HomeMy WebLinkAboutLL 2004 #01 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. 39 OF 2004 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 6, 2004:
WHEREAS there has been presented to thc Town Board of thc Town of Southold on the 16th
day of December, 2003, a Local Law entitled, "A Local Law in Relation to a Sixty (60) day
extension of the Temporary Moratorium on the Processing, Review off and making Decisions on
certain applications (new or pending) made to the Board of Trustees pursuant to Chapter 97
Wetlands of the Code of the Town of Southold"; and
WHEREAS that the Town Board of the Town of Southold held a public hearing at which time
all interested persons were heard, now therefor be it
The proposed local law entitled, "A Local Law in Relation to a Sixty (60) day extension of the
Temporary Moratorium on the Processing, Review of, and making Decisions on certain
applications (new or pending) made to the Board of Trustees pursuant to Chapter 97 Wetlands of
the Code of the Town of Southold" reads as follows:
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local
Law:
LOCAL LAW NO. ~ 2004
A Local Law in Relation to a Sixty (60) day extension of the Temporary Moratorium on
the Processing, Review of, and making Decisions on certain applications (new or pending) made
to the Board of Trustees pursuant to Chapter 97 Wetlands of the Code of the Town of Southold.
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1: Legislative Intent
A one year moratorium on the processing, review of, and making decisions on certain
applications (new or pending) made to the Board of Trustees pursuant to Chapter 97 Wetlands of
the Code of the Town of Southold was enacted by the Town Board on January 7, 2003. The
moratorium is set to expire on January 13, 2004. The moratorium was enacted to allow the
Town Board of Trustees sufficient time to comprehensively review the inappropriate
development of certain waterfront land, and the effects on the Town waters and habitats. Further,
the time was intended to allow the Board of Trustees time to review the comprehensive planning
objectives of the Town of Southold, the growth and development of the Town, the Local
Waterfront Revitalization Program (LWRP), the Peconic Estuary Comprehensive Management
Plan, as well as time to evaluate the effects, both singularly and cumulatively, of these tools and
actions in order to minimize damage from erosion, turbidity or siltation, saltwater intrusion, loss
of fish, shellfish or other beneficial marine organisms, lost of aquatic wildlife and vegetation and
the destruction of the natural habitat thereof, to minimize the danger of flood and storm-tide
damage and pollution, and to otherwise protect the quality of wetlands, tidal water, marshes,
shorelines, beaches, dunes, bluffs and natural drainage systems for their conservation, ecological,
hydrological, economic, aesthetic, recreational 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 saltwater intrusion or inappropriate land uses and misuse or mismanagement..
The moratorium has given the Town and the Board of Trustees time to consider and implement
the LWRP and the best land use techniques for protecting its waterfront resources.
The Town Board determined that the moratorium was necessary to address the fact that
new growth in the form of new structures on existing waterfront lots and underwater lands poses
the ability to impair the Town's unique environment, geology and hydrology. The moratorium
has been necessary in order to protect the character, natural resources and environment of the
Town of Southold and the public health, safety and welfare of Town residents.
The Board of Trustees met on a regular basis during the year 2003, along with an
environmental consultant retained by the Town, and representatives from the Town Planning and
Town Attorney's office to review the above mentioned issues, along with the tools available for
achieving the goals set by the Trustees. The group prepared a draft ora new Chapter 97, which
implemented many of the Board of Trustees' existing policies and procedures, and incorporated
the LWRP and the Town's planning and land use techniques and tools. The Board held a public
heating on the draft on July 16, 2003 to solicit public input. Further, the Board and
aforementioned environmental consultant met with local marine contractors and environmental
consultants, and consulted with the New York Department of State. Additionally, a draft of a
new section of Chapter 32 regarding Docks was prepared. The group reviewed and incorporated
the input and comments, both written and oral, received following the heating and meetings. The
group prepared an updated draft of the Chapter 97 and Chapter 32, which were presented to the
Town Board on November 18, 2003. The Town Board held public heatings on these code
changes on December 2, 2003, which was attended by many community members. The public at
the hearing requested the opportunity for further review and opportunity to comment prior to the
enactment of the changes. The hearings were closed, and the public comment period held open
until December 12, 2003. Many comments, both written and oral, have been received, and the
Board of Trustees will review each comment with the consultants and make amendments as
necessary. A final draft of the Code changes will be presented to the Town Board and an
additional public heating will take place before they are enacted as law. As a result, the Board of
Trustees has requested to extend the moratorium for an additional sixty (60) days to allow time
to incorporate the public comments and issues raised at the public hearings into the final laws,
and conduct additional public heatings.
