HomeMy WebLinkAboutLL 2004 #25 ELIZABETH A. NEVILLE
TOWN CLERK
REGISTt~kR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS gLA. NAGEMENT 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. 889 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 14, 2004:
WHEREAS, there has been presented to the Town Board of the Town of Southold on the 16th
day of November, 2004, a Local Law entitled, ""A Local Law in relation to Amendments to
the Site Plan Approval Law", and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given the opportunity to be heard, now
therefore be it
RESOLVED that the Town Board of the Toxvn of Southold hereby enacts the following Local
Law:
LOCAL LAW NO. 25 - 2004
A Local Law entitled, "A Local Law in relation to Amendments to the Site Plan Approval
Law".
BE IT ENACTED by the Town Board of the Toxvn of Southold as follows:
I. Purpose - In order to increase efficiency in the processing of site plan applications, by
requiring increased coordination between the planning and building departments in the initial
reviexv stages of applications and the determination of compliance with zoning regulations, it is
necessary to implement certain procedural amendments to the review process. Furthermore, in
order to expedite the review of certain so-called "as built" and agricultural applications, where
the public safety and xvelfare do not require a protracted review, the Planning Board shall be
vested ~vith discretion to waive the public hearing requirement and technical submission
standards.
II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
ss 100-253. Approval of site plan required.
A
After the filing of an application for a building permit, the Building Inspector shall make a
determination as to whether a site plan or an amendment thereto is required, and this written
determination shall be forwarded to the Planning Department for comment. The Planning
Department must provide written comments on this determination to the Building Inspector
xvithin five business days, or be deemed to have xvaived the opportunity to comment. After
review of comments, or after the time period for comment has elapsed, the Building
Inspector shall issue a final determination to the applicant, which shall in no event be more
than 15 business days from the filing of the application. Such determination shall also
include a xvritten decision as to whether the proposed use is permitted and whether a special
exception is required from the Zoning Board of Appeals. No building permit shall be issued
for any structure or building for which use a site plan is required pursuant to this Chapter
100, until, if required, an approved site development plan or approved amendment of any
such plan has been secured by the applicant from the Planning Board and presented to the
Building Inspector, along with all necessary approvals and permits as may be required by
other public agencies. [Amended 5-15-1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No. 8-
2004]
ss 100-254. Review procedure.
A
Presubmission conference. Prior to the submission of a site development plan, the applicant
or his agent shall meet with the Planning Board or its representative. The purpose of such
conference shall be to discuss proposed uses or development plan elements that shall be
submitted to the Planning Board in order for said Board to determine conformity xvith the
provisions and intent of this Article. Said meeting shall take place ~vithin thirty (30) calendar
days from the date of written request therefor.
B
Site development plan. Nine (9) copies of the site development plan application and any
related information as defined during the presubmission conference shall be submitted to the
Planning Board within four (4) months of the presubmission conference. If a site
development plan application is not submitted within four (4) months folloxving a
presubmission conference, another conference may be required by the Planning Board.
(1) Within ten (10) business days of receipt of the application, the Planning Board shall
determine whether to accept, reject or request revision of the application.
(2)
If the Planning Board determines said application to be acceptable but in need of
revision, it shall notify the applicant, in writing, wherein said application is deficient
within thirty (30) calendar ~u:,~ncg: days.
C
(3)
Within the thirty (30) calendar day period from receipt of the application, the
followine shall also take place: the site plan reviewer (or other delegate of the
Planning Board) shall hold a ioint meeting with a representative of the Building
Department authorized to review building plans, for the purpose of making a joint
recomxnendation as to whether the site plan application complies with all applicable
zoning regulations or whether any variances are required from the Zoning Board of
Appeals~ that recommendation shall be forwarded to the Building Inspector, xvho
shall either endorse or revise that recommendation~ and in the event the Building
Inspector's zoning determination indicates that a variance is required, the site plan
reviewer (or other delegate of the Planning Board) shall so inform the applicant; and
in the event the applicant wishes to proceed with the application as submitted, the
Building Inspector shall issue a notice of disapproval at that time. This procedure
shall also apply to an,/amendments to the site plan application.
