HomeMy WebLinkAboutLL 2004 #06 ELIZABETH A. NEVILLE
TOWN CLERK
REGISTB. AR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 169 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON FEBRUARY 24, 2004:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 20th day of January 2004 a Local Law entitled "A Local Law in
relation to a new Chapter 97 'Wetlands and Shoreline' of the Code of the Town of
Southold" 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 xvere heard.
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local
Law:
LOCAL LAW NO. 6 2004
A Local Law entitled "A Local Law in relation to a new Chapter 97 'Wetlands and Shoreline' of
the Code of the Town of Southold"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
[Purpose- The Town of Southold possesses a rich heritage of scenic, historic and
natural resources which are vital to the town's sense of place and to its economic success as a
community.
The upland acreage of Southold Town, including Fishers Island, is approximately 34,369
thousand acres with approximately 163 linear miles of shoreline. This acreage is bounded to the
north by the nationally recognized estuary of Long Island Sound and to the south by the
nationally recognized Peconic Bay Estuary. Trustee jurisdiction under the Andros Patent
encompasses more than 2,000 acres of underwater lands, not including Sound and bayfront
oxvned by the State of New York. The local economy is based on two traditional industries and a
third, newer, but strong industry: farming, recreational and commercial fishing and
tourism/second homes. The economy is based squarely on a unique, extraordinarily beautiful
and productive environment that is both fragile and sensitive. Protection of that environment
therefore is of utmost importance to the Towns financial health and long-term future. Rapid
growth, the spread of development and increasing demands upon natural resources are
encroaching upon or eliminating many of the To~vn wetlands and patent lands, xvhich, if
preserved and maintained in an undisturbed and natural condition, constitute important physical,
social, aesthetic, recreational and economic assets to existing and future residents of the Town of
Southold.
The comprehensive planning objectives of the Toxvn of Southold are: 1) the preservation
of Natural Resources; 2) preservation of Open Space and Recreational Space; 3) preservation of
the Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas;
and 4) the preservation of farmland and agriculture. In August 2002 the Town of Southold
adopted a moratorium on the reviexv and granting of major and minor subdivisions and approvals
for multidwelling development. The purpose section of that moratorium stated in part that "The
Town Board finds that increased growth and development within the Toxvn of Southold are
placing severe pressure on water supply, agricultural lands, open and recreational space, the rural
character of the community and natural resources located within the Town."
One of the primary tools implemented by the Town to protect its natural resources is
Chapter 97 (entitled "Wetlands") of the Southold Town Code. The existing laxvs and procedures
set forth in Chapter 97 should have the practical effect of ensuring that new development and
redevelopment are in accordance with the Town's comprehensive plaiming objectives.
Unfortunately the practical reality is that the laws set forth in Chapter 97 did not have the effect
of protecting wetlands and wetland boundaries.
Two critical studies and analysis which include the Town's wetlands, wetland boundaries
and natural resources are 1) the Town's Local Waterfront Revitalization Program (LWRP) and
2) the Peconic Estuary Comprehensive Management Plan.
After years of study, fact gathering and xvriting, the LWRP for the Town of Southold and
the Comprehensive Peconic Estuary Management Plan have been adopted. The LWRP is a
comprehensive plan for the entire Town. As waterfront land has, in certain instances, been
inappropriately developed, Town waters and habitats have been negatively impacted. One
example of this is the closure of shell fishing areas such as Mattituck Creek and James Creek due
to an increase of coliform bacteria from septic systems and stormwater runoff, to name just two
sources.
There has been a significant increase in the applications for and the numbers of fixed and
floating piers and docks accessory to upland residential and other uses. Most of these structures
and the uses they support are on and in publicly owned land and waters and always have some
effect on physical, biological, ecosystem functions and values, development patterns and the
aesthetic character of the area. Therefore it is essential to regulate the type and placement of
such structures.
The Board of Trustees and the Town have used the moratorium time during the year 2003
and early 2004 to evaluate the current status of the wetlands areas and regulations in order to
minimize damage fi.om 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 xvater, 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 fi.om saltwater
intrusion or inappropriate land uses and misuse or mismanagement.. The Town and the Board
of Trustees have considered and implemented the LWRP and the best land use techniques for
protecting its waterfront resources.
The Town Board declares that it is necessary to regulate the type and placement of fixed and
floating piers and docks for the protection, preservation, proper maintenance and use of its
waters and wetlands. Docks shall be regulated in order to maintain and contribute to the
follmving resource area values and the attributes and functions they possess: erosion and
sedimentation control; storm damage prevention; xvater pollution control; fisheries; shellfish,
including spawner sanctuaries; wildlife habitat; agriculture; aesthetics; and recreation. In
addition, the following resource area values also shall be maintained and protected including:
protection and enhancement of existing vegetation cover in order to maintain ~vater quality and
wildlife habitat; protection of wildlife, waterfowl, and plant habitat and the maintenance of
existing populations and species diversity; prevention of loss or degradation of critical wildlife
and plant habitat; navigation; public access to water and land; and the minimization of the impact
of new development, reconstruction and/or expansion on the resource area values listed above.
This moratorium addressed the fact that new growth in the form of new structures on
existing waterfront lots and underxvater lands poses a similar potential to impair the Toxvn's
unique environment, geology and hydrology. Many of the Toxvn's existing waterfront lots,
whether they be vacant or developed, residentially or commercially zoned, do not conforu~ to
current zoning in that they are smaller than the minimum required acreage. Therefore, the
development and redevelopment of these lots is of utmost concern because these activities have
the potential to cause further harm to the coastal environment. This moratorium has enabled the
Town and the Trustees to focus on crafting and implementing a strategy and a working code to
ensure that the comprehensive planning objectives of the Town are met. This is 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.
II. Chapter 97 of the Code of the Town of Southold is hereby amended as follows:
The existing Chapter 97 is stricken in its entirety and replaced with the following:
Chapter 97, WETLANDS AND SHORELINE
GENERAL REFERENCES
Boats, docks and wharves -- See Ch.32.
Environmental quality review -- See Ch.44.
Flood drainage prevention - See Ch.46.
Shellfish -- See Ch.77.
Soil removal -- See Ch.81.
Zoning -- See Ch. 100.
Subdivision of land -- See Ch. Al06.
Coastal erosion -- See Ch. 37.
ARTICLE I, General Provisions
{} 97-10. Title.
This chapter shall be known and may be cited as the "Wetlands Law of the Town of Southold."
§ 97-11. Definitions..
For the purpose of this chapter, the folloxving terms, phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the context, words in the present
tense include the future; words used in the plural number include the singular number; and words
used in the singular number include the plural number. The word "shall" is always mandatory
and not directory.
ACCESSORY STRUCTURE - A building or structure detached from a principal building
located on the same lot as and customarily incidental and subordinate to the principal building.
AESTHETICS - The natural intrinsic appearance of a site or object in the context of surrounding
land use, views, viewsheds and vistas important to the community.
ADMINISTRATIVE PERMIT A permit intended to provide an expedited review for projects
that are deemed consistent with the Trustee's policy regarding protection of wetland resources.
AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of
all plants and animals useful to man, including but not limited to forages and sod crops; grains
and seed crops; dairy animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids
thereof, including the breeding and grazing of any or all of such animals; bees and apiary
products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral,
ornamental and greenhouse products; or lands devoted to a soil conservation or forestry
management program.
APPLICANT - The party applying for permits or other approval pursuant to Chapter 97.
APPLICATION - The completed form or forms and all accompanying documents, exhibits, and
fees required of an applicant pursuant to Chapter 97.
AQUACULTURE - The raising or cultivation of nursery spawn shellfish in artificial
containment systems in, on or off bottom.
AS-BUILT PLANS - Plans prepared to scale by a licensed smxreyor detailing any and all
operations conducted according to a valid permit.
BAY - Cutchogue Harbor, Girds Bay, Great Peconic Bay, Hallocks Bay, Hog Neck Bay, Little
Peconic Bay, Long Beach Bay, Orient Harbor and Southold Bay.
