HomeMy WebLinkAboutTB-06/14/1971 i22
Meetinq of June 14, 1971
The Southold. Town Board met at the office of Supervisor Albert
Martocchia, 16 South Street, Greenport, New York, on Monday,
June 14, 1971 at 9~30 A.M., with the following present:
Supervisor Albert M. Martocchia, Councilman Howard Valentine,
Councilman James R~ch, Justice Martin Suter, Justice Louis
Demarest, and Town Clerk Albert W. Richmond.
A~ent: Justice E. Perry Edwards.
Moyed by Justice Demarest, seconded by Counci!~an Valentine, it was
RESOLVe. D: 'That a public hearing be held by the Town Board of the
Town of Southold, Suffolk County, New York, at the Greenport-High
School, GreenpQrt, New York~ on the 29th day of June 1R71 at 7:30
P.M. of said ~ay, in the matter of the adoption of the following
ordinance, to wit:
AN ORDINANCE REGULATING DREDGING,
FILLING AND CONSTRUCTION OPERATIONS
ON WETLANDS IN THE TOWN OF SOUTHOLD.
Article I
TITLE, POLICY AND DEFINITIONS
SECTION 100. Title
This ordinance shall be known and may be cited as the "Wet-
lan~s Ordinance'-of the Town of Southold~'. - ~
SECTION 110. Declaration of Policy
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 on eliminating many of its wetlands,
which,' if preserved abd maintained in an undisturbed and natural
condition, constitute important physical, social, aesthetic,
recreation and economic assets to existing and future residents
of the Town of Southold.
"~ It is the intention of this ordinance to protect the citizens
of the Town of Southold by providing for the protection, preservation,
proper maintenance and use of its wetlands zn order to minzmize
damage from erosion, turbidity or siltation, salt water intrusion,
loss of fish, shellfish, or other beneficial marine organisms,
aquatic.wild life and vegetatzon and the destruction of the nat6'ral
habitat thereof, to minzmize dange of flood and storm-tide damage
and pollution, and to otherwise protect the quality of wetlands,
tidal waters, marshes, shore lines, beaches and natural drainage
s~stems for their conservation, economic, aesthetic, recreation
and other public uses and values, and further to protect the potable
fresh water supplies of the Town from the dangers of drought~
overdraft, pollution from salt water intrusion and misus~ or
mismanagement, Therefore, the Town Board declares that the
regulation of the wetlands of the Town of Southold is essential
to the health, safety and welfare of th~ people of the Town of
Southold.
SECTION 120. Definitions'
For the purpose of this ordinance, the following terms, phrases,
words, and their derivations shall have the meaning given herein.~
When not ~n~eisistant with the context, words in the present tense
include the future, words used in the plural number include the
singular number and words used in the singular number include the
plural number. The word "shall" is always manadatory and not
directory.
(a) Material- shall mean soil, sand, gravel, clay', bog, peat,
mud, or' a~y other material, organic or inorganic.
(b) Operations .- shall mean (1) the removal of material from
wetlands; (2) the deposit of material on wetlands; (3) the erection,
construction, alteration or e~largement of any building, dock, pier,
wharf, bulkhead, jetty, groin or other structure, temporary or
permanent, 6n wetlands.
(c) Peak-Lunar Tides - shall mean those excessively high tides
or spring t~des caused by lunar gravitational phenomena.
(d) Person - shall mean an~ person~ firm, partnership, associa-
tion, corporation, company,~ organization or Qther legal entity of any
~ind, including municipal corporations or governmental agencies or
subdivisions thereof.
(e) Tidal Waters - shall mean all waters bordering on or within
the boundaries of the Town of Southold subject to fluctuation in depth
from peak-lunar or normal tidal action and shall include, but not~ be
limited to, all brackish and salt waters of streams, ponds, creeks,
estuaries, bays, sounds, and inlets.
(f) Town - shall mean the Town of Southold.
(g) Wetlands- shall mean all lands generally covered or
intermittently covered with tidal waters and upgn which salt meadow
grass (Spartina patens) and/or cordgrass (Spartina alterniflora)
grq~s,or is capable of being grown.
ARTICLE II
PERMITS
SECTION 200. P~rmit~REquired'
Notwithstanding any prior course of conduct or permission
granted, no person shall conduct operations on any wetlands in the
Town of Southold, unless he Shall first obtain a w~itten permit
therefor issued by authority of the Town Board as hereinafter
provided, and only while such permit remains in effect.
SECTION 210. Application for Permit
A'permi~ may be iss~ed~upon the written verified'application of
the person proposing to perform operations on wetlands. The appli-
cation shall be submitted to the Town Clerk in quadruplicate. Such
application shall contain the following information: .......