In the case of a variance or special exception application requiring site plan approval,
the site development plan application shall be subjected to preliminary review and
written comments by the Planning Board within sixty (60) days of such request by the
Board of Appeals.
(a) In no case may the Planning Board grant site plan approval prior to the
issuance of a special exception by the Zoning Board of Appeals, if such is
required.
(b) Before the Planning Board can approve any application for the amendment
of a use or structure for which a special exception was granted, the applicant must
obtain permission from the Zoning Board of Appeals to expand or otherwise alter
or change either the use or the structure.
The Planning Board may vary or waive parking requirements, provided that such
change will not have a detrimental effect on the public health, safety or general
xvelfare and will not have the effect of nullifying the intent and provision of the
Zoning Code.
(a) The Planning Board may allow or require landscaping to be installed in
place of specified parking spaces.
(b) On any site for which the Planning Board grants approval for less than the
required number of spaces for that use, the Planning Board shall have the right to
review the parking requirements again ifa change of use is proposed.
(6) Reviexv of a nexv site plan for a lot on which an approved site plan already exists
shall not proceed until the approved plan is withdraxvn by the applicant.
When the Planning Board determines said application to be acceptable, it shall, xvithin ten
(10) business days of such determination, distribute said application and documentation to
the town, county and state agencies having jurisdiction, for their comment. Such referral shall
include a referral to the Architectural Review Committee. The Architectural Review
Committee shall make a written recommendation to the Planning Board on the site plan
within ten (l 0) business days of receipt of the referral. If the Committee fails to make a
recommendation within this time period, the project shall proceed to the Planning Board for
consideration without Committee viexv. [Amended 5-15-1995 by L.L. No. 7-1995]
D Upon receipt and review ofxvritten conunents from each of the agencies to ~vhich the
proposed site plan xvas distributed, the Planning Board shall, within a reasonable period of
time, not to exceed thirty (30) days, determine whether to require revisions to the proposed
plan.
E No decision on the application shall be made until the State Environmental Quality Review
ActFN process is completed.
F After the Planning Board has determined that the proposed site plan is suitable for approval,
it shall:
(l) Forward the plan to the Building Inspector for final review and certification.
(2) Forward the plan to the Fire Commissioner of the fire district within which the site is
located for a determination as to whether a fire xveU is needed and, if so, its location.
(3) Notify the applicant, in writing, to make an application for the appropriate curb cut
permits.
(4) Submit the proposed site plan to the Suffolk County Planning Commission in
accordance with the provision of the Suffolk County Charter, if necessary.
G Upon receipt o f the Building Inspector's certification, the Fire Commissioner's response, the
curb cut permits and the comments of the Suffolk County Planning Commission, the
Planning Board shall place the site plan on the agenda of the next regularly scheduled public
meeting.
H
The Planning Board shall hold a public hearing to consider the application. Notice shall be
provided pursuant to Chapter 58. [Amended 12-27-1995 by L.L. No. 25-1995FN.]
Notxvithstanding this requirement, with respect to applications involving modifications to
existine structures with no substantial change to the existing footprint, where the Planning
Board determines that such modifications or any change in use will not require sienificant
changes to existing major site design features, as well as applications involving uses strictly
related to agriculture (but excepting retail winery operations'}, the Planning Board shall have
the discretion to waive the public hearing requirement and may act on such application by
filed resolution at a duly noticed public meeting.
Prior to the Planning Board's endorsement of the site plan, the applicant must sign a
statement placed on the site plan indicating his/her knowledge and acceptance of the
conditions of approval.
J Amendments to an existing site plan may be acted upon in the same manner as a new site
plan.
K A guaranty of performance may be required for all public improvements as part of the
conditions of approval. Such guaranty shall be based on a listing of required site
improvements in accordance with Chapter A 106 of this Code.
L Within ten (10) days of final approval, a copy of the endorsed site plan shall be sent to:
(1) The Building Department.
(2) The Town Engineer.
(3) The Town Trustees, when applicable.
(4) The Highway Department.
(5) The Zoning Board of Appeals, when applicable.