BEACH - The zone of unconsolidated earth that extends landward from the mean low water line
to the seaward toe of a dune or bluff, or whichever is most seaward. Where no dune or bluff
exists landward ora beach the landward limit ora beach is 100 feet landward from the place
where there is a marked change in material or physiographic form from the line of permanent
vegetation, whichever is most seaward. Shorelands subject to seasonal or fi-equent overwash or
inundation are considered to be beaches.
BLUFF - Any bank or cliffwith a precipitous or steeply sloped face adjoining a beach or a body
of water. The waterward limit ofa bluffis the landward limit of its waterward natural protective
feature. Where no beach is present, the waterward limit ora bluff is mean low xvater. The
landward limit is twenty-five (25) feet landward of the receding edge or, in those cases where
there is no discernible line of active erosion, twenty-five (25) feet landward of the point of
inflection on the top of the bluff. The "point of inflection" is that point along the top of the bluff
where the trend of the land slope changes to begin its descent to the shoreline.
BLUFF LINE - The landward limit ofa bluffthat is twenty-five (25) feet landward of the
receding edge or, in those cases where there is no discernible line of active erosion, twenty-five
(25) feet landward of the point of inflection on the top of the bluff. The "point of inflection" is
that point along the top of the bluff where the trend of the land slope changes to begin its descent
to the shoreline.
BOAT/VESSEL - Any floating object capable of carrying people as a means of transportation in
water, including an airplane capable of landing on water as well as any floating structure not
otherwise considered to be part of a dock structure as defined herein, with or without means of
propulsion that can be moored independently or can be secured by any means to a piling, dock,
bulkhead, groin, or other fixed device located above or below mean high water. This definition
excludes floating docks.
BOARD - Unless other~vise indicated, the Board of Trustees of the Town of Southold.
BUFFER AREA - A defined area landward of a wetland boundary, coastal erosion hazard line
or bluff line measured as a linear distance, perpendicular to said boundary.
BULKHEAD - A structure or barrier the intended use for which is to separate and act as a
barrier between earthen material and water. This definition excludes gabions and revetments.
CATWALK - An elevated walkway, usually built to gain access to a commercial or residential
dock, built at a fixed height above grade and which is constructed landward of the high water
mark.
CLEARING - Cutting down, felling, thinning, logging or removing, killing, destroying,
poisoning, ringbarking, uprooting or buming vegetation, severing, topping or lopping branches
limbs stems or trunks or substantially damaging or injuring in other ways that would cause or
contribute to the death or affect the survivability and growth of vegetation. This definition also
includes removal of dead and dying vegetation.
CLERK - Unless otherwise indicated, the Clerk of the Board of Trnstees.
COASTAL EROSION HAZARD LINE - The landward boundary of the Coastal Erosion Hazard
Area defined by Article 34 of the New York State Environmental Conservation La~v.
COMMERCIAL AGRICULTURE - Agriculture (See above) intended to earn an income.
COMMERCIAL DOCK - Any catwalk, fixed or floating dock or extension of such, designed,
used and/or intended for use other than as a residential dock, as defined in this chapter.
CONSERVATION - Protection in natural or existing condition.
CREEKS - Broadwaters Cove, Brushes Creek, Budd's Pond, Cedar Beach Creek, Corey Creek,
Dam Pond, Deep Hole Creek, Down's Creek, East Creek, East Harbor, Goose Creek, Goldsmiths
Inlet, Gull Pond, Hallock's Bay, Halls Creek, Hashamomuck Creek, Haywaters Cove, James
Creek, Jockey Creek, Little Creek, Long Beach Bay, Mattituck Creek, Mattituck Inlet, Mud
Creek, Paradise Point Creek, Pipes Neck Creek, Richmond Creek, Town Creek, West Creek,
West Harbor, West Lake, Wickham Creek, Wunnewata Lagoon and Wmmewata Pond.
CRITICAL ENVIRONMENTAL AREAS - All sites previously nominated by the Town of
Southold and designated by the New York Sate Department of state as Critical Environmental
Areas worthy of protection including: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond,
Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar
Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little
Creek, Mill Creek and Pipes Cove Creek.
DECK - A structure and/or platform without a roof that is either freestanding or attached to a
building supported by pillars and/or posts constructed of various materials.
DECKING - Horizontal structural components of a dock, deck, pier or other shoreline structure
intended to be walked upon.
DOCK - Any permanent or seasonal structure, except a building, located or proposed to be
located on lands abutting or comprised of freshwater or tidal wetlands or connected to a
bulkhead or the upland and extending over the water's surface, designed to secure vessels and
provide access from the shore to a body of water. For the purpose of this chapter, this term shall
also include the associated structures necessary to cross wetlands and adjacent natural areas. The
term "dock" includes the terms "xvharves," "piers," "fixed docks," "floating docks," "floats" or
"catwalks".
DOCK LENGTH - The length of a dock, including all fixed docks, ramps, floating docks and
mooring piles, as measured from the most landward portion of the structure to the seaward-most
portion of the dock or the seaward-most mooring pile, whichever distance is greater.
DUNE - A ridge or hill of loose, windblown or artificially placed earth, the principal component
of which is sand.
EROSION CONTROL - Actions taken or structures installed to prevent the xveafing away of the
land or loss of soil by the action of water, ice or wind. Erosion control typically relates to
stabilization of unvegetated soils resulting from excavation, grading, stockpiling, construction or
other activities.
FIXED DOCK - An elevated walkway which is constructed at a fixed height above grade and
which extends seaward from the high water mark or a point landward.
FLOATING DOCK - Any structure, raft or floating platform which is designed to float upon the
surface ora waterbody and is secured in place by poles, pilings, anchors, or any other type of
mooring system that provides access to the water. A floating dock includes the float itself and
any pilings or mooring system designed to keep the dock at a fixed point.
FUNCTIONAL BULKHEAD - A bulkhead that is at least 75 % physically intact and serving
the purposes it was designed for.
FUNCTIONAL JETTY/GROIN - A jetty or groin that is at least 75 % physically intact and
serving the purposes it was designed for.
GABION - A shoreline structure consisting of stone and/or rock enclosed in a mesh cage or
similar designed to stabilize soil or sediments.
GROIN - A manmade barrier perpendicular to the shoreline used to change the natural littoral
drifl, prevent erosion, maintain inlet entrances, or protect an area from wave energy. See Jetty
HABITAT - The place where a plant or animal species naturally lives and grows; or
characteristics of the soil, water, and biologic community (other plants and animals) that make
this possible.
HABITAT FRAGMENTATION - Destruction or impairment of habitat such that it results in
breaks in areas of contiguous habitat. Habitat fragmentation can also cause a greater distance
between adjacent (non-contiguous) habitats. These actions prevent the transfer of organisms,
natural materials and energy within a habitat. Habitat fragmentation can result from the
placement of physical barriers within a contiguous habitat or between adjacent habitats, but can
also occur as a result of removal of vegetative cover, changes in sediment characteristics and/or
changes in hydrology.
HARVESTING - The gathering or collecting of natural resources and organisms.
HORTICULTURE - The raising of plants (See Agriculture).
IMMEDIATE PROJECT AREA - The minimum area required to allow access to the site by the
machinery conducting the operation.
JETTY - A manmade barrier perpendicular to the shoreline used to change the natural littoral
drift, prevent erosion, maintain inlet entrances, or protect an area fi'om wave energy. See Groin.
IMPERVIOUS SURFACE - Any hard surfaced, manmade area that does not retain or absorb
water including but not limited to building roofs, paved parking lots and driveways, sidewalks
and other paved areas.
LANDWARD - In the opposite direction from the water or wetland.
LOW-PROFILE JETTIES - The definition of a low profile jetty is site specific, but typically is a
structure no higher than 18-24" above existing soil or sediment grade.
LOW-SILL BULKHEAD - A sub tidal structure designed to stabilize the toe of a slope or shore
and often associated with boat basins or other navigable waterways.
MANMADE POND - A constructed inland body of water including, but not limited to lined and
un-lined irrigation ponds and ornamental ponds.
