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HomeMy WebLinkAboutTB-06/29/1971436 ~ - ~ Meeti~ of- June.~29~ 't971 '- A special meeting of the Southold Town'Board~was-.cslled by t.he ~ Supervisor, Albert M. Martocchia, at 16 South Street, Greenport, New York, on June 29, 1971 at 9:30 P.M. ALt members were given notice according to law. The following were present: Supervisor Albert_M.' Martocchia, Councilman Howard C. Valentine, Justice Martin Suter, Justice Louis M. Demarest, Councilman James H. Rich, Jr., Town Attorney Robert W. Tasker, and Town Clerk Albert W. Richmond, Absent: Justice E. Perry Edwards. Moved by Councilman Valentine, seconded by Councilman Rich, ~EREAS,Burton Potter Post ~185, American Legion, Greenport, New York, applied to the Town Clerk for a Bingo License, and WHEREAS, the Town Board has examined the application and after investigation made findings and determinations as required by law, NOW, THEREFORE, BE IT RESOLVED: That the Supervisor be and he hereby is authorized and directed to execute on behalf of the Town Board the findings and determinations required by law, and it is further, RESOLVED: That the Town Clerk be and he hereby is directed to issue a Bingo License to the Burton Potter Post ~185, American Legion, Greenport, New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Valentine, Councilman Rich, Justice Suter, Justice Demarest. Moved by Councilman Valentine, seconded by Councilman Rich, it was RESOLVED: That the proposed Zoning Maps and Zoning Ordinance be sent to the Suffolk County Planning ~ommission for their recommenda- tions and approval. Vote of the Town Board: Ayes: Supervi~ r Martocchia, Councilman Rich, Councilman Valentine. Nays: Justice Suter, Justice Demarest. Resolution declared LOST. Moved by Councilman Valentine, seconded by Justice Demarest, WHEREAS, by resolution adopted by this Town Board on the 14th day of June, 1971, a public hearing was authorized to be held on "An Ordinance Regulating Dredging, Filling and Construction Operations on Wetlands in the Town of Southold, ~nd WHEREAS, said hearing was held by the Town Board on the 29th day of June, 1971 at the Greenport School, at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board deems it is in the best interest of the Town of Southold that this Ordinance be adopted, NOW, THEREFORE, BE IT RESOLVED: That the Town Board of the Town of Southold enact the following ordinance to wit: "Ai~ ORDINANCE REGULATING DREDGING, FILLING ~ CONSTRUCTION OPERATIONS ON WETLANDS IN THE TOWN OF SOUTHOLD.'" ARTICLE I TITLe,POLICY AND DEFINITIONS q SECTION 100. Title This ordinance shall be known and may be cited as the "Wetlands 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 or eliminating many of its wetlands, which, if preserved and 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 in order to minimize damage from erosion, ~urbidity or siltation, salt water intrusion, loss of fish, shel~ fish~ or other beneficial marine organisms, aquatic wild life~.and~vegetatlon and the destruction of the natural habitat thereof, to.minimize danger of flood and st©rm-tide damage and pollution, and to o~ther~ise protect the quality of wetlands, tidal waters, marshes, shore lines~ beaches and natural drainage systems for their conserva- tiOn, 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 misuse 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 the 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 inconsistent with the context, words in the present sense include the ~uture, words used in the plural number include the singular number and words used in the singular number include the plural number. The word ~i.'~ha~l"~is always mandatory~and not ~ directory. (a) Material - shall mean soil, sand, gravel, clay, bog, peat, mud, or ~R~eDther 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 enlargement of any building, dock, pier, wharf, bulkhead,~ jetty, groin, or other, structure, temporary~or permanent, on wetlands _ ~c).~Peak-Lunar Tides - shall mean~those excessively high.tides or~spa~m~ides caused~by~lunar-gravitational phenomena~ (d) Person - shall mean any person, firm, partnership, associa- tion, corporation, company, organization or other legal entity of any kind, 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 ~q9 pga~rlunar 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,alt lands:generaLly eovere~ or intermittently covered with ti~lwaters,and upon~which 'salt~meadow grass (Spartina patens) and/or cordgrass (Spartina alterniflora) grows, or iscapable of being grown. ~ ~ ~ ~ - ARTICLE ~ It ..... SECTION -20©. Permit Required ,~ Blotwithstanding..any prior course of conduct..or~ permission gra~ted;. :no per.son~sha.lt conduct operatio_ns .o.n, any wetlands in the Town~f...Southold, un. less he shall first, obtain a written 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 permit may be issued upon the written verified application of the person proposing to perform operations on wetlands. The application shall be submitted to the Town Clerk in quadruplicate. Such application shall contain the following information': (a) The nameand address of the applicant and the source of the~applieant-'s right to perform such operations (e.g. Whethe~I applicant is the owner, lessee~ licensee, contractor, etc.). In all cases where the applicant is not the owner of the premises, where such operations are proposed to be conducted, the cons.en~ of the owner, duly acknowledged, must be attached to said ,applica~ibn. (b) The purpose of the proposed opeations. (c) The amount of material proposed ~o be removed or deposited, and/or the type, si~e and loca~tion of any proposed structure. (d) A description of the area from which removal or in which the deposit of material is proposed, or structures axe to be~e~ected. The description shall be by bearing and distance