M The Planning Board shall have the right to deny the proposed site plan for lack of compliance
with the provisions of the Toxvn Code. The Planning Board shall notify the applicant, in
writing, xvithin ten (10) days of such determination, of the reasons for such denial.
§ 100-256. Application requirements; fees.
A
B
C
Submission of a complete site plan application shall consist off
(1) A completed site plan application form.
(2) The site plan reviexv fee, as specified in Subsection B below.
(3) A completed environmental assessment form.
(4) Nine copies of the site plan.
(5) Four copies of a property survey, certified by a licensed land surveyor.
Fees. [Amended 3-27-2001 by L.L. No. 7-2001]
(1) The application fee for a new site plan shall be $300 per acre or any fraction of an
acre thereof, plus $0.05 per square foot of building area.
(2) The application fee for a revised site plan shall be $300, plus $0.05 per square foot of
building ama.
Standards. Site plan design shall include the following items:
(1) Technical data:
a The lot, block and section number of the property, taken from the latest tax
records.
b The name and address of the landowner on record:
[1] The names and addresses of adjoining landowners.
[2] The name and address of the applicant, if not the same as the landowner.
c The name and address of the person, firm or organization preparing the map,
sealed xvith the applicable New York State license seal and signature.
d Date, graphic scale and North point, whether true or magnetic; if magnetic, show
the date of reading.
e A survey prepared by a licensed surveyor or civil engineer. The site plan may
reference a land surveyor's map or base reference map. All distances shall be in
feet and hundredths of a foot. All angles shall be given to the nearest ten (l 0)
seconds or closer. The error of closure shall not exceed one (1) in ten thousand
(10,000).
f The locations, names and xvidths of all rights-of-way xvithin five hundred (500)
feet of property lines. If none exist within five hundred (500) feet of the subject
property, indicate the distance to the nearest intersection with a public street.
g A separate key map shoxving location and owners of all adjoining lands within
five hundred (500) feet, as shown on the latest tax records, at a scale of one (1)
inch equals one hundred (100) feet.
h The location, width and purpose of all existing and proposed easements, setbacks,
reservations and areas dedicated to public use within or adjoining the property.
A complete outline of other existing easements, deed restrictions or covenants
applying to the property.
j Existing zoning, including zone lines and dimensions.
k Site plans drawn at the scale of one (1) inch equals twenty (20) feet. If all required
information cannot be shoxvn clearly on one (1) plan, the information should be
separated as follows:
[1] Alignment and schedule plan.
[2] Grading and drainage.
[3] Landscaping.
[4] Other, e.g., site utilities.
(2) Natural features:
a Existing contours with intervals of two (2) feet or less, referred to mean sea level
as per United States Geological Survey datum.
b Boundaries of any areas subject to flooding or stormwater overflows, tidal bays,
saltwater marshes, beaches and all freshwater bodies, including wetlands and
intermittent streams, perimeter boundaries of shoreline bluffs, dunes and beaches.
c The location of existing natural features, including but not limited to natural
drainage swales, watercourses, xvooded areas and wetlands, as defined by the New
York State Department of Environmental Conservation and the Board of Trustees
of Southold Toxvn, marshes, ponds, dunes, bluffs, beaches, kettleholes,
escarpments, wildlife habitats, flood hazard areas, erosion-prone areas and trees
of six (6) inches in diameter at a point three (3) feet above the trunk base.
d The location of any existing cultural and historical features within five hundred
(500) feet of the property boundaries.
(3) Existing building structures and utilities:
a The locations, dimensions and outlines of all buildings, as defined in § 100-13 of
this chapter, and all uses of the site.
b Paved areas, including parking areas, sidewalks and vehicular access between the
site and public streets.
c The locations, dimensions, grades and flow directions of any existing culverts,
~vaterlines or sewage disposal systems, as well as other underground and
aboveground utility poles and utility lines within and adjacent to the property.
d The location and use of all buildings and structures, including curb cuts, within
two hundred (200) feet of the boundary of the subject property.