MAINTENANCE DREDGING - A dredging project will be considered maintenance dredging if
there is documentary evidence that it has been previously dredged.
MARINA - Any dock, pier or other facility operated for profit, or to which public patronage is
invited, providing moorings, dockage or other marine services primarily for power and sailing
yachts, launches or other watercraft, other than floating homes, and which may also be capable
of removing any and all watercraft moored or docked within the marina from the water for repair
and/or storage.
MATERIAL - Soil, sand, stone, gravel, clay, bog, peat, mud or any other material, organic or
inorganic.
MEAN HIGH WATER (MHW) - The average of all the water heights observed over the most
previous 19 year period.
MEAN LOW WATER (MLW) - The average of all the low heights observed over the most
previous 19 year period.
MONOPOLIZE - The use for an unreasonable period of time to the exclusion of others or to
unreasonably restrict or obstruct the use of any public bulkhead, dock or landing owned or
controlled by the Town of Southold.
MOORING - Anchoring for greater than 24 hours.
NON DISTURBANCE BUFFER - An area, typically fifty (50) wide, immediately landxvard of
the wetland boundary, shoreline structure, or other line designated by the Trustees xvhere no
operations, maintenance or other activities can take place.
NON TURF BUFFER - Any pervious, material allowing for percolation of surface runoff into
the soil, Examples include: natural vegetation, wood chips, mulch, gravel, and sand. Decks may
be allowed if they are level or pitched away from the water, are pervious to precipitation and are
constructed of materials other than treated lumber. Any and all runoff generated by such
structures must be allowed to percolate into the ground directly below the structure. Fertilizers
may not be used within the non turf buffer area.
OPERATIONS -
A. The removal of material from wetlands or otherxvise within Trustee jurisdiction.
B. The deposit of material on xvetlands or otherwise within Trustee jurisdiction.
C. The erection, construction, alteration or enlargement of any building, dock, pier, wharf,
bulkhead, jetty, groin or other structure, temporary or permanent, on wetlands, or
otherwise within the Trustees jurisdiction.
D. Removing or other~vise affecting the growth of plants in wetlands or otherwise within
Trustee jurisdiction.
ORDINARY AND USUAL MAINTENANCE - Actions which are required to preserve in a
condition or state of equivalent quality to that which was approved or required by permit.
ORIGINAL STRUCTURE - The earliest known, permitted or otherwise documented structure.
PATENT LANDS - All uplands and underwater lands owned in fee title by the Trustees by
virtue of the Andros Patent (October 31, 1676).
PEAK LUNAR TIDES - Those excessively high tides or spring tides caused by lunar
gravitational phenomena.
PERSON- Any individual, any combination of individuals, firm, partnership, association,
society, corporation, joint-stock company, company, organization or other legal entity of any
kind, including municipal corporations or governmental agencies or subdivisions thereof.
PIER - A fixed structure to secure vessels, unloading or loading persons or property or providing
access to the water. See Wharf.
PIER LiNE - The average seaward projection of one or more existing permitted docks, piers,
wharves or floats. The average seaward projection is calculated by adding the length of all docks
within the immediate area and dividing by the number of said docks.
PLATFORM - See Deck.
POND - An inland body of water.
PRE-EXISTING NON-PERMITTED AND/OR NON-CONFORMING STRUCTURES - A
structure, use or lot that is not otherwise permitted but which is allowed to continue solely
because it was lawfully existing prior to the effective date of the original law or ordinance or
prior to any subsequent amendment, as the case may be. Any determination of lawful existence
must at least include a review of prior land use laws and ordinances.
PROACTIVE RESTORATION - Restoration undertaken solely for the benefit of the natural
environment and not associated with compensatory mitigation or other regulatory requirements.
Proactive restoration typically includes planting of beneficial native vegetation (i.e. vegetative
enhancement) in a natural setting at a time, place and in a position that are conducive to future
survival and growth.
RESIDENTIAL - Associated with a single or multiple family home, apartment or condominium,
excluding marinas and public property.
RESIDENTIAL DOCK - Any catwalk, fixed dock and/or floating dock designed or constructed
as a continuous unit to provide access to the surface waters from a lot that is zoned for residential
use. The term dock shall include all associated structures such as ramps and mooring piles.
RESIDENTIAL HORTICULTURE - The raising of plants for ornamental purposes on
residential lots.
RESOURCE BUFFER AREA - A buffer area with specific quantifiable natural resource value.
RETAINING WALL - A bulkhead landward of the wetland boundary.
REVETMENT - A shoreline hardening structure landward of the wetland boundary typically
constructed of rock or stone. See Gabion.
RIPRAP - A layer, facing or protective mound of rubble or stones randomly placed to prevent
erosion, scour, or sloughing of a structure or embankment; also the stone used for this purpose.
SETBACK - The minimum distance by which any building, structure or operations must be
separated from a wetland boundary, coastal erosion hazard line or bluff line.
SHEATHING - Vertical structural components of a bulkhead or retaining wall necessary to keep
soil and sediment from passing through the structure.
SHORELINE STRUCTURE - Any intentionally constructed structure on the shore composed of
manmade or natural materials. See Structure.
SILT BOOM - A structure deployed within the water column that is designed to prevent passage
of suspended sediments and contaminants from spreading from the immediate project area to
surrounding waters. Properly installed, silt booms completely surrounds the project area.
SOUND - Long Island Sound, Fishers Island Sound and Block Island Sound
SPAWNER SANCTUARY - An area of bottom designated by the Trustees for the purpose of
protecting and enhancing shellfish populations for a specific period of time.
SPLIT-RAIL FENCE - A linear fence structure composed of posts and rails.
STRUCTURAL COMPONENTS - Pilings, deadmen, rails, whalers and other significant
components used to hold together and anchor docks, piers, xvharves, jetties, groins and other
shoreline structures.
STRUCTURE - Any object constructed, installed or placed in, on or under land or water,
including but not limited to a building; permanent shed; deck; in-ground and aboveground pool;
garage; mobile home; road; public service distribution, transmission or collection system; tank;
dock; pier; wharf; groin; jetty; seawall; bulkhead; breakwater; revetment; artificial beach
nourishment; or any addition to or alteration of the same.
SUBTIDAL - Existing at or below mean low water.
TIDAL WATERS - All waters bordering on or within the boundaries of the Toxvn of Southold
subject to fluctuation in depth fi.om peak ltmar, storm or normal tidal action, and including but
not limited to all brackish and salt waters of streams, ponds, creeks, estuaries, sounds, bays and
inlets.
TOWN - The Town of Southold.
TOWN WATERS - All the waters lying over Patent Lands (See definition).
TROPICAL HARDWOOD - Any of a number of species of hardwood harvested fi.om areas
situated in the tropics (the region on either side of the equator).
TRUSTEES - The Board of Trustees of the Town of Southold.
VEGETATED WETLANDS - Any and all wetland types supporting or capable of supporting
emergent, submerged or floating-leaved vegetation as described in Chapter § 97-11.
"WETLANDS (FRESHWATER)" and "WETLANDS (TIDAL)."
WHARF - See Pier.
WATER-DEPENDENT USES - An activity which can only be conducted on, in, over or
adjacent to a water body because such activity requires direct access to that water body, and
which involves, as an integral part of such activity, the use of the xvater. The uses include, but
are not limited to commemial and recreational fishing and boating facilities, finfish and shellfish
processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock
facilities, shipyards and boat building facilities, navigation aides, basins and channels, industrial
uses dependent upon water-borne transportation or requiring large volumes of cooling or
processing water and xvhich cannot reasonably be located or operated at an inland site, and uses
which primarily provide general public access to marine or tidal waters.
WETLAND BOUNDARY OR BOUNDARIES OF WETLAND - Wetland ecosystems
generally posses three essential characteristics: (1) hydrophytic vegetation, (2) hydric soils, and
(3) wetland hydrology. The wetland indicator status of all plants can be found in Ihe National
List of Plants that Occur in Wetlands (USFWS). The xvetland boundary is most easily
determined by defining the outer limit of the vegetation specified in the definition of freshwater,
brackish or tidal wetlands. The wetland boundary is to be defined and flagged at the point where
existing wetland indicator species no longer have a competitive advantage over upland species.
