. 3-1988] § 32-52. Hearing. 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 Board of Trustees, provided that such person shall file a written request therefor with the Town Clerk within ten (10) days after service of the notice of violation. Such request shall have annexed thereto a copy of the notice of violation upon which a hearing is requested and shall set forth the reasons why such notice of violation should be modified or rescinded. B. The Town Clerk shall present such request to the Board of Trustees at its next regular meeting. The Board of Trustees shall set a time and place for such heating 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 same or his representative shall be given an opportunity to show cause why such notice of violation should be modified or rescinded. After such hearing, the Board of Trustees may sustain, modify or rescind such notice of violation or revoke any permit previously issued and shall specify the reasons therefor. D. The notice of violation for which a heating is requested shall continue in effect pending the hearing and determination of the Board of Trustees. § 32-53. Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any 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 Code Enforcement Officer or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. [Added 3-22-1988 by L.L. No. 3-1988] B. For every offense against any of the provisions of this chapter, except Article II, or any regulations made pursuant thereto or failure to comply with a written notice or order of the Code Enfomement Officer or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Code Enforcement Officer or Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. C. For every offense a~ainst any of the provisions of Article II of this chapter, the fines and penalties set forth in ~ 97-34 shall apl~lv. D. In addition to the above-provided penalties, the town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. Section 2. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 3. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided 10 by law. Strike-through represents deletion. Underline represents insertion. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, November 18, 2003 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON NOVEMBER 20, 2003, AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler Watchman Trustees Town Clerk's Bulletin Board Town Board Members Town Attorney 11 STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, Ne~v York being dulyswom, says that on the ~ dayof I~t~u~u_b~''~ ,2003, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Public Hearing: LL to change Chapter 32, December 2, 2003 at 8:15 pm Southold Town Clerk Sworn before me this ~]~lr-day of ~(~o. Jo~, 2003. Public LYNDA M. BOHN NOTARY PUBLIC, State of NeW YolII; No. 01 BO6020932 Qualified in Suffolk Counter Term Expires March 8, -cO .~ ELIZABETH A. NEVHJ.E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORNLATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 765 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 18, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to hire the firm of Nelson, Pope & Voorhis to conduct an evaluation pursuant to the State Environmental Quality Review Act (SEQRA) to address the environmental issues pertinent to the proposed local laws amendin~ Chapter 97 and Chapter 32 of the Code of the Town of Southold, at a cost of Twelve hundred and fifty ($1,250.00) dollars as per their proposal dated November 13, 2003. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM O~' INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 763 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 18, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the orooosed "A Local Law in relation to Amendments to Chaoter 32, 'Boats, Docks and Wharves' of the Code of the Town of Southold" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 762 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 18, 2003: WHEREAS, there has been presented to the Town Board of the Town 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 Chaoter 32, 'Boats, Docks and Wharves' of the Code of the Town of Southold" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public bearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Soutbold, New York, on the 2nd day of December 2003 at 8:15 o.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to Amendments to Chaoter 32, 'Boats, Docks and Wharves' 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 32, 'Boats, Docks and Wharves' of the Code of the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold, as follows: Section 1. Chapter 32, BOATS, DOCKS AND WHARVES ARTICLE II, Public Docks § 32-19. Legislative Findings and Purpose. A. The Town Board of the Town of Southold finds that rapid ~rowth, the spread of development and increasing demands upon natural resources are encroaching upon or eliminating 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 Town of Southold. In addition, there has been a significant increase in the applications for and the numbers of fixed and floating piers and docks accessory to upland residential and other uses. Most of these structures and the uses they support are on and in publicly owned land and waters and always have some effect on physical, biological, ecosystem functions and values, development pattems and the aesthetic character of the area. Therefore it is essential to regulate the type and placement of such structures. B. Purpose: Therefore, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Docks shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: erosion and sedimentation control; storm damaae prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aesthetics; and recreation. In addition, the following resource area values also shall be maintained and protected including: protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat; protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; public