(4) Proposed construction:
a The location of proposed buildings or structural improvements, indicating
setbacks from all property lines and horizontal distances from existing structures.
b The location and design of all uses not requiring structures, such as off-street
parking and loading areas and pedestrian circulation.
c The location, direction, power level and time of use for any proposed outdoor
lighting or public-address systems.
D
d The locating and plans for any outdoor signs must be in accordance with
applicable sign regulations.
e The location and details of aprons, curbs, sidewalks, fencing (type and location),
grading, including existing and proposed topography with two-foot contours [on
site and two hundred (200) feet beyond the property line] and spot elevations for
buildings and all structures, drainage calculations, details of drainage structures
and ~vatershed areas, where applicable.
f Grading and drainage plans shall be based upon site stormwater retention, in
conformance with Chapter Al08, Highxvay Specifications.
g The location and listing of landscaping, buffering and street tree plans, including
type, material, size, quantity and location.
h The location of water and sewer mains, electrical service, cablevision and
telephone installations, ground transformers, fire well and fire hydrants and/or any
alternate means of water supply and selvage disposal and treatment.
Building elevations for all facades and floor plans showing the proposed use of
floor area.
Notwithstanding the foregoing, the Planning Board shall have the discretion to waive any or
all of the requirements of this §100-256 by resolution at a duly noticed public meeting, for
those applications involvine modifications to existin~ structures with no substantial change
to the existing footprint, where the Planning Board determines that such modifications or any
change in use will not require significant changes to existing maior site design features, as
well as applications involving uses strictly related to a.m-iculture (but excepting retail winery
operations), if it determines such requirements are not necessary to protect and maintain the
public health, safety, or welfare and to further the obiectives set forth in § 100-252.
IlL 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 affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
STATE Of NEW YOrK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY, NY 1223 ~ -000 I
GEORGE F'. PATAKI
Janua~ 7,2005
Town of Southold
Office of the Town Clerk
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
RE: Town of Southold, Local Law 23.24, 25, & 26, 2004, filed on 11312005
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:cb
Local Law Filing
NEW YORK STATE DEPART[~IENT OF STATE
41 STATE STREET1 ALBANY, 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. 25 - 2004
A Local Law entitled, "A Local Law in relation to Amendments to the Site Plan Approval Law".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - In order to increase efficiency in the processing of site plan applications, by
requiring increased coordination between the planning and building departments in the initial review stages of
applications and the determination of compliance with zoning regulations, it is necessary to implement certain
procedural amendments to the review process. Furthermore, in order to expedite the review of certain so-called
"as built" and agricultural applications, where the public safety and welfare do not require a protracted review,
the Planning Board shall be vested with discretion to waive the public hearing requirement and technical
submission standards.
II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§ 100-253. Approval of site plan required.
A
After the filing of an application for a building permit, the Building Inspector shall make a determination as
to whether a site plan or an amendment thereto is required, and this written deternfination shall be for~varded
to the Planning Department for comment. The Planning Department must provide written comments on this
determination to the Building Inspector within five business days, or be deemed to have waived the
opportunity to comment. After review of comments, or after the time period for comment has elapsed, the
Building h~spector shall issue a final determination to the applicant, which shall in no event be more than 15
business days from the filing of the application. Such determination shall also include a written decision as
to whether the proposed use is permitted and whether a special exception is required from the Zoning Board
of Appeals. No building permit shall be issued for any structure or building for which use a site plan is
required pursuant to this Chapter 100, until, if required, an approved site development plan or approved
amendment of any such plan has been secured by the applicant from the Planning Board and presented to
the Building Inspector, along with all necessary approvals and permits as may be required by other public
agencies. [Amended 5-15-1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No. 8-2004]
§ 100-254. Review procedure.
A Presubmission conference. Prior to the submission of a site development plan, the applicant or his agent
shall meet with the Plamfing Board or its representative. The purpose of such conference shall be to discuss
B
proposed uses or development ~ elements that shall be submitted to lanning Board in order for said
Board to determine conformity with the provisions and intent of this Article. Said meeting shall take place
within thirty (30) calendar days from the date of written request therefor.