Wetland and upland plants will mix together at this transition zone. For freshwater wetlands that
frequently lack standing water (shrub swamps, deciduous swamps, coniferous swamps and wet
meadows) vegetation alone may not be adequately diagnostic for identification of a wetland
boundary. In these wetland types, field verification of wetland hydrology and/or hydric soils
might be required to define the boundary. The methodology used to determine this boundary
shall be the same methodology utilized in the Nexv York State Department of Environmental
Conservation (NYSDEC) Technical Methods Statement relating to the Freshxvater Wetlands Act.
WETLANDS (FRESHWATER) -
A. "Freshwater xvetlands" as defined in Article 24, Title 1, § 24-0107, Subdivisions l(a) to
l(d) inclusive, of the Environmental Conservation Law of the State of New York; or
B. All lands and waters in the town which contain any or all of the following:
(1) Lands and submerged lands commonly called "marshes," "sxvamps," "sloughs,"
"bogs" and "flats" supporting aquatic or semi-aquatic vegetation of the following types:
(a) Wetland trees which depend upon seasonal or permanent flooding or
sufficiently water-logged soils to give them a competitive advantage over other
trees, including, among others, red maple (Acer rubrum), willows (Salixspp.),
black spruce (Picea mariana); swamp white oak (Quercus bicolor), red ash
(Frctrinum pennsylvanica), black ash (Fraxinus nigra), silver maple (Acer
saccharinum), American elm ( Ulmus americana) and larch ( Larix laricina );
(b) Wetland shrubs which depend upon seasonal or permanent flooding or
sufficiently water-logged soils to give them a competitive advantage over other
shrubs, including, among others, alder (Alnus spp.), buttonbush (Cephalanthus
occidentalis), common winterberry (Ilex verticillate) leatherleaf (Chamaedaphne
calyculata), and swamp azalea (Rhododendron viscosum );
(c) Emergent vegetation, including, among others, cattails (Typha spp.),
pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum
(Peltandra virginica), arrowheads (Sagittaria spp.), common reed (Phragmites
australis), wildrice (Zizania aquatica), bur-reeds (Sparganium spp.), purple
loosestrife (Lythrum salicaria), swamp loosestrife (Decodon verticillatus) and
water plantain (Alisma plantago-aquatica);
(d) Rooted, floating-leaved vegetation, including, among others, water-lily
(Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar
spp.);
(e) Free-floating vegetation, including, among others, duckweed (Lemna
spp.), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.);
(f) Wet meadow vegetation which depends upon seasonal or permanent
flooding or sufficiently water-logged soils to give it a competitive advantage over
other open land vegetation, including, among others, sedges (Carex spp.), rushes
(Juncus spp.), cattails (Typha spp.), rice cut-grass (Leersia oryzoides), reed canary
grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus) and
spikerush (Eleocharis spp.);
(g) Bog mat vegetation, including, among others, sphagnum mosses
(Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherleaf
( Charnaedaphne calyculata), pitcher plant (Sarracenis purpurea) and cranberries
( Vacciniurn rnacrocarpon and V. oxycoccos); or
(h) Submergent vegetation, including, among others, pondweeds
(Potarnogeton spp.), naiads (Najas spp.) bladderworts (Utricularia spp.), wild
celery ( Vallisneria americana), coontail ( Ceratophyllurn dernersum ), water
milfoils (Myriophyllum spp.) muskgrass ( Chara spp.), stonewort (Nitella spp.),
water weeds (Elodea spp.) and water smartweed (Polygonum amphibium).
(2) Lands and submerged lands containing remnants of any vegetation that is not
aquatic or semiaquatic that has died because of wet conditions over a sufficiently long
period, provided that such wet conditions do not exceed a maximum seasonal water depth
of six feet and provided further that such conditions can be expected to persist
indefinitely, barring human intervention.
(3) Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as
set forth in Subsection B(I) or be dead vegetation as set forth in Subsection B(2), the
regulation of which is necessary to protect and preserve the aquatic and semiaquatic
vegetation.
(4) The xvaters overlying the areas set forth in Subsection B(I) and (2) and the lands
underlying Subsection B(3).
WETLANDS (TIDAL) -
A. All lands generally covered or intermittently covered with, or which border on, tidal
waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to
a maximum depth of five feet, including but not limited to banks, bogs, salt marsh, swamps,
meadows, flats or other low lying lands subject to tidal action;
B. All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which
grows or may grow some or any of the folloxving: smooth cordgrass (Spartina aherniflora), salt
hay grass (Spartina patens), black grass (Juncus gerardii), saltworts (Salicornia spp.), sea
lavender (Limoneum spp.), marsh elder (Iva frutescens), groundsel (Baccharis halirnfolia),
marshmallow (Hibiscus spp.)
WIDTH OF CREEK - The distance across a creek from mean low water to mean low water,
perpendicular to the main channel directly in front of the subject parcel.
WALER - Structural member of a bulkhead used to hold the sheathing behind the pilings.
Normally there are top and bottom walers.
WHARF - See Pier.
§ 97-12. Declaration of Policy, Jurisdiction and Setbacks.
A. Findings: The Town Board of the Town of Southold finds that rapid growth, the spread of
development and increasing demands upon natural resources are encroaching upon or
eliminating many of its wetlands and patent lands, which, if preserved and maintained in an
undisturbed and natural condition, constitute important physical, social, aesthetic, recreational
and economic assets to existing and future residents of the Town of Southold. In addition, there
has been a significant increase in the applications for and the numbers of fixed and floating piers
and docks accessory to upland residential and other uses. Most of these structures and the uses
they support are on and in publicly owned land and waters and always have some effect on
physical, biological, ecosystem functions and values, development patterns and the aesthetic
character of the area. Therefore it is essential to regulate the type and placement of such
structures.
B. Purpose: It is the intention of this chapter to ensure for the citizens of the Tmvn of Southold
the protection, preservation, proper maintenance and use of its wetlands giving due consideration
to the reasonable economic and social development of the Town. In addition, the Town Board
declares that it is the intention oft[tis chapter to regulate the type and placement of fixed and
floating piers and docks for the protection, preservation, proper maintenance and use of its
waters and wetlands. Therefore, the Town Board declares that the regulation of the wetlands of
the Town of Southold is essential to the health, safety and welfare of the people of the Town of
Southold. The wetlands shall be regulated in order to maintain and contribute to the following
resource area values and the attributes and functions they possess: protection of public and
private water supply; groundwater; flood control; erosion and sedimentation control; storm
damage prevention; water pollution control; fisheries; shellfish, including spaxvner sanctuaries;
wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation. In addition,
the following resource area values shall be maintained and protected: prevention of flood
damage by limiting of development in flood hazard areas; prevention of damage to structures and
natural resources as a result of erosion; improvement of water quality; protection and
enhancement of existing vegetation cover in order to maintain water quality and xvildlife habitat;
protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations
and species diversity; prevention of loss or degradation of critical wildlife and plant habitat;
prevention of new stormwater runoff discharge and the improvement of existing stormwater
runoff discharges; protection of coastal ecosystems which support the continued viability of
harvestable shellfish and finfish habitat; public access to water and land; improvement of
groundwater recharge; and the minimization of the impact of new development, restoration
and/or expansion on the resource area values listed above.
C. Jurisdiction: The following areas are subject to protection under Chapter 97 of the Code of
Southold.
(1) Any freshwater wetland, tidal wetland, beach, dune, flat, marsh, sxvamp, wet
meadow, bog, or vernal pool;
(2) Any creek, estuary, stream, pond, or lake;
(3) Land under water;
(4) Land subject to tidal action;
(5) Land within 100 feet of the areas listed above.