access to water and land; and the minimization of the impact of new development, reconstruction and/or expansion on the resource area values listed above. § 32-20. Definitions. For the purpose of this Article, the terms used herein are defined as follows: BOAT Every vessel propelled in any manner. CATWALK - An elevated walkway, usually built to aain access to a commercial or residential dock, built at a fixed height above grade and which is constructed landward of the hiah water mark. COMMERCIAL DOCK - Any catwalk, fixed or floating dock or extension of such, desiimed, used and/or intended for use other than as a residential dock, as defined in this chapter. DECKiNG Horizontal structural components of a dock, deck, pier or other shoreline structure intended to be walked upon. 2 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". DOCK LENGTH - The length of a dock, including all fixed docks, ramps, floatine docks and moorin~ piles, as measured from the most landward portion of the structure to the seaward-most portion of the dock or the seaward-most mooring pile, whichever distance is greater. FIXED DOCK - An elevated walkway which is constructed at a fixed height above ~rade and which extends seaward from the high water mark. FLOATiNG DOCK - Any structure, raft or floating platform which is designed to float upon the surface of a waterbody and is secured in place by poles, pilings, anchors, or any other twe of mooring system that provides access to the water. A floating dock includes the float itself and an,/' pilines or mooring system designed to keep the dock at a fixed point. MARINA - Any dock, pier or other facility operated for profit, or to which public patronage is invited, providing moorings, dockage or other marine services vrimaril¥ for power and sailing yachts, launches or other watercrafl, other than floating homes, and which may also be capable of removing any and all watercraft moored or docked within the marina from the water for repair and/or storage. MEAN HIGH WATER (MHW) The average of all the water heights observed over a 19 year period. MEAN LOW WATER (MLW) The average of all the low heights observed over a 19 year period. MONOPOLIZE -- The use for an unreasonable period of time to the exclusion of others or to unreasonably restrict or obstruct the use of any public bulkhead, dock or landing owned or controlled by the Town of Southold. PATENT LANDS - All uplands and underwater lands owned in fee title by the Trustees by virtue of the Andros Patent (October 31, 1676). PERSON -- Includes an individual, co-partnership, society, association, .joint-stock company, club, corporation and any combination of individuals. PIER - A fixed structure to secure vessels, unloading or loading persons or property or providing access to the water. See Wharf 3 PIER LINE -- The average seaward projection of one or more existing permitted docks, piers, wharves or floats. The average seaward projection is calculated by adding the length of all docks within the immediate area and dividing by the number of said docks. PRE-EXISTING NON-PERMITTED AND/OR NON-CONFORMING STRUCTURES - A structure, use or lot that is not otherwise permitted but which is allowed to continue solely because it was lawfully existing prior to the effective date of the original law or ordinance or prior to any subsequent amendment, as the case may be. Any determination of lawful existence must at least include a review of prior land use laws and ordinances. RESDENTIAL DOCK - Any catwalk, fixed dock and/or floating dock designed or constructed as a continuous unit to provide access to the surface waters from a lot that is zoned for residential use. The term dock shall include all associated structures such as ramps and mooring piles. TOWN WATERS Any waters within the Reo~raphic boundaries in the Town of Southold including, but not limited to: 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, Gull Pond, Halls Creek, Hashamomuck Creek, Havwaters 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. SHEATHING - Vertical structural components of a bulkhead or retaining wall necessary to keep soil and sediment from passing through the structure. SOUND Long Island Sound, Fishers Island Sound and Block Island Sound STRUCTURAL COMPONENTS -- Pilings, deadmen, rails, whalers and other significant components used to hold together and anchor docks, piers, wharves, jetties, groins and other structures. VEGETATED WETLANDS Any and all wetland types supporting or capable of supporting emergent, submerged or floating-leaved vegetation as described in Chapter { 97-11. "Definitions." WHAR_F -- See Pier. WATER-DEPENDENT USES - An activity which can only be conducted om in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. The uses include, but are not limited to commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock facilities, shipyards and boat building facilities, navigation aides, basins and charmels, industrial 4 uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters. § 32-21 .Monopolization of docks, bulkheads and landing places prohibited. It shall be unlawful for any person to monopolize, to the exclusion of others, any public dock, public bulkhead or public landing place within the boundaries of said Town of Southold (excluding therefrom the territory within the limits of the Incorporated Village of Greenport). § 32-22.