Site development plan. Nine (9) copies of the site development plan application and any related information
as defined during the presubmission conference shall be submitted to the Planning Board within four (4)
months of the presubmission conference. Ifa site development plan application is not submitted within four
(4) months folloxving a presubmission conference, another conference may be required by the Planning
Board.
(l) Within ten (10) business days of receipt of the application, the Planning Board shall determine
whether to accept, reject or request revision of the application.
(2)
If the Planning Board determines said application to be acceptable but in need of revision, it shall
notify the applicant, in writing, wherein said application is deficient within thirty (30) calendar days.
(3)
Within the thirty (30) calendar day period from receipt of the application, the following shall also
take place: the site plan reviewer (or other delegate of the Planning Board) shall hold a joint meeting
with a representative of the Building Department authorized to review building plans, for the
purpose of making a joint recommendation as to xvhether the site plan application complies with all
applicable zoning regulations or xvhether any variances are required from the Zoning Board of
Appeals; that recommendation shall be fo~rarded to the Building Inspector, who shall either endorse
or revise that recommendation; and in the event the Building Inspector's zoning detemfination
indicates that a variance is required, the site plan reviewer (or other delegate of the Planning Board)
shall so inform the applicant; and in the event the applicant wishes to proceed with the application as
submitted, the Building Inspector shall issue a notice of disapproval at that time. This procedure
shall also apply to any amendments to the site plan application.
In the case of a variance or special exception application requiring site plan approval, the site
development plan application shall be subjected to preliminary revie~v and written comments by the
Planning Board within sixty (60) days of such request by the Board of Appeals.
(a) In no case may the Planning Board grant site plan approval prior to the issuance of a
special exception by the Zoning Board of Appeals, if such is required.
(b)
Before the Planning Board can approve any application for the amendment of a use or
structure for which a special exception was granted, the applicant must obtain permission
from the Zoning Board of Appeals to expand or otherwise alter or change either the use
or the structure.
The Planning Board may vary or waive parking requirements, provided that such
change will not have a detrimental effect on the public health, safety or general
welfare and will not have the effect of nullifying the intent and provision of the
Zoning Code.
(a) The Planning Board may allow or require landscaping to be installed in
place of specified parking spaces.
(b) On any site for which the Planning Board grants approval for less than the
required number of spaces for that use, the Planning Board shall have the right to
review the parking requirements again if a change of use is proposed.
Review of a new site plan for a lot on which an approved site plan already exists
shall not proceed until the approved plan is withdrawn by the applicant.
2
C
When the Planning Board detemfines said application to be acceptable, it shall, within ten (10) business
days of such determination, distribute said application and documentation to the town, county and state
agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural
Review Committee. The Architectural Review Conunittee shall make a written recommendation to the
Planning Board on the site plan within ten (l 0) business days of receipt of the referral. If the Committee
fails to make a recommendation within this time period, the project shall proceed to the Planning Board for
consideration without Committee view. [Amended 5-15-1995 by L.L. No. 7-1995]
D Upon receipt and review of written comments from each of the agencies to which the proposed site plan was
distributed, the Planning Board shall, within a reasonable period of time, not to exceed thirty (30) days,
determine whether to require revisions to the proposed plan.
E No decision on the application shall be made until the State Environmental Quality Revie~v ActFN process
is completed.
F After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: (1) Forward the plan to the Building Inspector for final review and certification.
(2) For~vard the plan to the Fire Commissioner of the fire district within which the site is located for a
determination as to whether a fire well is needed and, if so, its location.
(3) Notify the applicant, in writing, to make an application for the appropriate curb cut permits.
(4) Submit the proposed site plan to the Suffolk County Planning Commission in accordance with the
provision of the Suffolk County Charter, if necessary.
G Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut
permits and the comments of the Suffolk County Planning Commission, the Planning Board shall place the
site plan on the agenda of the next regularly scheduled public meeting.