D. Setbacks: The following minimum setbacks apply to any and all operations proposed on
residential property within the jurisdiction of the Board o f Trustees:
(1) Wetland Boundary
(a) Residence - one hundred (100) feet;
(2)
(b)
(c)
(d)
(e)
(0
Driveway - fifty (50) feet;
Sanitary leaching pool (cesspool) - one hundred (100) feet;
Septic tank - seventy five (75) feet;
Swimming Pool and related structures - fifty (50) feet;
Landscaping or gardening - fifty (50) feet;
Bluff Line
(a) Residence - one hundred (100) feet;
(b) Driveway- one hundred (100) feet;
(c) Sanitary leaching pool (cesspool) - one hundred (100) feet;
(d) Swimming Pool and related structures - one hundred (100) feet;
The Board of Trustees reserves the right to xvaive or alter these setbacks xvhere site-specific
and/or environmental conditions justify such action.
§ 97-13. Exceptions.
A. The provisions of this chapter shall not affect or prohibit nor require a permit for the
following:
(1) The ordinary and usual operations incidental to the harvesting of fish and
shellfish.
(2) The ordinary and usual operations relative to conservation of soil, vegetation, fish
and wildlife landward of the wetland boundary.
(3) The ordinary and usual operations relative to pre-existing commemial agriculture
and horticulture landward of the wetland boundary.
(4) The ordinary and usual operations relative to residential horticulture landward of
the wetland boundary.
(5) The ordinary and usual maintenance or repair (of the same dimensions) of a
presently permitted, existing building, dock, pier, wharf, jetty, groin, dike, dam or other
water control device or structure.
(6) Environmental testing activities, including test borings, small volume soil
sampling, environmental assessment and inventory activities provided such operations do
not have an undue adverse impact on the wetlands and tidal waters of the town.
(7) The ordinary and usual maintenance or repair of a man-made pond as defined in
(§ 97-11).
(8) Proactive restoration or enhancement projects conducted in cooperation xvith the
Trustees including, but not limited to, salt marsh restoration, eelgrass plantings or other
vegetative enhancement work.
B. Nothing contained in this section shall alter the jurisdiction of the Southold Town, Board
of Trustees.
ARTICLE II, Permits
§ 97-20. Permit procedures.
A. Permit required. Notwithstanding any prior course of conduct or permission granted, no
person shall conduct operations on any area within Trustee Jurisdiction (§ 97-12 C) without first
obtaining a written permit therefor issued by the Trustees as hereinafter provided and only while
such permit remains in effect.
B. Administrative Permit. The Administrative Permit review process is intended to provide for
expedited review for projects that are deemed consistent with the Board's policy regarding
protection of wetland resources. If the proposed operations meet with all the current setback
requirements as defined by § 97-12 and do not pose a threat to the overall function and condition
of wetlands or adjacent buffer areas applicants may request an Administrative Permit review.
This review does not relieve the applicant of providing all the application requirements (§ 97-21)
or obtaining permits from other jurisdictions including, but not limited to New York State
Department of Environmental Conservation and United States Army Corp of Engineers. Under
the Administrative review process, each application will be reviewed by at least one member of
the Board. See 97-23H for details of approval. The following operations will be considered for
Administrative review:
(1) Construction, installation or removal of a split-rail fence, open arbor, trellis or
other similar structure, provided that such operation xvill not have an undue adverse
impact on the wetlands and tidal waters of the toxvn. Concrete footings are not permitted
within wetlands.
(3) Removal of any material or structure provided that a project limiting fence and a
silt fence with hay bales is installed to contain disturbance if deemed necessary and
provided that such operations will not have an undue adverse impact on the wetlands and
tidal waters of the town.
(4) Construction of additions to the landward side of an existing functional single-
family dwelling, where such dwelling generally lies parallel to the wetland boundary and
provided that all new and existing runoff is captured on site. Such addition must be less
than or equal to 25% of area (foot print) of the existing structure.
(5) Remodeling, renovation or reconstruction of a structure provided that such
activity will not have an undue adverse impact on the wetlands and tidal waters of the
town.
(6) Construction of accessory structures for existing single-family dwellings provided
that such activity will not have an undue adverse impact on the wetlands and tidal waters
of the town and the setback is no less than fifty (50) feet.
(7) Construction or improvement of pervious residential driveways or xvalkways
provided that such activity will not have an undue adverse impact on the xvetlands and
tidal waters of the town.
(8) The demolition, removal, relocation, repair and/or upgrading of existing fuel
tanks, fuel lines, fuel dispensers, cesspools, septic systems, or sanitary wastexvater
activities, including necessary site work and provided that such activity will not have an
undue adverse impact on the wetlands and tidal waters of the town.
(9) Construction or installation of drainage structures for the retention of runoff
provided that such structures incorporate the maximum feasible setback from wetlands
and provided that such activity will not have an undue adverse impact on the wetlands
and tidal waters of the town.
(10) Cutting of common reed (Phragmites australis) to within twelve (12) inches of
the soil surface landward of the xvetland boundary. This does not include mowing to
ground level.
(11) The construction of a permitted bulkhead, which is to replace an existing
functional bulkhead, subject to the following:
(a) that the new bulkhead is constructed substantially similar to the design and
measurement of the existing bulkhead, and
(b) the new bulkhead is in the same location as the existing bulkhead.
Any such activities shall require the addition of a non-turf buffer area not to exceed
twenty (20) feet wide as defined in (§ 97-11).
§ 97-21. Application.
A. Contents of Application. A permit may be issued upon the written, verified application of
the person proposing to perform operations on wetlands. Six (6) copies of the complete
application, including all written descriptions, pictures and surveys, shall be submitted to the
Clerk. Such application shall contain the following information:
(1) The name and address of the applicant and the source of the applicant's right to
perform such operations (e.g., whether applicant is the owner, lessee, licensee, contractor,
etc.). In all cases where the applicant is not the owner of the premises where such
operations are proposed to be conducted, the notarized consent of the owner, duly
acknowledged, must be attached to said application.
(2) A schedule for the proposed activities with a completion date.
(3) The purpose of the proposed operations.
(4) The amount of material proposed to be removed or deposited, and/or the type,
size and location of any proposed structure.
(5) A description of the area from which the removal or in which the deposit of
material is proposed, or in which structures are to be erected. The description shall be
appropriately referenced to a permanent reference point or monument.
(6) The depth to which the removal or the deposit of material is proposed throughout
the area of operations, and the proposed angle of repose of all slopes.
(7) The manner in which the material will be removed or deposited, or structures
erected.
(8) Such application shall be accompanied by a survey and topographical map,
created no more than one (1) year prior to the date of application, with contours at t~vo-
foot intervals, showing the area from which the removal or in which the deposit of
materials is proposed, or in which structures are to be erected, certified by a registered
land surveyor or registered professional engineer, licensed by the State of New York.
Such survey and topographical map shall show the soundings of the area in which
operations are proposed to be conducted. The horizontal control of said survey shall be
based on an approved local coordinate system. The vertical control for elevations shall be
based on the United States Coast and Geodetic Survey datum.
(9) A statement of the effect, if any, on the wetlands and tidal waters of the town that
may result by reason of such proposed operations.
(10) A statement describing any known prior operations conducted on the premises in
question and whether any prior licenses to permits have been issued to erect structures or
to dredge or deposit fill on said premises and whether any such permits or licenses were
ever revoked or suspended by a governmental agency.
(11) Documentary proof of permits that have been applied for, are pending, and have
been granted including but not limited to NYSDEC, Suffolk County Health Department,
USACOE.
(12) A description of how the proposed activities will be mitigated including erosion
control, re-planting and restoration, designated points of access. All proposed operations
will be clearly defined on a survey and described in a project narrative. The Trustees
reserve the right to require specific re-planting and restoration methods. Any re-planting
and restoration guidelines shall be in keeping with guidelines set by the Town of
Southold.
(13) Current photos of the subject area showing the proposed area of operations from
at least two opposite directions. Each photo should be labeled with the date, time and
direction. The location of the photos shall be noted on the survey, project plan or
provided on a separate sketch map.