Section 2: Enactment of a Temporary Moratorium
For a period of sixty (60) days following the effective date of this Local Law after which
date this Local Law shall lapse and be without further force and effect and subject to any other
Local Law adopted by the Town Board within the sixty (60) day period:
1)
The Board of Trustees of the Town of Southold shall not accept for review, continue
review, hold a hearing or make any decision upon any application (new or pending)
made pursuant to Chapter 97 of the Town Code of the Town of Southold for any new
residential or commercial structure/building on vacant land;
2)
The Board of Trustees of the Town of Southold shall not accept for review, continue
review, hold a heating or make any decision upon any application (new or pending)
made pursuant to Chapter 97 of the Town Code of the Town of Southold for any
"operations" (as that term is defined in Chapter 97) below the high tide line of any
"tidal waters" (as that term is defined in Chapter 97) or in standing water of any
"freshwater wetlands" (as that term is defined in Chapter 97)
Section 3:
1)
APPLICATION
This Local Law shall apply to ALL (new or pending) applications seeking a
Chapter 97 permit from the Board of Trustees of the Town of Southold for any new a
residential or commercial structure/building on vacant land or any "operations" (as
that term is defined by Chapter 97 of the Southold Town Code) below the high tide
line of "tidal waters" (as that term is defined in Chapter 97) or in standing water of
any "freshwater wetlands" (as that term is defined in Chapter 97)
Section 4: EXCLUSIONS
This Local Law shall not apply to:
1) the ordinary and usual operations incidental to the cultivation and/or harvesting of
fish and shellfish;
2) the ordinary and usual operations relative to conservation of soil, vegetation, fish,
shellfish and wildlife;
3) the ordinary and usual operations relative to agriculture, aquaculture or horticulture;
4) the ordinary and usual maintenance or repair of a presently existing permitted
building, dock, pier, wharf, bulkhead, jetty, groin, dike, dam or other water control
devise or structure;
5) the construction ora registered bulkhead, which is to replace an existing functional
bulkhead, provided that the new bulkhead is constructed substantially similar to the
design and measurement of the existing bulkhead and located in place of the existing
bulkhead;
6) repair or renovation to existing residential or commercial building or structures;
7) accessory structures above the high tide line;
8) applications/inquires to the Board of Trustees for determinations of non-jurisdiction.
Section 5: CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE
To the extent that any provisions of this Local Law are in conflict with or are construed
as inconsistent with the provisions of Chapter 97 of the Southold Town Code this Local Law
supercedes, amends and takes precedence over such provisions pursuant to the Town's municipal
home rule powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section
10(1)(ii)(a)(14) and section 22 to supercede any inconsistent authority;
In particular, this local law supercedes Southold Town Code Chapter 97 sections 97-20, section
97-21; section 97-22, section 97-24, section 97-25, section 97-27, section 97-28, and section 97-
29 which require the Board of Trustees act upon, hold heatings on, and make decisions
concerning applications.
Section 6: APPEALS PROCEDURE
The Town Board shall have the authority to vary or waive the application of any
provision of this Local Law, in its legislative discretion, upon its determination that such
variance or waiver is required to alleviate the extraordinary hardship of the imminent danger of
collapse or structural failure a residential or commercial structure or building. To grant such a
request the applicant must file with the Town Board and the Board of Trustees supporting
documentation, including a certified engineers report.
Any request for a variance or waiver shall be filed with the Town Clerk and the Board of
Trustees (for recommendation) and shall include a fee of $150.00 dollars for the processing of
the application. The application and Board of Trustee recommendation shall be transmitted to
the Town Board which may conduct a public heating and make a final decision on the
application, with or without conditions. Final approval is reserved to the absolute legislative
discretion of the Town Board.
Section 7: SEVERAB1LITY
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 8: EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Elizabeth A. Neville
Southold Town Clerk
GEOROE E PATAKI
STATE Of NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY, NY 1223 I -000 I
t~ECEIVED
FEB 13
SouCnold Town CJerk
February 10, 2004
RANDY A, DANIELS
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
TOWN HALL, 53095 MAIN RD.
PO BOX 1179
SOUTHOLD NY 11971
Re: TOWN of SOUTHOLD, Local Law 1, 2 & 3, 2004, filed on 1/23104
To Whom It May Concern:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms will be forwarded upon request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
LL:ct
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET1 ALBANY1 NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of
SOUTHOLD
LOCAL LAW NO. 1 2004
A Local Law in Relation to a Sixty (60) day extension of the Temporary Moratorium on the Processing,
Review of, and making Decisions on certain applications (new or pending) made to the Board of Trustees
pursuant to Chapter 97 Wetlands of the Code of the Town of Southold.