and shall be based on a local coordinate system. The starting point of the description shall be appropriately referenced to a permanent reference point or monument. (e) The depth to which removal or the deposit of material is proposed throughout the area of operations and the prop~sed angle or repose of all slopes. (f) The manner in which the material will be removed~or deposited, or structures erected~ ~ (g) Such application shall be accompanied by a survey and topographical map with contours at one foot intervals, showing the area from which removal or ~n which the deposit of materials is proposed~ or in which structures are to be erected, certifiedby a registered land surveyor or registered professional engineer~, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations a~e proposed to be conducted. The horiZontal contr~! of said survey shall be based on an approved local coordinate system. The vertical control for elevations and soundings shall be base~ on United States Coast and Geodetic Survey datum. (h) A statement of the effect, if any, on the wetlands an~~ tidal waters of the Town that may result by reason of such proposed opeaations. (i) A statement describing any known prior operations conducted on the premises in question and whether any prior licenses or permits have been issued to erect structures or to dredge or~deposit~fill on sa~d premises and whether any such permits or licenses were ever revoked or suspended by a governmental agency. (j) Documentary proof that all other necessary permits and apProvalS have been obtained. SECTION 220. Investigation of Application Upon receipt of the application, the Town Clerk shall forward one copy thereof to the Conservation Advisory Council, one copy to the Town Trustees, and one copy to the Town Board. The Conservation Advisory Council and the Town Trustees shall each review said appli- cation and the effect, if any, on the Wetlands and tital waters of the Town that may result from the proposed operations, and shall within 20 days of receipt of the same, forward its written ~pport 4:39 of findings and recommendations with respect to such application to the Town Board. If the Conservation Advisory Council or the Town Trustees shall recommend that such applicatinn be disapproved, the rea'son~, for such disapproval shall be set 'forth in such report. SECTION 230. Hearing on Application Upon receipt by the Town Board of t~e reports of the Conservation Advisory Council and the Town Trustees, the Town Board shall hold a public bearing on such application upon not less than 10 days notice to be published in one or more newspapers having a general circulation in ~he Town. SECTION 240. Action on Application Within 30 days after the public hearing on such application, the Town Board shall either adopt a resolution 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 Town Board adopts a resolution denying an application for a permit, the reasons for such denial shall be set forth ~ such resolution, In ~e event that the Town Board shall fail to act on such application within the time prescribed herein, such application shall be deemed to have been approved and the Town Clerk shall issue a permit authorizing the 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: (a) 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 oonducted in accordance with th~ permit. Such fees shall be in the amount of five ($5.00) dollars for each such inspection. SECTION 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 ~ certificate that the applicant has public liability insurance policies insuring against any liability which may arise in the performanee ~ the operations pursuant to such permit in such amount as. shall be fixed by the Town Board, which said policies shall name the ~own as a named insured. SECTION 270. Contents oX 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) (c) The date of issuance and expiration of the permit. The conditions imposed by the Town Board on the issuance of the permit. 44O (d) The specific location of the areas to be affected by the operations of the permittee. (e) A statement that: "The validity of this permit is or may be subject to the approval of other governmental or mun~cipal~fi~thorities. The Town accepts no responsibility in applying for or obtainin~ such approval. In the event that such approval is necessary7 ~the~ holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure to obtain such o~her approva! when required shall subject this permi~ to immediate revocation by the Town Clerk upon receipt by the town Clerk Of written__~ notice from such other governmental or municipal authbrities of its refusal or disapproval." Acceptance of the permit is a~eptance of this condition. (f) A statement that: "The applicant does bytthe acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for~ the prevention of injuries to persons and property resulting from such operations. By such acceptance, the applicant also agrses to indemnify and save harmless the Town, and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agents and employees. Acceptance of the permit is acceptance of this condition. (g) A statement that: "The applicant and the owned'and occupants of the pm~mises upon which the operations authorized by this permit are being conducted, do, by the acceptance of this permit, give consent t~ the T~wn~ and its'Officers and-~.employees to enter upon the premises where such operations are being conducted to'make such ~p~ec~ions as'the Town ~y deem necessary tO'insure that such operations are being conducted in conformity With<this permit." SECTION 280. Standards Th~'~Town~Board'may adoPt'a'~re~oluti0n directing the issuance of a permit to perform operations'applied for only if it determines that such operations will not substantially: '(a) Ad~'~s~y aff~'~t %he wetlands~f th~To{~fi.' (b) Cause damage