(14) Drainage upgrade. At the discretion of the Board non-administrative applications
may require submittal of a drainage upgrade plan. This plan must indicate how all
existing and proposed onsite drainage from a two (2) inch rainfall is retained ~vithin the
subject parcel landward of the wetland boundary. Retention can include but is not
limited to infiltration or impoundment. All drainage plans shall shoxv the calculations
used to develop the plan. At the discretion of the Board said plans may require
certification fi.om a licensed engineer.
(15) All permit applicants shall submit to the Board of Trustees an affidavit signed by
the owner of the project property which indemnifies and saves harmless the To~vn of
Southold from any claims arising out of or connected with operations under the permit
and from all acts, omissions, commissions or negligence on the part of the applicant, his
agents or employees, in such form as shall be approved by the Town Attorney.
(16) An Ethical Disclosure statement as provided by the Town of Southold relating to
applications for permits and other governmental requests.
(17) A statement indicating that submission of false information will result in rejection
of the application and may subject the applicant to criminal sanctions.
B. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit,
may waive, in whole or in part, the provisions of Article II, § 97-21A 8, 11, 14 or § 97-27, 2
where it finds that the nature of the proposed operations is such that the requirements of such
provisions are not necessary for a proper consideration ora permit application. The resolution
providing for the waiver shall clearly indicate why the waiver was granted.
§ 97-22. Fees.
A. Every application for a permit filed with the Clerk shall be accompanied by a filing fee of
two hundred fifty dollars ($250), which includes the first site visit, no portion of which shall be
refundable. For structures that have been previously built without a permit the fee will be
doubled.
B. In addition to the filing fee, the Trustees, upon the adoption of a resolution authorizing
the issuance ora permit, shall determine the amount of the inspection fees to be paid by the
applicant to the Clerk upon the issuance of a permit. Inspection fee costs will be based on a $50
per site visit.
C. Pursuant to New York State Law, all costs incurred by the Town for SEQRA review shall
be paid by the applicant.
D. Consultant Fee: The Board, at its discretion, depending on the scale and potential impact
of proposed operations, is authorized to require the posting of a Consultant Fee by an applicant.
This fee shall be used to hire an independent, expert consultant to investigate the site for the
proposed project and to examine the plans or other information submitted by the applicant to
assist the Board in evaluating potential adverse impacts upon a resource area by the proposed
project. The Board in its discretion will determine whether the complexity of the activity, the
difficulty in determining the threat to the resource areas or the size of the request or project
involves and requires more information and analysis than can reasonably be supplied to the
Board without independent technical professional assistance.
(1) The Board may require the payment of the Consultant Fee at any time in the
deliberations prior to a final decision.
(2) The Consultant Fee may be required for expert opinion regarding, but not limited
to, wetland resource area surveys and delineations, analysis of resource area values,
wetland resource area reports, hydrological and drainage analysis, wildlife habitat
analysis, shellfish surveys, and environmental land use law, or any of the following:
(a) placement, removal or grading of at least fifty (50) cubic yards of
material;
(b) five htmdred (500) square feet or greater alteration of a resource area;
(c) shoreline or bank alteration to a coastal or inland waterway;
(d) five hundred (500) square feet or greater alteration to land in a naturally
vegetated condition that constitutes a resource buffer area;
(e) discharge of any pollutants into or contributing to surface or groundwater
of the resource area;
(f) construction of any stormwater control facility, or water control structure;
or
§ 97-23. Processing of application.
A. Pre-Submission Conference. Applicants are encouraged to schedule a voluntary Pre-
submission site visit to discuss the proposed operations with the Board. Discussions in the field
are purely advisory and non-binding but this meeting is intended to facilitate communication
between the applicant and the Board. There will be no fee for this conference.
B. Investigation and coordination. Upon receipt of the application, the Clerk shall for~vard
one (l) copy thereof to the Conservation Advisory Council, when appropriate, one (1) copy to
the Planning Department, one (1) copy to the Zoning Board, and one (1) copy to be filed with the
office of the Trustees. The Conservation Advisory Council shall review said application and the
effect, if any, on the wetlands and tidal waters of the town that may result from the proposed
operations and shall, within twenty (20) days of receipt of the same, forward its written report of
findings and recommendations with respect to such application to the Trustees. If the
Conservation Advisory Council shall recommend that such application be disapproved, the
reasons for such disapproval shall be set forth in such report. If no response is received within
20 days the application is not subject to further Conservation Advisory Council review.
C. All paperwork relative to an application shall be submitted at least seven (7) days before
the scheduled hearing. The submittal of additional paperwork after this time may result in delays
in processing of the application.
D. Hearing. The Trustees shall hold a public hearing on such application. Notice shall be
provided pursuant to Chapter 58 of the Town Code.
E. Action. After the public hearing on such applications, the Trustees shall either adopt a
resolution directing the issuance of a permit or adopt a resolution denying the application. A
resolution directing the issuance of a permit may be adopted only if the Trustees find that the
proposed operations will conform to the standards set forth in § 97-27 hereof. If the Trustees
adopt a resolution denying an application for a permit, the reasons for such denial shall be set
forth in the resolution.
F. Modifications and Amendments. Any and all modifications and amendments of existing
permits shall be reviewed by the Trustees in accordance with the standards set forth in this
chapter, and may be subject to public hearing.
G. Tabled applications. If an applicant tables an application for any reason it will be
considered withdrawn if it does not go to public hearing within four (4) months of the time it xvas
tabled. After such time the applicant will have to reapply for a permit.
H. Administrative Permits. An Administrative Permit is deemed to have no adverse impact
on the wetlands and tidal waters of the town, and a public hearing and notice are not required
prior to issuance ora permit. The final decision will be made upon resolution.
§ 97-24. Issuance of permit: conditions; inspection fees; performance guarantee.
The Trustees may, upon the adoption of a resolution directing the issuance of a permit:
A. Impose such conditions on the manner and extent of the proposed operations as it deems
appropriate, consistent with the purpose of this chapter.
B. Fix the time by which operations must be commenced and within which they must be
completed.
C. Require the payment of inspection fees.
D. Under certain circumstances the Board may require the submittal of"as-built" plans,
upon completion of operations, stamped by a licensed surveyor and/or engineer.
E. Performance Guarantee. The Trustees may require a performance guarantee to ensure the
proposed operations are conducted in compliance with a permit. If the work is not conducted as
described in the permit or such work is causing harm to the protected resource, notice xvill be
given in writing. The Board may require, as a permit condition, that performance and
observance of other conditions be secured by one or both of the following methods: (1) Bond;
(2) deposit of money;
(3) negotiable securities; or
(4) other undertaking of financial responsibility.
F. Liability insurance. The applicant for a permit shall, before the issuance of said permit by
the Clerk, file with the Clerk a certificate that the contractor chosen to perform the work under
the permit has liability insurance policies insuring against any liability which may arise in the
performance of the operations pursuant to such permit, which said policies shall name the town
as an additional insured.
§ 97-25. Contents of permit.
Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be valid
for a period of two (2) years from the date of approval. Said permit may be rene~ved for two
consecutive one year periods at the discretion and review of the Board. Each permit shall state
the following:
A. The name of the permittee.
B. The date of issuance and expiration of the permit.
C. A schedule of when operations will be conducted.
D. The conditions imposed by the Trustees on the issuance of the permit.
E. The specific location of the areas to be affected by the operations of the permittee.
F. A statement that: "The validity of this permit is or may be subject to the approval of other
governmental or municipal authorities. The town accepts no responsibility in applying for or
obtaining such approval. In the event that such approval is necessary, the holder of this permit
shall not commence operations hereunder until such approval has been obtained in writing. The
failure to obtain such other approval when required shall subject this permit to immediate
revocation by the Clerk upon receipt by the Clerk of written notice from such other
governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is
acceptance of this condition.
G. A statement that: "The permittee does, by the acceptance of this permit, assume all
responsibility for operations undertaken pursuant to this permit, and shall take all precautions for
the prevention of injuries to persons and property resulting from such operations. By such
acceptance, the permittee also agrees to indemnify and save harmless the town and its officers,
agents and employees from any and all claims arising fi.om operations under this permit and any
and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is
acceptance of this condition.