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1: Legislative Intent
A one year moratorium on the processing, review of, and making decisions on certain applications (new
or pending) made to the Board of Trustees pursuant to Chapter 97 Wetlands of the Code of the Town of
Southold was enacted by the Town Board on January 7, 2003. The moratorium is set to expire on January 13,
2004. The moratorium was enacted to allow the Town Board of Trustees sufficient time to comprehensively
review the inappropriate development of certain waterfront land, and the effects on the Town waters and
habitats. Further, the time was intended to allow the Board of Trustees time to review the comprehensive
planning objectives of the Town of Southold, the growth and development of the Town, the Local Waterfront
Revitalization Program (LWRP), the Peconic Estuary Comprehensive Management Plan, as ~vell as time to
evaluate the effects, both singularly and cumulatively, of these tools and actions in order to minimize damage
from erosion, turbidity or siltation, saltwater intrusion, loss of fish, shellfish or other beneficial marine
organisms, lost of aquatic wildlife and vegetation and the destruction of the natural habitat thereof, to minimize
the danger of flood and storm-tide damage and pollution, and to otherwise protect the quality of wetlands, tidal
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev. 11/99) (1)
water, marshes, shorelines, beaches, dunes, bluffs and natural drainage systems for their conservation,
ecological, hydrological, economic, aesthetic, recreational 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
saltwater intrusion or inappropriate land uses and misuse or mismanagement.. The moratorium has given the
Town and the Board of Trustees time to consider and implement the LWRP and the best land use techniques for
protecting its waterfront resources.
The Town Board determined that the moratorium was necessary to address the fact that new growth in
the form of new structures on existing waterfront lots and underwater lands poses the ability to impair the
Town's unique environment, geology and hydrology. The moratorium has been necessary in order to protect
the character, natural resources and environment of the Town of Southold and the public health, safety and
welfare of Town residents.
The Board of Trustees met on a regular basis during the year 2003, along with an environmental
consultant retained by the Town, and representatives from the Town Planning and Town Attorney's office to
review the above mentioned issues, along with the tools available for achieving the goals set by the Trustees.
The group prepared a draft ora new Chapter 97, which implemented many of the Board of Trustees' existing
policies and procedures, and incorporated the LWRP and the Town's planning and land use techniques and
tools. The Board held a public heating on the draft on July 16, 2003 to solicit public input. Further, the Board
and aforementioned environmental consultant met with local marine contractors and environmental consultants,
and consulted with the New York Department of State. Additionally, a draft of a new section of Chapter 32
regarding Docks was prepared. The group reviewed and incorporated the input and comments, both written and
oral, received following the hearing and meetings. The group prepared an updated draft of the Chapter 97 and
Chapter 32, which were presented to the Town Board on November 18, 2003. The Town Board held public
hearings on these code changes on December 2, 2003, which was attended by many community members. The
public at the hearing requested the opportunity for further review and opportunity to comment prior to the
enactment of the changes. The heatings were closed, and the public comment period held open until December
12, 2003. Many comments, both written and oral, have been received, and the Board of Trustees will review
each comment with the consultants and make amendments as necessary. A final draft of the Code changes will
be presented to the Town Board and an additional public hearing will take place before they are enacted as law.
As a result, the Board of Trustees has requested to extend the moratorium for an additional sixty (60) days to
allow time to incorporate the public comments and issues raised at the public hearings into the final laws, and
conduct additional public hearings.
Section 2: Enactment of a Temporary Moratorium
2
For a period of sixty (60) days tbllowing the effective date of this Local Law after which date this Local
Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town
Board within the sixty (60) day period:
1)
The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a
hearing or make any decision upon any application (new or pending) made pursuant to Chapter 97 of
the Town Code of the Town of Southold for any new residential or commercial structure/building on
vacant land;
2)
The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a
hearing or make any decision upon any application (new or pending) made pursuant to Chapter 97 of
the Town Code of the Town of Southold for any "operations" (as that term is defined in Chapter 97)
below the high tide line of any "tidal waters" (as that term is defined in Chapter 97) or in standing
water of any "freshwater wetlands" (as that term is defined in Chapter 97)
Section 3:
l)
APPLICATION
This Local Law shall apply to ALL (new or pending) applications seeking a Chapter 97 permit
from the Board of Trustees of the Town of Southold for any new a residential or commercial
structure/building on vacant land or any "operations" (as that term is defined by Chapter 97 of the
Southold Town Code) below the high tide line of"tidal waters" (as that term is defined in Chapter
97) or in standing water of any "freshwater wetlands" (as that term is defined in Chapter 97)
Section 4:
EXCLUSIONS
This Local Law shall not apply to:
1) the ordinary and usual operations incidental to the cultivation and/or harvesting of fish and shellfish;
2) the ordinary and usual operations relative to conservation of soil, vegetation, fish, shellfish and
wildlife;
3) the ordinary and usual operations relative to agriculture, aquaculture or horticulture;
4) the ordinary and usual maintenance or repair of a presently existing permitted building, dock, pier,
wharf, bulkhead, jetty, groin, dike, dam or other water control devise or structure;
5) the construction of a registered bulkhead, which is to replace an existing functional bulkhead,
provided that the new bulkhead is constructed substantially similar to the design and measurement of
the existing bulkhead and located in place of the existing bulkhead;
repair or renovation to existing residential or commercial building or structures;
6)
7) accessory structures above the high tide line;
8) applications/inquires to the Board of Trustees for determinations of non-jurisdiction.