H The Planning Board shall hold a public hearing to consider the application. Notice shall be provided
pursuant to Chapter 58. [Amended 12-27-1995 by L.L. No. 25-1995FN.] Notwithstanding this requirement,
with respect to applications involving modifications to existing structures with no substantial change to the
existing footprint, where the Planning Board determines that such modifications or any change in use will
not require significant changes to existing major site design features, as well as applications involving uses
strictly related to agriculture (but excepting retail winery operations), the Planning Board shall have the
discretion to xvaive the public hearing requirement and may act on such application by filed resolution at a
duly noticed public meeting.
I Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement placed on the
site plan indicating his/her knowledge and acceptance of the conditions of approval.
J Amendments to an existing site plan may be acted upon in the same manner as a nexv site plan.
K
A guaranty of performance may be required for all public improvements as part of the conditions of
approval. Such guaranty shall be based on a listing of required site improvements in accordance with
Chapter A 106 of this Code.
L Within ten (10) days of final approval, a copy of the endorsed site plan shall be sent to:
(1) The Building Department.
(2) The Town Engineer.
(3) The Town Trustees, when applicable.
(4) The Highway Department.
(5) The Zoning Board of Appeals, when applicable.
3
M The Planning Board shall have the right to deny the proposed site plan for lack of compliance xvith the
provisions of the Town Code. The Planning Board shall notify the applicant, in writing, within ten (10) days
of such determination, of the reasons for such denial.
§ 100-256. Application requirements; fees.
A Submission of a complete site plan application shall consist off
(1) A completed site plan application form.
(2) The site plan review fee, as specified in Subsection B below.
(3) A completed environmental assessment form.
(4) Nine copies of the site plan.
(5) Four copies of a property survey, certified by a licensed land surveyor.
B Fees. [Amended 3-27-2001 by L.L. No. 7-2001]
(1) The application fee for a new site plan shall be $300 per acre or any fraction of an acre thereof, plus
$0.05 per square foot of building area.
(2) The application fee for a revised site plan shall be $300, plus $0.05 per square foot of building area.
C Standards. Site plan design shall include the following items:
(1) Technical data:
a The lot, block and section number of the property, taken from the latest tax records.
b The name and address of the landowner on record:
[1] The names and addresses of adjoining landowners.
[2] The name and address of the applicant, if not the same as the landowner.
c The name and address of the person, firm or organization preparing the map, sealed with the
applicable New York State license seal and signature.
d Date, graphic scale and North point, whether true or magnetic; if magnetic, show the date of
reading.
e A sur~,ey prepared by a licensed surveyor or civil engineer. The site plan may reference a land
surveyor's map or base reference map. All distances shall be in feet and hundredths of a foot. All
angles shall be given to the nearest ten (10) seconds or closer. The error of closure shall not
exceed one (l) in ten thousand (10,000).
f The locations, names and widths of all rights-of-way within five hundred (5001) feet of property
lines. If none exist within five hundred (500) feet of the subject property, indicate the distance to
the nearest intersection with a public street.
g A separate key map showing location and owners of all adjoining lands xvithin five hundred
(500) feet, as shown on the latest tax records, at a scale of one (1) inch equals one hundred (100)
feet.
h The location, width and purpose of all existing and proposed easements, setbacks, reservations
and areas dedicated to public use within or adjoining the property.
i A complete outline of other existing easements, deed restrictions or covenants applying to the
property.
j Existing zoning, including zone lines and dimensions.
k Site plans drawn at the scale of one (1) inch equals twenty (20) feet. If all required information
cannot be shown clearly on one (1) plan, the information should be separated as follows:
[1] Alignment and schedule plan.
[2] Grading and drainage.
[3] Landscaping.
[4] Other, e.g., site utilities.
(2) Natural features:
a Existing contours with intervals of two (2) feet or less, referred to mean sea level as per United
States Geological Survey datum.
4
b Boundaries of any' axe'as subject to flooding or stormwater ox~'flows, tidal bays, saltwater
marshes, beaches and all freshwater bodies, including wetlands and intermittent streams,
perimeter boundaries of shoreline bluffs, dunes and beaches.
c The location of existing natural features, including but not limited to natural drainage swales,
watercourses, wooded areas and wetlands, as defined by the New York State Department of
Environmental Conservation and the Board of Trustees of Southold Town, marshes, ponds,
dunes, bluffs, beaches, kettleholes, escarpments, xvildlife habitats, flood hazard areas, erosion-
prone areas and trees of six (6) inches in diameter at a point three (3) feet above the trunk base.
d The location of any existing cultural and historical features within five hundred (500) feet of the
property boundaries.