H. A statement that: "The permittee and the owner and occupants of the premises upon
xvhich the operations authorized by this permit are being conducted do, by the acceptance of this
permit, give consent to the town and its officers, employees and agents to enter upon the
premises where such operations are being conducted to make such inspections to determine
whether said operations are being conducted in conformity with the permit and, if necessary, to
conduct said operations according to the Performance Guarantee (97-24E)."
I. A statement that: "The permittee is required to notify the Trustees in writing one week
prior to initiation of any and all operations."
J. A statement that: "The permittee is required to notify the Trustees in writing upon
completion of operations such that the site can be inspected for issuance of a certificate of
compliance (§ 97-29)."
§ 97-27 Construction and Operation Standards
A. General.
The following standards are required for all operations within the jurisdiction of the Trustees:
(1) Drainage upgrade. Applicants for a permit for any form of construction may be
required to upgrade the sites drainage system such that all surface ~vater generated from
impervious surfaces shall be kept onsite through infiltration or retention. Applicants
proposing grading or filling operations will be required to submit a drainage plan for the
entire site at the discretion of the Trustees. See § 97-21(14) for requirements.
(2) Erosion control. Installation of an erosion control structure is necessary during
any building, grading, landscaping or site work activity within Trustee jurisdiction. This
structure may include, but is not limited to installation ora silt fence, hay bales, wood
chip berm and silt booms. The placement of the erosion control structure(s) shall be
determined by the Trustees or their designee. All intertidal construction and excavation
requires the installation o f a silt boom that will retain all suspended sediments within the
immediate project area.
(3) New and remodeled homes. Ne~v and remodeled homes cannot be situated or
modified such that they project closer to the xvetland boundary than homes on either side
of the subject lot.
(4) Fences. Only split rail fences are allowed on beaches. Fences on beaches shall
not be closer than ten (10) feet to MHW. Only one posted sign per one hundred (100)
linear feet of fence is allowed. Posted signs shall be no larger than twelve (12) inches by
twelve (12) inches square.
(5) Swimming pools. Applications for new pools must include a description of how
all pool drainage will be retained onsite using dedicated drywells or similar structures.
All future pool drainage shall be discharged to this dedicated system.
(6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs.
Platforms associated with stairs may not be larger than sixteen (16) square feet.
(7) Critical environmental areas. At the discretion of the Board of Trustees, any
operations proposed in critical environmental areas (§ 97-11) may be subject to more
stringent requirements than detailed in this section. Such requirements may include, but
are not limited to, denial of certain operations, shortening or reducing the size of
structures, and increasing the width of non disturbance buffers.
B. Shoreline Structures.
The following standards are required for all operations relating to shoreline structures on
residential properties. Operations conducted on properties zoned M1 or M2 may be given
greater flexibility in these requirements given the water dependent nature of their use.
(l)
Bulkheads, Retaining Walls, Revetments and Gabions.
(a) Only in place replacement of existing functional bulkheads (as defined in
§ 97-11) is permitted. In-kind replacement relates to the position and dimensions
and does not necessarily require or allow for the use of the same materials. At
their discretion, the Board may allow for a one time projection of the replacement
structure seaward of the original, only if such placement will not project the
proposed structure seaward of adjacent, neighboring structures and if the
proposed installation is in close proximity to the original structure. Any
subsequent repair or replacement following the first replacement requires the
structure to be built on or landward of the original structure.
(b) Bulkheads on the Sound shall only be permitted when the likelihood of
extreme erosion is demonstrated and it shall not increase erosion on neighboring
properties.
(c) Bulkheads on the Sound must be armored with stone.
(d) All bulkhead construction and renovation work requires the establishment
ora permanent non-turf buffer as defined by § 97-11.
(e) Retaining walls are not permitted unless excessive erosion can be
demonstrated.
(f) In order to prevent the release of metals and other contaminants into the
wetlands and waters of Southold, the use of lumber treated with chromated copper
arsenate (also known as "CCA"), creosote, penta products or homemade xvood
preservatives is prohibited for use in sheathing and decking. Preservatives of any
type including but not limited to those listed above cannot be applied to any
bulkheads, retaining walls or revetments after installation. These restrictions do
not apply to structures proposed landward of the wetland boundary.
(g) The use of tropical hardwoods is not permitted unless it is certified by the
Forest Ste~vardship Council or similar organization.
(h) New bulkheads in creeks and bays are prohibited, unless the operation
involves construction of a low-sill bulkhead.
(i) Machine excavation is prohibited in tidal and freshwater xvetland areas.
C. In Water.
The following standards are required for all in water operations adjacent to residential properties.
Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these
requirements given the water dependent nature of their use.
(1) Jetties and Groins.
General Rules
(a) Only loxv-profile jetties as defined in § 97-11 will be permitted
(b) Only in place replacement of existing low-profile functional jetties and
groins (as defined in § 97-11) is permitted.
(c) Pre-backfilling of jetties and groins may be required.
(d) In order to prevent the release of metals and other contaminants into the
wetlands and waters of Southold, the use of lumber treated with chromated copper
arsenate (also known as "CCA"), creosote, penta products or homemade wood
preservatives is prohibited for use in sheathing and decking. Preservatives of any
type including but not limited to those listed above cannot be applied to any jetty
or groin after installation
(e) The use of tropical hardwoods is not permitted unless it is certified by the
Forest Stewardship Council or similar organization.
(f) No new jetties or groins will be permitted unless the work results in a net
decrease in the total number of jetties in the subject area.
(2) Docks
(a) Standards for Residential and Commercial Docks
It shall be the policy of the Town of Southold that all docks shall be designed,
constructed and located so as to reduce a dock's potential adverse impacts to
navigation, public safety, waterway congestion, access to public trust lands and
water, and natural resoumes and habitats. The following standards will serve as a
basis for granting, denying, or limiting permits for the construction of docks.
General Rules
1. No dock shall be constructed, altered or removed without a permit
issued by the Southold Town Trustees. In determining whether to approve
such application, the Trustees shall consider the factors contained in
paragraph § 97-27d, below and all other provisions of this law.
2. All docks shall be constructed of sturdy, durable and stable
materials capable of maintaining position and location, supporting
pedestrian traffic, and resisting lateral loads resulting from ~vind, wave,
and impact forces. Docks shall be constructed, where possible, to permit
the free cimulation of water, reduce the effects of fluctuating water levels,
and prevent adverse modification of the shoreline. Applicants shall certify
as to the structural integrity of the dock so as not to cause a threat to the
person or property o f others.
3. In order to prevent the release of metals and other contaminants
into the wetlands and waters of Southold, the use of lumber treated with
chromated copper arsenate (also known as "CCA"), commercial copper
quat (CCQ), creosote, penta products or homemade wood preservatives is
prohibited for use in sheathing and decking. Similarly, the use of tropical
hardwoods is prohibited unless it is certified by the Forest Stewardship
Council or similar organization. Materials used for structural components
shall be determined at the discretion of the Trustees.
4. All docks and gangways onto such docks shall provide a safe
pedestrian surface at all times.
5. All docks, including any vessel tied to the dock, shall have a
minimum clearance of fifteen (15) feet of the seaward extension of any
property line from adjacent parcels so as not to interfere with the
neighbor's access to waters, unless the Trustees decide otherwise for
navigational or other reasons. Waterside boundaries can be identified
using the appropriate method for the shape of the shoreline for Long
Island waters specified in 9 NYCRR 274.5.
6. All docks and floats shall have the appropriate permit number
permanently affixed to the most seaward face for identification. Said
numbers shall be at least three (3) inches high and constructed of metal,
wood, plastic or other material such that they can withstand exposure to
the elements and are visible from the water.
7. Except for structures used for water dependent uses, there shall be
no permanent structure located on or above the docks, ramps and floats.
8. Any application for a dock to be constructed at the end of a right of
way or commonly-held land requires the written consent of all parties
having an interest in the right of way, regardless of ~tow property interests
in the upland parcel may be divided among the owner(s), lessee(s),
occupant(s), easement holder(s), or any other person(s) or entity(les) with
a legal or beneficial interest in any existing or proposed docking facility.