Section 5: CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent
with the provisions of Chapter 97 of the Southold Town Code this Local Law supercedes, amends and takes
precedence over such provisions pursuant to the Town's municipal home rule powers, pursuant to Municipal
Home Rule Law section 10(1 )(ii)(d)(3); section 10(1 )(ii)(a)(14) and section 22 to supercede any inconsistent
authority;
In particular, this local la~v supercedes Southold Town Code Chapter 97 sections 97-20, section 97-21; section
97-22, section 97-24, section 97-25, section 97-27, section 97-28, and section 97-29 which require the Board of
Trustees act upon, hold hearings on, and make decisions concerning applications.
Section 6: APPEALS PROCEDURE
The Town Board shall have the authority to vary or waive the application of any provision of this Local
Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate the
extraordinary hardship of the imminent danger of collapse or structural failure a residential or commercial
structure or building. To grant such a request the applicant must file with the Town Board and the Board of
Trustees supporting documentation, including a certified engineers report.
Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for
recommendation) and shall include a fee of $150.00 dollars for the processing of the application. The
application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a
public hearing and make a final decision on the application, with or without conditions. Final approval is
reserved to the absolute legislative discretion of the Town Board.
Section 7: 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 8: EFFECTiVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
4
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
hereby certify that the local law annexed hereto, designated as local law No. 1 of 20 04 . of the
..... ~ j, v..~ )(Town),....~,~) of SOUTHOLD was duly passed by the
TOWN BOARD on January 6 ,20 04 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20
in accordance with the applicable provisions of law. --"
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local Iaw No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the on 20 _. Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 in
accordance with the applicable provisions of law. '
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20__ Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 in
accordance with the applicable provisions of law. '
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
i hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20
became operative. --'
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph I , above.
Clerk of th~:~unty legislative body. City.~own or Village Clerk
or officer designated by local legislative bofly
Elizabeth A. Neville, Town Clerk
(Seal) Date: January 21, 2004
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law anff'O~ed hereto.
s gna e / t"l
Patricia A. Finneghnc'Esq., To6*fl Attorney
Title
Town of
SOUTHOLD
Date:
(3)
January 21, 2004
SOUTHOLD TOWN BOARD
PUBLIC HEARING
January 6, 2004
5:10 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO A SIXTY (60) DAY EXTENSION OF
THE TEMPORARY MORATORIUM ON THE PROCESSING~ REVIEW OF AND MAKING
DECISIONS ON CERTAIN APPLICATIONS (NEW OR PENDING) MADE TO THE BOARD
OF TRUSTEES PURSUANT TO CHAPTER 97 WETLANDS CODE OF THE TOWN OF
SOUTHOLD".
Present:
Absent:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman Thomas Id. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
Councilman John M. Romanelli
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the To~vn
Board of the Town of Southold on the 16th day of December, 2003, a Local Law entitled, "A Local
Law in Relation to a Sixty (60) day extension of the Temporary Moratorium on the Processinu.
Review of~ and making Decisions on certain applications (new or pendine) made to the Board of
Trustees pursuant to Chapter 97 Wetlands of the Code of the Town of Southold"; and
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 6th day of January 2004 at 5:10 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 a Sixty (60) day extension of the
Temporary Moratorium on the Processing, Review of, and making Decisions on certain applications
(new or pending) made to the Board of Trustees pursuant to Chapter 97 Wetlands of the Code of the
Town of Southold" reads as follows:
LOCAL LAW NO. of 2004
A Local Law in Relation to a Sixty (60) day extension of the Temporary Moratorium on the
Processing, Review of, and making Decisions on certain applications (new or pending) made to the
Board of Trustees pursuant to Chapter 97 Wetlands of the Code of the Town of Southold.
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1: Legislative Intent
A one year moratorium on the processing, review of, and making decisions on certain
applications (new or pending) made to the Board of Trnstees pursuant to Chapter 97 Wetlands of the
January 6, 2004
Public Heating-Trustees Moratorium
2
Code of the Town of Southold was enacted by the Town Board on January 7, 2003. The moratorium is
set to expire on January 13, 2004. The moratorium was enacted to allow the Town Board of Trustees
sufficient time to comprehensively review the inappropriate development of certain waterfront land,
and the effects on the Town waters and habitats. Further, the time was intended to allow the Board of
Trustees time to review the comprehensive planning objectives of the Town of Southold, the growth
and development of the Town, the Local Waterfront Revitalization Program (LWRP), the Peconic
Estuary Comprehensive Management Plan, as well as time to evaluate the effects, both singularly and
cumulatively, of these tools and actions in order to minimize damage from erosion, turbidity or
siltation, saltwater intrusion, loss of fish, shellfish or other beneficial marine organisms, lost of aquatic
wildlife and vegetation and the destruction of the natural habitat thereof, to minimize the danger of
flood and storm-tide damage and pollution, and to otherwise protect the quality of wetlands, tidal
water, marshes, shorelines, beaches, dunes, bluffs and natural drainage systems for their conservation,
ecological, hydrological, economic, aesthetic, recreational 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 saltwater intrusion or inappropriate land uses and misuse or mismanagement.. The
moratorium has given the Town and the Board of Trustees time to consider and implement the LWRP
and the best land use techniques for protecting its waterfront resources.