(Rcscrvcd) Standards for Residential and Commercial Docks It shall be the policy of the Town of Southold that all docks shall be desired, constructed and located so as to reduce a dock's potential adverse impacts to navigation, public safety, waterway congestion, access to public trust lands and water, and natural resoumes and habitats. The following standards will serve as a basis for granting, denying, or limiting permits for the construction of docks. A. General Rules No dock shall be constructed, altered or removed without a permit issued by the Southold Town Trustees. In determining whether to approve such application, the Trustees shall consider the factors contained in paragraph { 32-22 D. below and all other provisions of this law. Permits shall be applied for pursuant to procedures set forth in Chapter 97. All docks shall be constructed of sturdy, durable and stable materials capable of maintaining position and location, supporting pedestrian traffic, and resisting lateral loads resulting from wind, wave, and impact fomes. Docks shall be constructed, where possible, to permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modification of the shoreline. Applicants shall certify as to the structural integrity of the dock so as not to cause a threat to the person or property of others. 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"), commercial copper quat (ACO), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Materials used for structural components shall be determined at the discretion of the Trustees. All docks shall provide a safe pedestrian surface at all times parallel to the water surface, except for gan~vavs onto such docks from the shoreline or extensions thereof, which gan~',vays shall have a nonskid surface. All docks, including any vessel tied to the dock, shall have a minimum clearance of fifteen (15) feet of the seaward extension of any property line from adjacent parcels so as not to interfere with the neighbor's access to waters, unless the Trustees decide otherwise 10. for navigational or other reasons. Waterside boundaries can be identified using the appropriate method for the shape of the shoreline for Long Island waters specified in 9 NYCRR 274.5. All docks and floats shall have the appropriate permit number permanently affixed to the most seaward face for identification. Said numbers shall be at least three (3) inches high and constructed of metal, wood, plastic or other material such that the,/can withstand exposure to the elements and are visible from the water. All fixed docks fifty (50) feet or longer in length must be equipped with a US Coast Guard approved regulatory navigation light at the seaward end of the dock. Except for structures used for water dependent uses, there shall be no permanent structure located on or above the decks of docks, ramr~s and floats. An,/application for a dock to be constructed at the end of a right of way or commonly- held land requires the written consent of all parties having an interest in the ripht of way, regardless of how property interests in the upland parcel may be divided amon~ the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entit¥(ies) with a legal or beneficial interest in any existing or proposed docking facility. All a'oplicants for docks, including catwalks and ramps, extendin~ across the foreshore shall be required to give and maintain a public passin~ way, on the upland, not less than five (5) feet in width, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. Pre-existin~ non-permitted and/or non-conformin~ structures cannot be replaced in kind without full review and approval by the Trustees. Dock Locations and Lengths No dock shall be erected or extended if, in the or~inion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetland areas. Within creeks and other narrow waterways, no dock length shall exceed I/3 the total width of the water body. Determination of the length of the dock must include the dimensions of the vessel. Prohibited Locations and Activities a. Given the uniclue and sensitive natural environmental characteristics described in the Town of Southold Local Waterfront Revitalization Plan and the New York State Department of State Significant Habitat descriptions, no new docks will be permitted, over vegetated wetlands or such that it causes fragmentation of vegetated wetlands, in Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond and West Creek b. Machine excavation is prohibited in tidal or freshwater wetland areas. c. Placement of fence, mesh or other material preventing oassa~e under docks is prohibited. d. Floating docks, other floats and dock components and duckblinds shall not be stored on tidal or freshwater wetland or other intertidal areas. Regulations for the Placement and Configuration of Dockin~ Facilities Residential Docks: Only one dock or moorin~ is permitted per residential lot. A residential dock must be configured so that no more than two boat slips or berths are created. If any part of a residential dock structure includes a float or floatin~ dock, the float or floating dock portion shall be designed so that, with the exception of the pilings, 1. it is no larger than six (6) wide and twenty (20) feet long.; 2. it is removed durin~ the winter months and reinstalled in the spring; and 3. no part of the floatin~ dock will contact the bottomland during a normal low tide. In determining the permitted lenffth of a proposed residential dock the Trustees shall seek to maintain lengths consistent with the other docks in the waterway which meet the requirements of this law. Pilings shall not project more than three (3) feet above the surface of a dock or catwalk. All excess fill from installation of pilings must be removed from tidal or freshwater wetland area on the same day as installation and disposed of in an approved upland disposal area. Tie off poles associated with residential docks will only be permitted to secure one (1) vessel. If the dock utilizes a float the poles shall not project farther seaward than the outer edge of the float. Ifa ramp and float are not used the pole(s) can be situated seaward of the end of the dock sufficient to secure the vessel. Only one hand rail is permitted on a residential dock unless the need for two is 7 demonstrated. Rails shall not be higher than three (3) feet above the surface of the dock and posts shall not be placed closer than 6 feet on center or lar~er than 4"x4" in dimension. h. Residential catwalks and ramps are limited to four (4) feet in width, i.. Residential boatlifts are