(a) ~ The name~and ~ddress of the applicant and the source of the
applicant"s 'right to Perform such' 9perations (e'.g. whether applicant
is the owner, lessee, licensee, co~tractor, etd.). In all cases where
the applican% is not th~ owner of the premiseS~where such oper~tionss
are proposed to be conducted,the consent Of the owner, duly acknow-
ledged, must be attached to said application. ~ .
(b) The purpose of the proposed operations.
'(d') The 'amount of material proposed to be removed or deposited,
and/or~ the type, slz~~ ahd location of any proposed structure.
(d) A'description or'the~ area from which'removal or in which
the deposit of ma'terial ~s proposed, or s~ruCtures 'are to be erected.
The description shall-be by bearing and distance and shall be based
on a local Coordinate system. The starting p~int of the description
shall b~ appropriately referenced to a permanen~t reference point or
monument. ' -~
(e) The depth to which removal or the deposit of material is
proposed throughout the area of operations and the propqse~.angle
of repose of all slopes.
(f) The manner in which the material will be removed.or
deposited, or s%ru.ctures erected.
(g) Such application shall be accompanied by a sur~e~ and
topographical map with contours at one foot intervals, showing the
area from which removal o,r in which the deposit of materials is
proposed, or in wk-ihh structures are to be erected, certified by a
registered land surveyor or registered professional engineer,
licensed by the State of New York. Such survey and tQpographical
map shall show the soundings of the area in which operations are
proposed to be conducted. The horizontal control of said survey
shall be based on an approved local coordinate system. The
vertical control for elevations shd soundings shall be b~ed on
United States Coast and Geodetic Survey datum.
(h) A statement of the effect, if any, on the wetlands and
tidal waters of the Town that may result by reason of S~'-~ro~°sed
operations.
(i) A statement describing any known prior ~esations conducted
on the premises in question and whether any prior licenses or permits
havebeen issued to erect structures or to dredge or deposit fill
on said premises and whether any such permits or licenses were ever
revoked or suspended by.a governmental-agency.
(~) Documentary proof that all other necessary permits an~
approvals have been obtained ....
SECTION 220. Investigation of Application
Upon receipt of the applicat~n, the Town Clerk ~ hal~.~Qrward
once copy thereof to the Conservation Advisory Council,-one copy
to the Town Trustees, and one copy to the Town Board. The Conserva-
tion Advisory Council and the Town Trustees shall each review said
application and the effect, if any, on the wetlands and tidal
waters of the Town that,may result from the propOsed operations, and
shall, within 20 days of receipt of the same, forward i%s~w~en~
report of findings and recommendations with respect ~o s~ch appii-
cation to the Town Board. If the Conservation Advisory Co~n~i~
or the Town Trustees shall recommend that such application be'd'is-
approved, the reasons for such disapproval shall be set forth in
such report.
SECTION 230. Hearin~ on Application
Upon receipt by the Town Board of the reports of the Conserva-
tion..Advisory Council and the Town Trustees~ the Town Board shall
hold a public hearing on such application~upon not less than 10 days
notice to be published in one or more newspapers hav&ng~a g~eral
circulation in the Town.
SECTION 240. Action on Application
Within 30 days after the public hearing on such application,
the Town Board shall either adopt a. resolu~ion directing the
issuance~of a permit or adopt a resolution denying the application
therefor. A resolution directing the issuance of a permit may be
adopted only if the Town Board finds that the proposed operations
will conform to the standards set forth in Section 280 hereof. If
the T~wn Board adopts a resolution denyin~ an application for a
permit,-the reasons for such denial shall be set forth in Such
resolution. In the event that th~ Town Board shall fall to act
on such application within the time prescribed herein, such appli-
cation shall be deemed to have been approved and the Town Clerk
shall issue a permit authorizingthe operations applied for.
SECTION 250. Conditions on Issuance of Permit
The Town Board may upon the adoption of a resolution directing
the issuance of a permit:
(~) Impose such conditions on the manner and extent of the
proposed operations as it deems appropriate.
(b) Fix the time by which operations must be commenced and
within which they must be completed.
(c) Require the payment of inspection fees in any case where
it is determined that more than one inspection is required to assure
that operations are being conducted in accordance with the permit.
Such fees shall be in the amount of five ($5.00) dollars for each
such inspection.
SECTISN 260. Compliance with Conditions
The applicant for a permit hereunder shall, before the issuance
of said permit by the Town Clerk, file with the Town clerk a
certificate that the applicant has public liability insurance policies
insuring.a~ainst any liability which may arise in the performance of
the operations pursuant to such permit in such amount as shall be
fixed.by the Town Board, which said policies~shall name the Town
as a named insured.