The Town Board determined that the moratorium was necessary to address the fact that new
growth in the form of new structures on existing waterfront lots and underwater lands poses the ability
to impair the Town's unique environment, geology and hydrology. The moratorium has been
necessary in order to protect the character, natural resources and environment of the Town of Southold
and the public health, safety and welfare of Town residents.
The Board of Trustees met on a regular basis during the year 2003, along with an
environmental consultant retained by the Town, and representatives from the Town Planning and
Town Attorney's office to review the above mentioned issues, along with the tools available for
achieving the goals set by the Trustees. The group prepared a draft of a new Chapter 97, which
implemented many of the Board of Trustees' existing policies and procedures, and incorporated the
LWRP and the Town's planning and land use techniques and tools. The Board held a public hearing on
the draft on July 16, 2003 to solicit public input. Further, the Board and aforementioned environmentaI
consultant met with local marine contractors and environmental consultants, and consulted with the
New York Department of State. Additionally, a draft of a new section of Chapter 32 regarding Docks
was prepared. The group reviewed and incorporated the input and comments, both written and oral,
received following the heating and meetings. The group prepared an updated draft of the Chapter 97
and Chapter 32, which were presented to the Town Board on November 18, 2003. The Town Board
held public hearings on these code changes on December 2, 2003, which was attended by many
community members. The public at the hearing requested the opportunity for further review and
opportunity to comment prior to the enactment of the changes. The hearings were closed, and the
public comment period held open until December 12, 2003. Many comments, both written and oral,
have been received, and the Board of Trustees will review each comment with the consultants and
make amendments as necessary. A final draft of the Code changes will be presented to the Town Board
and an additional public hearing will take place before they are enacted as law. As a result, the Board
of Trustees has requested to extend the moratorium for an additional sixty (60) days to allow time to
incorporate the public comments and issues raised at the public hearings into the final laws, and
conduct additional public hearings.
Section 2: Enactment ora Temporary Moratorium
January 6, 2004
Public Heating-Trustees Moratorium
3
For a period of sixty (60) days following the effective date of this Local Law after which date
this Local Law shall lapse and be without further force and effect and subject to any other Local Law
adopted by the Town Board within the sixty (60) day period:
1) The Board of Trustees of the Town of Southold shall not accept for review, continue
review, hold a hearing or make any decision upon any application (new or pending) made
pursuant to Chapter 97 of the Town Code of the Town of Southold for any new residential
or commercial structure/building on vacant land;
2) The Board of Trustees of the Town of Southold shall not accept for review, continue
review, hold a hearing or make any decision upon any application (new or pending) made
pursuant to Chapter 97 of the Town Code of the Town of Southold for any "operations" (as
that term is defined in Chapter 97) below the high tide line of any "tidal waters" (as that
term is defined in Chapter 97) or in standing water of any "freshwater wetlands" (as that
term is defined in Chapter 97)
Section 3: APPLICATION
1) This Local Law shall apply to ALL (new or pending) applications seeking a Chapter 97
permit from the Board of Trustees of the Town of Southold for any new a residential or
commercial structure/building on vacant land or any "operations" (as that term is defined
by Chapter 97 of the Southold Town Code) below the high tide line of"tidal waters" (as
that term is defined in Chapter 97) or in standing water of any "freshwater wetlands" (as
that term is defined in Chapter 97)
Section 4: EXCLUSIONS
This Local Law shall not apply to:
1) the ordinary and usual operations incidental to the cultivation and/or harvesting of fish and
shellfish;
2) the ordinary and usual operations relative to conservation o f soil, vegetation, fish, shellfish
and wildlife;
3) the ordinary and usual operations relative to agriculture, aquaculture or horticulture;
4) the ordinary and usual maintenance or repair of a presently existing permitted building,
dock, pier, wharf, bulkhead, jetty, groin, dike, dam or other water control devise or
structure;
5) the construction ora registered bulkhead, which is to replace an existing functional
bulkhead, provided that the new bulkhead is constructed substantially similar to the design
and measurement of the existing bulkhead and located in place of the existing bulkhead;
6) repair or renovation to existing residential or commercial building or structures;
7) accessory structures above the high tide line;
8) applications/inquires to the Board of Trustees for determinations of non-jurisdiction.