from erosion, turbidity or siltation. (c) Cause salt water intrusion into the fresh water resources of the Town. · (d)~ Adversely'a~fec~ fish, shellfish, ~or other beneficial marine organisms, aquatic wildlife'and vegetation, Or the naturals'habitat thereof'~ ...... ' ~ (e) Ific~as~ ~h~ ~ange-Of flood and storm tide' damage. (f) Adversely affect navigation on tidal waters or the~tid&l flow of the tidal waters of the Town. (g) Change the course of any channel or the natural movement of flow of any waters. ' : (h) Weaken or undermine the lateral support of other lands in the vicinity. (i) Otherwise adversely affect the health, safety and'general welfare of the people of the Town. SECTION 290. Assignment of Permit A Permi~ issued p~rsuant hereto shall not be transferred or assigne~ wit~out the prio~ approval of the Town Board. ARTICLE III ENF 0RCEMEN T SECTION 300~ Enforcement Officer It shall be the duty of the Building Inspector to administer and enforce the provisions of this ordiaance. SECTION 310. Notice of ViOlation Whenever the Building Inspector has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this ordinance, or not in compliance Wfth a permit issued~ pursuapt to this ordinance, he may notify the 9wner of the property or the owner's agent, or the person p~rforming such opera- tions to suspend all operations, and any such person shall forthwith cease operations until such notice oI violation has been rescinded. Such no~&ce 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 opergtions may be resumed.. Such notice shall also inform the perm~n to whom it is directed of his right to apply for a hearing 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 opeaatio~s are being conducted and~mai~ing.~a copy thereof to such person by registered mail to-his last known address. The Building Inspector may extend the time of compliance specified in the notice of violation, where there ~s evidence of intent to comply within the time specified, and conditions exist which prevent ~mmediate compliance. In the event that the person upon whom a notice of violation has been served shall fail to comply with saidnotice within the time specified therein, or within~the-time specified~in any extension of time issued by the Building InspeCtor, any permi~ issued to such person pursuant to this ordinance.shalll be deemed-revoked .... ~_ SECTION 320. 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 10~days after service?~.~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. The Town Clerk shall present such request to the Town Board at it s next regular meeting.. The Town Board shall set a time and place for such hearing and shall give the person requesting the same 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 ~ause why such notice of violation should be ~odified or rescinded. After such hearing, the Town Board may sustain, modify er-rescind such notice of vio~!ation, or revoke any permit previously issued and shall specify the reaso~s~therefor. The notice of violation for which a ~hearing is requested shall continue in effect pending the~heari~9 and-determina- tion of the Town Board. SECTION 330. P~alties -- -~' ' For eve~f violation of t~e provision~0f ~this ordi'na'nce, or for a failure to comply with a notice of violation issued .by ~he Building Inspector, the owner, builder, contractor, or their agents, or any person who commits, takes kart'in, or assits in any such violation, or who shall fail to comply with a notice of violation issued by the Building Inspector shall be g~ii~y of a violation, and upon convictiQon shall be punishable by a fine of not more than five hundred ($500.00) dollars or imprisonment for a peri'od not exceeding~fi~e~n~(~5~).~-idays, or both such ~ne and imprisonment. Each days continued violation shall' conStitute~-~seuarate'additional vio~lation. - ~ ~ ARTICLE IV ~S Ai~D MISCELLANEOUS PROVISIONS SECTION~400. ~ Fees Every application for a'permit filed with the Town:C~erk Shall be accompanied by a'f'illn~ fee of twenty-fi~e~ ($~5~00)~"dollar~, no po~ion of Which shall be refufidable. 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 p~id by the applicant to the Town Clerk upon the issuance of a permit in a~0rdance ~'ith'S~c~i0n 250(c) hereof. SECTI0~- 410~.' Exceptions-~ ' ~ " A. The provisions of t~'is ordinance shall not affect or. prohibit or require a permit for the following: · ~ (1) The ordinary and usual mosqai%o controT-op~%ionfi conducted by any public authority. (2)' The 6rdinary'and~uSual operations incidental to the cultivation and/or harvesting Of f~sh and shellfish.- (3) The ordinary and usual operations relative to conservation of soil, vegetation, fish, shellfish and wildlife. (4) The ordinary and usual operations relative to agriculture, aquaculture or horticulture. (5)' The ordinary'and usual ma~ntenanC~ or-repair of presently existing building, ~d0ck, pier, Wha~f~ bulkhea~d, jetty, groin, dike, dam or other water control device, or structure. B. Nothing contained in this ordinance shall be~ deemed to' affect any areas in the Town sithin the jurisdiction of the SouthOtd Town Board of Trustees. SECTION 420. Waiver The Town 'Board upon request of the applican~ for a permit, may Waive in Whole or in part,~ ~he provfsions of'Article Section 210~ s~bdivigions ~d) ahd (g) where it finds t'hat~t~e' nature ~f the proposed operations are such that the reqUirefi~fits of such provisions are not necessary for a proper consideYfi~ion of a permit application. ~ECTION 430. Severability 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 impair or invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph, section or article directly involved in the controversy in which judgment shall have been rendered. SECTION 440. Effective Date This ordinance shall take effect immediately. Adjournment at 10:00 P.M. Albert W. Richmond Town Clerk