SECTION 270. Contents of Permit
Each permit issued hereunder by the Town Clerk pursuant to a
Town Board resolution shall state the following:
The name of the permittee.
(a)
(b)
The date of issuance and expiration or. the permit.
(c) The conditions imposed by the Town Board on the issuance
of the permit. '
(d) The specific location of the areas to be affected by the
operations of the permittee.
(e) A statement ah~% "The Validity of this permit is or may
be subject to the approval of other governmental or municipal a~thorities.
The Town accepts no responsibility in applying for or obtaining such
approval. In the event that such approval is necessary,-tbe~holder of
this permit shall not commence operations hereunder un~il such approval
has been obtained in writing. The failure to obtain.such other
approval when required shall .subject this permit to.immediate
revocation by the Town Clerk upon receipt by the Town Clerk of
Written notice from such other governmental or municipal authorities
of its refusal or disapproval." Acceptance of the permit is
acceptance of this condition.
(f) ~ statement that: "The applicant does by the acceptance
of this permit, assume all responsibility.for operations undertaken
pur~su~nt to.this permit,~and shall take all precautions for the
prevention of injuries to persons and property resulting from such
oper~io~s.~ By ~such acceptance, the applicant also agrees to
· ndemnifY and-.save.harmless the Town, and-its officers, agents and
employees.from a.ny~and all claims arising from operations under
this permit and any and all acts or omissions of applicant, his
agents and employees." Acceptance of the permit is acceptance of
this condition
(g) A statement that: ."The applicant and the owner and occupants
of the premises upon which the operations authorized by this p~rmit
are being conducted, do, by the acceptanc9 of this permit, give
~onsent to the Town, and it s officers and employees to ente~ ~pon
the premises where such operations are being conducted to make such
inspections as the Town may deem necessary to insure that-such
operations are being conducted in conformity with this permit."
SECTION 280. ~'Standard~~ ~
Yhe Town Board may adopt a resolution directing the issuance
of a permit to perform operations applied for Only if'it determines
that such operations will not substantially:
(a) Adversely affect the wetlands bf the Town.
(b) Cause damage from erosion, turbidity or siltation.
(c) Cause salt water intrusion into the fresh wate~sour~es
of the Town.
(d) Adversely affect fish, shellfish or other beneficial
marine'organi~ms, aquatic wildlife and vegetation, or-the-natural
habitat thereof~ ~
(e) In6rease the ~ang~of flood and storm tide damagel'-~
(f) Adversely affect navigation on tidal wateSs or the
tidal flow of the tidal waters of the Town.
(g) Change the course of any channel or the natu~ai mov3eme~t
or flow of any waters.
(h) Weaken or undermine the lateral ~upport of~th~ilan~S'~n
the vicinity.
(i) Otherwise adversely affect the health, safety and general
welfare of the people of the Town.
SECTION 290. Assignment of Permit
A permit issued pursuant hereto shall not be transferred or
assigned without the prior approval of~the Town' Board~ ~
ARTICLE III
ENFORCEMENT
SECTION 300.. Enforcement Officer -:
It shall b~ the duty of the Building Inspector to administer
and enforce 'the p~ovisions of this ordinance. ''
SECTION 310. Notice of Violation
Whenever the Building Inspector has reasonable ground~ to
believe that operations regulated hereby are being conducted in
vi61a~ioh of the provisions of this ordinance, or not in compliance
with a permit issued pursuant to this ordinance, he may notify the
owner of the property or the owner's ~gent, or th~ pers0n perform-
ing such operations to sUSpend all operations, and any such p~son
shall forthwith cease operations until such notice Of vio~ati0n
has been rescinded. Such notice'shall be in writing, ~halt 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 n~tice Shall also inform the person
to whom it is directed of his right to apply for a hearinq before
the Town Board, as hereinafter provided. 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 cop~~
thereof to such person by registered mail to his las~ known address.
The Building Inspector 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 dompliance.~ In'the event that tke 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 Building Inspector, ~nyany
permit issued to such person pursuant to this ordinance shall be
deemed;revoked. ~
SECTION 3202 'Hearing on Violation
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 Town Board, provided such person shall file a
written request therefor with the Town Clerk within l0 days after
service of the notice of violation. Such request shall have annexed
thereto a copy of the notiee of violation upon which a hearing is
requested and shall set forth the~reasons why such..notice of violation
shohld be~modified or rescinded. Th~ Town Clerk shall present such
request to the Town Board at its next regular meeting. The Town
Board shall.set a~ime and place for such hearing and shall g~ve the
persoh requesting, th~e'.s.ame at least 5 days .notice of the time and
place thereof. 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
suc hearing, the Town Board may sustain, modify or rescind such
notice of violation , or revoke any permit previously issued and
shal.1 specify the reasons therefor. The~notice~of violation for
which a hearing is reques~ted~shall continue~in effect pending the
hearing and determination of the Town Board.