Section 5: CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as
inconsistent with the provisions of Chapter 97 of the Southold Town Code this Local Law supercedes,
amends and takes precedence over such provisions pursuant to the Town's municipal home rule
powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section 10(1)(ii)(a)(14) and
section 22 to supercede any inconsistent authority;
In particular, this local law supercedes Southold Town Code Chapter 97 sections 97-20, section 97-21;
section 97-22, section 97-24, section 97-25, section 97-27, section 97-28, and section 97-29 which
require the Board of Trustees act upon, hold hearings on, and make decisions concerning applications.
Section 6: APPEALS PROCEDURE
January 6, 2004
Public Hearing-Trustees Moratorium
4
The Town Board shall have the authority to vary or waive the application of any provision of
this Local Law, in its legislative discretion, upon its determination that such variance or waiver is
required to alleviate the extraordinary hardship of the imminent danger of collapse or structural failure
a residential or commercial structure or building. To grant such a request the applicant must file with
the Town Board and the Board of Trustees supporting documentation, including a certified engineers
report.
Any request for a variance or waiver shall be filed with the Town Clerk and the Board of
Trustees (for recommendation) and shall include a fee of $150.00 dollars for the processing of the
application. The application and Board of Trustee recommendation shall be transmitted to the Town
Board which may conduct a public hearing and make a final decision on the application, with or
without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board.
Section 7: 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 8: EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
There follows a very lengthy discussion about what this moratorium is all about, I think people
recognize that we have already had the moratorium in place for some time. The legislative intent is
basically that there is a one year moratorium on the processing, review and decisions while the Board
of Trustees has an opportunity to revise and provide legislative information for the Town Board to act
on that would strengthen Chapter 97. This proposal has been noticed out here in the bulletin board and
I have a legal where it has appeared in newspaper and I have one piece of correspondence from Suffolk
County Department of Planning: "Gentlemen, Pursuant to the requirements of Section A-14, etc of the
Suffolk County Administrative Code, this application submitted to the Suffolk County Planning
Commission is considered to be a matter for local determination as there is no apparent significant
county-wide impact. Decision of local determination should not be construed as either approval or
disapproval." And those are all that I have for this file.
SUPERVISOR HORTON: Thank you, Councilman Wickham. Are there comments from the floor on
this public heating? Yes, Mr. Krupski.
ALBERT KRUPSKI, PRESIDENT OF THE BOARD OF TRUSTEES: Good evening, Albert
Krupski, Board of Trustees. The moratorium began last January, it was scheduled to end in the middle
of the month of this year, 2004. We put a lot of work into the draft of the new code changes, we had
the public hearing in July, we had a Town Board public hearing December 2. After the Town Board
public hearing December 2, the Board met, we reviewed all the comments that were made and all the
correspondence that was made from that date, we made some changes based on those comments; it
was really a positive interaction at that point. We waited for the rest of the period to receive other
comments, we received additional comments in the mail. We met again and we reviewed ail those
other comments and we made changes on some of those comments that were relevant and again, you
know, we want to thank everyone that took the time out to review the code, to go through it really.
There were a lot of things that, while we went through and made changes, we knew exactly what we
wanted to say, however, when it got put down on paper, when someone who didn't work on it for a
January 6, 2004
Public Heating-Trustees Moratorium
5
year read it, it just didn't make any sense. So, we went through and we made a lot of changes to
clarify things that we wanted to say and that should have been in the code but just wasn't clear. So, we
appreciated those comments. Now, all that review has been done and the reason that we are asking for
an extension to the moratorium is to make sure that we have enough time to get that wording right and
to get it approved by the Town Board and then someone in the State has to look at it and approve it
also and file it with the State. So we want to make sure that it is all done in a timely fashion and that
we don't have some kind of lag time before the moratorium ends. So the work has been done. We
really anticipate sending a copy of the revised draft to the Town Board next week for your review and
we would like the Town Board to set a date for a public hearing on the draft for the next Town Board
meeting, which would be, I believe January 20th.
SUPERVISOR HORTON: We look forward to you getting the legislative changes to us, so we can
review it and have a discussion about it at the next work session.
MR. KRUPSKI: Great.
SUPERVISOR HORTON: Thank you very much.
MR. KRUPSKI: Thank you.
SUPERVISOR HORTON: Would anybody else care to address the Board on this public hearing? (No
response) Members of the Board? (No response) We will close this heating.
Elizabeth A. Neville
Southold Town Clerk
LEGAL NOTICE
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY
GIVEN there has been present-
ed to the Town Board of
Town o£ Southold on the 16ta
day of December, 2003, a Local
Law entitled, "A Local Law in
Relation to a Sixty (60~ day
extension of the Temnorarv
Moratorium on the
Processinn~ Review of. and
making Decisions on certain
annHcations (new or oendinnl
made to the Board of Trustees
nursuant to Chanter 97
Wetlands of the Code of the
Town of Southold": and
NOTICE IS HEREBY FUR-
THER 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
January 2004 at 5:10 n.m. at
which time all interested per-
sons will be given an opportuni-
ty to be heard.