prohibited. Marinas and Yacht Clubs: a. If docks for overnight vessel use to be constmcted, the marina or yacht club must provide pumr~-out facilities for vessel sanitary waste. b. Marinas and yacht clubs shall be subject to site plan and special use permit review. Restaurants: a. Boat slips may be distributed between berths and mooring buoys. b. The dockin~ and mooring facilities shall be the minimum necessary to accommodate the permitted number of boat slips. c. Restaurants shall be subject to site plan and sl~ecial use permit review. D. Review and Approval of Dock Applications 1. Before issuin~ a permit for a dock structure, the Trustees shall consider whether the dock will have any of the followine harmful effects: (i) Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion: (ii) Whether the dock will unduly interfere with the public use of waterways for swimrrfin~ boating, fishing, shellfishing, waterskiin~ and other water dependant activities; (iii) Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; (iv) Whether the dock will si~rdficantly iml~air the use or value of waterfront l~ropertv adjacent to or near the dock; (v) Whether the dock will cause degradation of surface water quality and natural resources; (vi) Whether the dock will cause habitat fra~nentation and loss of significant coastal fish and wildlife habitats: (vii) Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelm'ass (Zostera marina) and widgeon 8 grass (Ruppia maritima) or shellfish; (viii) Whether the dock will unduly restrict tidal flow or water circulation; (ix) Whether the dock will be safe when constructed; (x) Whether the dock will adversely affect views, viewsheds and vistas iml~ortant to the community; (xi) Whether the cumulative impacts of a residential and commemial dock will chanee the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and (xi) Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service 2. Based upon the foreeoing, the Trustees may approve, approve with conditions or deny the l~ermit. If approved, it shall specify thereon the number of boats which shall be permitted to dock at or be placed upon the property. 3. In the event of a violation of this chapter or if an owner or person in charze of the l~ropertv with the Town laws, ordinances, rules, regulations and codes respectine docks, the Trustees may revoke the permit ~ranted hereunder and seek removal of any dock constructed without a permit described herein or built in violation of these standards and/or restrictions established by a permit issued by the Southold Town Trustees. ARTICLE V, Administration and Enforcement § 32-50. Enforcing officer. It shall be the duty of the Code Enforcement Officer or Bay Constable and his deputies and assistants to administer and enfome the provisions of this chapter. § 32-51. Notice of violation. A. Whenever the Code Enforcement Officer or Bay Constable has reasonable grounds to believe that operations regulated hereby are being 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 property or the owner'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 has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions 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 right to apply for a hearing before the Board of Trustees of the Town of Southold, 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 premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Code Enforcement Officer 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 immediate compliance. E. In the event that the person upon whom a notice of violation 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 Code Enforcement Officer or Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 32-5 lC to fail to comply with such notice. [Added 3-22-1988 by L.L. No. 3-1988] § 32-52. Hearing. A. Any person affected by a notice of violation issued pursuant to the preceding section hereof may request and shall be granted a heating before the Board of Trustees, provided that such person shall file a written request therefor with the Town Clerk within ten (10) days after service of the notice of violation. Such request shall have annexed thereto a copy of the notice of violation upon which a hearing is requested and shall set forth the reasons why such notice of violation should be modified or rescinded. B. The Town Clerk shall present such request to the Board of Trustees at its next regular meeting. The Board of Trustees shall set a time and place for such heating 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 given an opportunity to show cause why such notice of violation should be modified or rescinded. After such heating, the Board of Trustees may sustain, modify or rescind such notice of violation or revoke any permit previously issued and shall specify the reasons therefor. D. The notice of violation for which a heating is requested shall continue in effect pending the hearing and determination of the Board of Trustees. § 32-53. Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any 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 Code Enforcement Officer or Bay Constable or to conduct any operation in a maimer not in compliance with a permit issued pursuant to this chapter. [Added 3-22-1988 by L.L. No. 3-1988] B. For every offense against any of the provisions of this chapter, except Article II, or any regulations made pursuant thereto or failure to comply with a written notice or order of the Code Enforcement Officer or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Code Enforcement Officer or Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. C. For every offense against any of the provisions of Article II of this chapter, the fines and penalties set lbrth in § 97-34 shall apply. 10 D. In addition to the above-provided penalties, the town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. Section 2. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 3. 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 11