(3) Existing building structures and utilities:
a The locations, dimensions and outlines of all buildings, as defined in § 100-13 of this chapter,
and all uses of the site.
b Paved areas, including parking areas, sidewalks and vehicular access between the site and public
streets.
c The locations, dimensions, grades and flow directions of any existing culverts, waterlines or
sewage disposal systems, as well as other underground and aboveground utility poles and utility
lines xvithin and adjacent to the property.
d The location and use of all buildings and structures, including curb cuts, within two hundred
(200) feet of the boundary of the subject property.
(4) Proposed construction:
a The location of proposed buildings or structural improvements, indicating setbacks from all
property lines and horizontal distances from existing structures.
b The location and design of all uses not requiting structures, such as off-street parking and
loading areas and pedestrian circulation.
c The location, direction, power level and time of use for any proposed outdoor lighting or public-
address systems.
d The locating and plans for any outdoor signs must be in accordance xvith applicable sign
regulations.
e The location and details of aprons, curbs, sidewalks, fencing (type and location), grading,
including existing and proposed topography with two-foot contours [on site and two hundred
(200) feet beyond the property line] and spot elevations for buildings and all structures, drainage
calculations, details of drainage structures and xvatershed areas, where applicable.
f Grading and drainage plans shall be based upon site stormwater retention, in conformance xvith
Chapter Al08, Highxvay Specifications.
g The location and listing of landscaping, buffering and street tree plans, including type, mater/al,
size, quantity and location.
h The location of water and sewer mains, electrical setw'ice, cablevision and telephone installations,
ground transformers, fire well and fire hydrants and/or any altemate means of water supply and
sexvage disposal and treatment.
i Building elevations for all facades and floor plans shoxving the proposed use of floor area.
D Notwithstanding the foregoing, the Planning Board shall have the discretion to waive any or all of the
requirements of this § 100-256 by resolution at a duly noticed public meeting, for those applications
involving modifications to existing structures with no substantial change to the existing footprint, where the
Plmming Board determines that such modifications or any change in use will not require significant changes
to existing major site design features, as well as applications involving uses strictly related to agriculture
(but excepting retail xvinery operations), if it determines such requirements are not necessary to protect and
maintain the public health, safety, or welfare and to further the objectives set forth in §100-252.
5
IlL 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 affect the validity of this law as a xvhole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
(Final adoption by local legislative body only.)
hereby certify that the local law an hereto, designated as local law No. of 20 04 of the
...... j,, v..~ ,(Town), ..... ~,_) of SOUTHOLD was duly passed by the
TOgVN BOARD on December 14 ,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)(To~vn)(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 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 submitted
to the people by reason ofa (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.)
[ 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 ora 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 prox4sions of
7
section (36)(37) of the Municipal H Rule Lax,,', and having received the *
electors of such city voting thereon at the (special)(general) election held on
became operative.
vote of a majority of the qualified
20
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 [ 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-~the Co(~' legislat(v} b~dy.'~a-~ovm or Village Clerk
or officer designated by local legislattve body
Elizabeth A. Neville, Town Clerk
(Seal) Date:
December 20, 2004
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of Iocali~,.)
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 ann~~ //]Gl. ~--
Signature ' // ~'~ ( ~ ,
Patricia A. Finnegalh-E~. T-Ow~i Attorne,~
Title
Town of
SOUTHOLD
Date:
December 20, 2004
8
#7226
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Joan Ann Weber of Mattituck, in said county, being duly
sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
1 weeks, successively, commencing on the 25th day of
November ,2004.
Sworn to before me this
2004
~' ~- Principal Clerk
NOTARY PUBLIC-STATE OF NEW YORK
No. 01-VO6105050
Quallflecl In Suffolk County
~r'mrnission Expires February 28, 2008