The proposed local law enti-
tled, "A Local Law in Relation
to a Sixty (60) day extension of
the Temporary Moratorium on
the Processing, Review of, and
making Decisions on certain
applications (new or pending)
made to the Board of Trustees
pursuant to Chapter 97
Wetlands of the Code of the
Town of Southold" reads as fol-
lows:
LOCAL LAW NO. of
2OO4
A Local Law in Relation to a
Sixty (60) day extension of the
Tempormy Moratorium on the
Processing, Review of, and
making Decisions On certain
applications (new or pending)
made to the Board of Trustees
pursuant to Chapter 97
Wetlands of the Code of the
Town of Southold.
BE IT ENACTED BY, the
Town Board of the Town of
Southold as follows:
Section 1: Legislative
Intent
A one year moratorium on the
processing, review of, and mak-
ing decisions on certain applica-
tions (new or pending) made to
the Board of Trustees pursuant
to Chapter 97 Wetlands of the
Code of the Town of Southold
was enacted by the Town Board
on January 7, 2003. The mora-
torium is set to expire on
January 13, 2004. The morato-
rium was enacted to allow the
Town Board of Trustees suffi-
cient time to comprehensively
review the inappropriate devel-
opment of certain waterfront
land, and the effects on the
Town waters and habitats.
Further, the time was intended
to allow the Board of Trustees
time to review the comprehen-
sive planning objectives of the
Town of Southold, the growth
and development of the Town,
the - Local Waterfront
Revitalization Program
(LWRP), the Peconic Estuary
Comprehensive Management
Plan, as well as time to evaluate
the effects, both singularly and
cumulatively, of these tools and
actions in order to minimize
damage from erosion, turbidity
or siltation, saltwater intrusion,
loss of fish, shellfish or other
beneficial marine organisms,
lost of aquatic wildlife and veg-
etation and the destruction of
the natural habitat thereof, to
minimize the danger of flood
and storm-tide damage and pol-
lution, and to otherwise protect
the quality of wetlands, tidal
water, marshes, shorelines,
beaches, dimes, bluffs and natu-
ral drainage systems for their
conservation, ecological, hydro-
logical, economic,' aesthetic,
recreational and other public
uses and values, and further to
protect the potable fresh water
supplies of the Town fi.om the
dangers of drought, overdraft,
pollution fi.om saltwater intru-
sion or inappropriate land uses
and misuse or mismanagement.
· The moratorium has given the
Town and the Board of Trustees
time to consider and implement
the LWRP and the best land use
techniques for protecting its
waterfront resources.
The Town, Board determined
that the moratorium was neces-
saW to address the fact that new
growth in the form of new struc-
tm'es on existing waterfront lots
and underwater lands poses thc
ability to impair the Town's
unique environment, geology
and hydrology. The moratorium
has been necessary in order to
protect the character, natural
resources and environment of
the Town of Southold and the
public health, safety and wel-
fare of Town residents.
The Board of Trustees met on
a regular basis during the .year
2003, along with an environ-
mental consultant retained by
the Town, and representatives
from the Town Planning and
Town Attorney's office to
review the above mentioned
issues, along with the tools
available for achieving the goals
set by the Trustees. The group
prepared a draft of a new
Chapter 97, which implemented
many of the Board of Trustees'
existing policies and proce-
dures, and incorporated the
LWRP and the Town's planning
and land use techniques and
tools. The Board held a public
hearing on the draft on July 16,
2003 to solicit public input.
Further, the Board and afore-
mentioned environmental con-
sultant met with local marine
contractors and environmental
consultants, and consulted with
the New York Department of
State. Additionally, a draft of a
new section of Chapter 32
regarding Docks was prepared.
The group reviewed and incor-
porated the input and com-
ments, both written and oral,
received following the hearing
and meetings. The group pre-
pared an updated draft of the
Chapter 97 and Chapter 32,
which were presented to the
Town Board on November 18,
2003. The Town Board held
public hearings on these code
changes on December 2, 2003,
which was attended by many
community members. The pub-
lic at the hearing requested the
opportunity for further review
and opportunity to comment
prior to the enactment of the
changes. The hearings were
closed, and the public comment
period held open until
December 12, 2003. Many com-
ments, both written and oral,
have been received, and the
Board of. Trustees will review
each comment with the consult-
ants and make amendments as
necessaw. A final draft of the
Code changes will bepresented
to the Town Board andan addi-
tional public hearing will take
place before they are enacted as
law. As a result, the Board of
Trustees has requested to extend
the moratorium for an addition-
al sixty (60) days to allow time
to incorporate the public com-
ments and issues raised at the
public hearings into the final
laws, and conduct additional
public hearings.