SECTION 330. '-Penalties ...... : : '
For every violation of the provlskons of this ordinance, or for
a failure to comply with a notice of violation-issued.by the-Building
Inspector, the owner, builder, contractor, or their agents, or any
person who cimmits, takes part in, or assists in any such violation,
or who shall fail to comply with a notice of violation issued by
the BUilding In-speCtor shalt'be guilty of a violation, and upon
convictio~ shall be punishable by a fine of not-more than five
hundred ($500.00) dol&ars or imprisonment for a period not exceeding
fifteen (15) days, or both such:fine, and~imprisonment~ .Each-day's
continued violation shal~ constitute a separate~additional,violation.
ARTICLE IV
FEES AND MISCELLANEOUS PROVISIONS
SECT~DN 400. Fees
Every'application for a permit fited-~with the, Town.Clerk shall
be accompanied by a filing fee of twenty-five ($25.00). dollars; no
portion of which shall, be refundable.
In addition to the filing fee, the Town Board, upon the
adoption of a resolution authorizing the issuance of 'a-permit, shall
determine the amount of the inspection fees to be paid by the appli-
cant to the Town Cle'rk-upon;the issuance of a permit in accordance
with Section 250(c) hereof.
SECTION 410. Exceptions
A. The provisions of this ordinance shall not affect or prohibit
or require a permit for the following:
(1) The ordinary and usual mosquito control operations
conducted by any public authority.
428
(2) The ordinary and usual operations incidental to the
cultivation~a~d/or~harvestin§ of~ish and shellfish~.
(3)~ The ordinary and usuat',operations ~tive t~ ~conser-
vation of so,il, .vegetation, fish, .shellfish and wildlife
-~ ' ~ · (4) The ordinary~and usual operations rela%ive~to
ag~iculture,'aquaculture or_horticulture. .
(5) The ordinary and usual maintenance or repair of a
presently existing building, dock, pier, wharf, bulkhead, jetty,
groin, dike, dam or other water ¢ontro~ device or.structure.
B. Nothing contained in th&s ordinance shall be de:eme~ to
affe~.t ~ny areas ~in the Town :w,ithin the.~ ~urisdiction of .the Sou~thold
Town~.B0ard ~ ~f Trus~tees,; . .
SECTION ~20. Waiver
The.Town Board upon request of the~applicant for a p~ermit,~, m~y
waive in'whole or in part~ the provisions of Article II, Sec~ion
210~ ~subdivisions (d)-and (g) where ~it finds that.~the~na~ure of
the proposed.opera~ti-ons~ are..such that the,requirements of such
prov~sions'-are ,not, neeessary for~a proper con,sideratioR.~of a permit
application.
SECTIO~ 430~ Sev~rability.- ·
If~any clause, sentence, paragraph, section or article of this
ordinance shall be adjudged by any court of competent jurisdiction
to be invalid;~such judgment-shall not impai~r or inwatidate the
remainder hereof, but such adjudication shall be-conf-ined in.:itis,
opration to the clause, sentence, paragraph, section or article
directly involved in the controversy in which judgment._~hg~h~v~
been rendered.
SECTION 440. ~Effecti~e Date
This ordinance shall take effect immediately.
Vote of the Town Board: Ayes: Supervisor Martocchia~ Councilman
Rich, Councilman ~alentine, Justice Suter, Justice Demarest..
Moved by Justice Demarest~ seconded by Councitman~Va~lentine;
WHEREAS, a petition was.received from Edwin Rolquin, Harbor Hill.
Drive, Lloyd Harbor, Huntington, New York, requesting a change of
zone of certain property described in said petition at East Cutchogue,
New York, from "A" Residential and Agricultural District to "C"
Industrial District;. · ~
NOW, THEREFORE, BE IT RESOLVED: That the Town Clerk of the Town
of Southold be and he hereby is directed to transmit
cation to the Planning Board in accordance with Section 901,
Subdivision,C of Article IX of the Building ,Zone Ordinance,of the
Town of Southold .........
Vote of the Town Board: Ayes:. Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Adjournment at 9:45 A.M.
Albert W.-Richmond
Town clerk