Section 2: Enactment of a
Temporary Moratorium
For a period 0f sixty (60) days
following the effective date of
this Local Law after which date
this Local Law shall lapse and
be without further force and
effect and subject to any other
Local Law adopted by the Town
Board within the sixty (60) day
period:
(1) The Board of Trustees Of
the Town of Southold shall not
accept for review, continue
review, hold a hearing or make
any decision upon any applica-
tion (new or pending) made pur-
suant to Chapter 97 of the Town
Code of the Town of Southold
for any new residential or com-
mercial structure/building on
vacant land;
(2) The Board of Trustees of
the Town of Southold shall not
accept for review, continue
review, hold a hearing or make
any decision upon any applica-
tion (new or pending) made pur-
suam to Chapter 97 of the Town
Code of the Town of Southold
for any "operations" (as that
term is defined in Chapter 97)
below the high tide line of any
"tidal waters" (as that term is
defined in Chapter 97) or in
standing water of any "freshwa-
ter wetlands" (as that term is
defined in Chapter 97)
Section 3: APPLICATION
(1) This Local Law shall
apply to ALL (new or pending)
applications seeking a Chapter
97 permit fi.om the Board of
Trustees of the Town of
Southold for any new a residen-
tial or commercial
structure/building on vacant
land or any "operations" (as that
term is defined by Chapter 97 of
the Southold Town Code) below
the high tide line of "tidal
waters" (as that term is defined
in Chapter 97) or in standing
water of any "freshwater wet-
lands" (as that term is defined in
Chapter 97)
Section 4: EXCLUSIONS
This Local Law shall not
apply to:
l) the ordinary and usual
operations incidental to the cul-
tivation and/or harvesting of
fish and shellfish;
2) the ordinary and usual
operations relative to conserva-
tion of soil, vegetation, fish,
shellfish and wildlife;
3) the ordinary and usual
operations relative to agricul-
ture, aquaculture or horticul-
ture;
4) the ordinary ~and usual
maintenance or repair of a
presently existing permitted
building, dock, pier, wharf,
bulkhead, jetty, groin, dike, dam
or other water control devise or
structure;
5) the construction of a regis-
tered bulkhead, which is to
replace an existing functional
bulkhead, provided that the new
bulkhead is constructed sub-
stantially similar to the design
and measurement of the existing
bulkhead and located in place of
the existing bulkhead;
6) repair or renovation to
existing residential or commer-
cial building or structures;
7) accessory structures above
the high tide line;
8) applications/inquires to the
Board of Trustees for determi-
nations of non-jurisdiction.
Section 5: CONFLICT
WITH OTHERS LAWS AND
AUTHORITY TO
SUPERCEDE
To the extent that any provi-
sions of this Local Law are in
conflict with or are construed as
inconsistent with the provisions
of Chapter 97 of the Southold
.Town Code this Local Law
supercedes, amends and takes
precedence over such provi-
sions pursuant to the Town's
municipal home rule powers,
pursuant to Municipal Home
Rule Law section
10(1)(ii)(d)(3); section
10(1)(ii)(a)(14) and section 22
to supercede any inconsistent
authority;
In particular, this local law
supercedes Southold Town
Code Chapter 97 sections 97-
20, section 97-21; section 97-
22, section 97-24, section 97-
25, section 97-27, section 97-
28, and section 97-29 which
_ require the Board of Trustees
act upon, hold hearings on, and
make decisions concerning
applications.
Section 6: APPEALS PRO-
CEDURE
The Town Board shall have
the authority to vary or waive
the application of any provision
of this Local Law, in its legisla-
tive discretion, npon its deter-
mination that such variance or
waiver is required to alleviate
the extraordinary hardship of
the imminent danger of collapse
or structural failure a residential
or commercial structure or
building. To grant such a
request the applicant must file
with the Town Board and the
Board of Trustees supporting
documentation, including a cer-
tified engineers report.
Any request for a variance or
waiver shall be filed with the
Town Clerk and the Board of
Trustees (for recommendation)
and shall include a fee of
$150.00 dollars for the process-
ing of the application. The
application and Board of
Trustee recommendation shall
be transmitted to the Town
Board which may conduct a
public hearing and make a final
decision on the application,,
with or without conditions.
Final approval is reserved to the
absolute legislative discretion
of the Town Board.
Section 7: SEVERABILITY
If any clause, sentence, para-
graph, section, or part of this
Local Law shall be adjudged by
See Legals next page~
from ~receding page
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 8: EFFECTIVE DATE
This Local Law shall take
effect immediately upon filing
with the Secretary of State as
provided by law.
BY ORDER OF THE
SOUTHOLD TOWN BOARD
OF THE TOWN OF
SOUTHOLD, DECMEBER 16,
2003.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
1X 1/1/04 (143)
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Lise Marinace, 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 ...... t/.....weekl~ . successively,
corrlm~hcing on the ....../. ......... day of
~A4~Ca.~..~. ~ . ..., 2004.
....
4 to befo~;e me this.../. .....day
[La..Y.~..., 2004. , of
Notary Public
Emily Hamill
NOTARY PUBLIC, State of New York
No. 01HAS059984
Qualified in Suffolk County
Commission expires May 06, 2006