9. All applicants for docks, including catwalks and ramps, extending
across the foreshore shall be required to give and maintain a public
passing way, on the upland, not less than five (5) feet in width, to enable
persons to pass and repass around said dock or by steps or a ramp allowing
pedestrian passage.
10. Pre-existing non-permitted and/or non-conforming structures
cannot be replaced in kind without full review and approval by the
Trustees.
(b)
Dock Locations and Lengths
1. No dock shall be erected or extended if, in the opinion of the
Trustees, such structure would adversely affect navigation, fisheries, shell
fisheries, scenic quality, habitats or wetland areas.
2. Within creeks and other narrow waterxvays, no dock length shall
exceed 1/3 the total width of the water body. Determination of the length
of the dock must include the dimensions of the vessel.
3. Prohibited Locations and Activities
[al Given the unique and sensitive natural environmental
characteristics described in the Town of Southold Local Waterfront
Revitalization Plan and the New York State Department of State
Significant Habitat descriptions, no new docks will be permitted,
(c)
over vegetated wetlands or such that it causes habitat
fragmentation of vegetated wetlands, in Downs Creek, Hallocks
Bay, Hashamomuck Creek and Pond and West Creek
[b] Machine excavation is prohibited in tidal or freshwater
wetland areas.
[c] Placement of fence, mesh or other material preventing
passage under docks is prohibited.
[d] Floating docks, other floats and dock components and duck
blinds shall not be stored on tidal xvetlands, other intertidal areas or
freshwater wetlands.
Regulations for the Placement and Configuration of Docking Facilities
1. Residential Docks:
Ia] Only one dock or mooring is permitted per residential lot.
[b] If any part of a residential dock structure includes a float or
floating dock, the float or floating dock portion shall be designed
so that, with the exception of the pilings,
1. it is no larger than six (6) feet wide and twenty (20)
feet long except on Fishers Island if the need is
demonstrated;
2. no part of the floating dock will contact the
bottomland during a normal low tide.
[c] In determining the permitted length of a proposed
residential dock the Trustees shall seek to maintain lengths
consistent with the other docks (i.e., pier line) in the waterway
which meet the requirements of this law.
[d] Pilings shall not project more than three (3) feet above the
surface of a dock or catwalk unless a need for greater height is
demonstrated.
[e] All excess fill from installation of pilings must be removed
from tidal or freshwater wetland area on the same day as
installation and disposed of in an approved upland disposal area.
[f] Tie off poles associated with residential docks will only be
permitted to secure one (1) vessel. If the dock utilizes a float the
poles shall not project farther seaward than the outer edge of the
float. Ifa float is not used the pole(s) can be situated seaward of
the end of the dock sufficient to secure the vessel.
[g] Only one hand rail is permitted on a residential dock unless
the need for two is demonstrated. Rails shall not be higher than
three (3) feet above the surface of the dock and posts shall not be
placed closer than 6 feet on center or larger than 4"x4" in
dimension.
[h] Residential catwalks and ramps are limited to four (4) feet
in width.
(d)
[ii Residential boatlifis are prohibited.
2. Commemial Docks (Marinas, Yacht Clubs and Restaurants):
Given the water dependant nature and economic benefit of properties
zoned as M 1 and M2, dock design constraints and placement restrictions
will be given greater flexibility than would otherwise be allowed for
residential uses.
[a] Construction of new marinas and additions to existing
marinas shall require establishment of a pump-out facility for
vessel sanitary waste.
Review and Approval of Dock Applications
1. Before issuing a permit for a dock structure, the Trustees shall
consider whether the dock xvill have any of the following harmful effects:
[a] Whether the dock will impair navigation or be located in
areas o f high vessel traffic or vessel congestion;
[b] Whether the dock will unduly interfere with the public use
of waterways for swimming, boating, fishing, shellfishing,
waterskiing and other water dependant activities;
[c] Whether the dock will unduly interfere with transit by the
public along the public beaches or foreshore;
[d] Whether the dock will significantly impair the use or value
of waterfront property adjacent to or near the dock;
[e] whether the dock will cause degradation of surface xvater
quality and natural resources;
[f] Whether the dock will cause habitat fragmentation and loss
of significant coastal fish and wildlife habitats;
[g] whether the dock will result in the destruction of or prevent
the growth of vegetated wetlands, seagrasses including eelgrass
(Zostera marina) and widgeon grass (Ruppia maritima) or
shellfish;
[i] Whether the dock will unduly restrict tidal flow or water
circulation;
[j] whether the dock will be safe when constructed;
[k] Whether the dock will adversely affect views, viewsheds
and vistas important to the community;
[1] Whether the cumulative impacts of a residential and
commemial dock will change the waterway or the environment and
whether alternate design, construction, and location of the dock
will minimize cumulative impacts; and
[m] Whether adequate facilities are available to boat owners
and/or operators for fueling, discharge of waste and rubbish,
electrical service and water service
(3) Dredging.
(a)
Creeks:
(1) Maintenance dredging (as defined in § 97-11) only is permitted, unless
applicant owns underwater land or applicant is requesting permission to dredge in
connection with installation of low sill bulkheads.
(2) Dredging may be permitted when it can be demonstrated that the actions
of man have resulted in impairment to water quality or habitat value.
(3) Dredging in, or in close proximity to salt marsh vegetation (Distichlis
spicata, Spartina alterniflora or Spartina patens) or seagrass (Ruppia maritia or
Zostera marina) meadows is prohibited.
(b)
Freshwater wetlands:
(1) Dredging of freshwater ponds may be permitted when it can be
demonstrated that such action will restore the waterbody to a historic condition,
improve water quality or habitat value.
§ 97-28. Standards for issuance of permit.
The Trustees may adopt a resolution directing the issuance of a permit to perform operations
applied for only if it determines that such operations xvill not substantially:
A. Adversely affect the wetlands of the town.
B. Cause damage from erosion, turbidity or siltation.
C. Cause saltwater intrusion into the fresh water resources of the town.
D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and
vegetation or the natural habitat thereofi
town.
G.
H.
I.
town.
J.
Increase the danger of flood and storm-tide damage.
Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the
Change the course of any channel or the natural movement or flow of any waters.
Weaken or undermine the lateral support of other lands in the vicinity.
Otherwise adversely affect the health, safety and general welfare of the people of the
Adversely affect the aesthetic value of the wetland and adjacent areas.
§ 97-29 Certificate of Compliance. A certificate of compliance shall be issued by the Trustees
prior to use or occupancy of a structure, which has been erected, enlarged, or altered pursuant to
the issuance of a permit in this Chapter.
§97-30. Transferability.
A permit issued pursuant hereto shall not be transferred or assigned without the prior approval
and review of the Trustees. The fee for transferring said permit shall be fifty ($50.00) dollars.
ARTICLE III, Administration and Enforcement
§ 97-31. Coordination and Enforcement
The Director of Code Enforcement and/or the Bay Constable are responsible for coordination
and enforcement of the provisions of this chapter. The Director of Code Enforcement and Bay
Constables have the authority to issue violations of this Chapter.
§ 97-32. Notice of violation.
A. Whenever the Director of Code Enforcement or Bay Constable have reasonable grounds
to believe that operations regulated hereby are being conducted in violation of the provisions of
this chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the
owner of the property, or the owner's agent or the person performing such operations, to suspend
all operations; and any such person shall forthwith cease operations until such notice of violation
has been rescinded.
B. Such notice shall be in writing, shall specify the violation and shall state the conditions,
which must be complied with and the time within which compliance must be completed before
operations may be resumed. Such notice shall also inform the person to whom it is directed of his
fight to apply for a hearing before the Trustees, as hereinafter provided.
C. Such notice shall be served upon the person to whom it is directed by delivering it to him
personally or by posting the same in a conspicuous place on the premise ~vhere operations are
being conducted and mailing a copy thercof to such person by certified mail to his last known
address.
D. The Director of Code Enforcement or Bay Constable may extend the time of compliance
specified in the notice of violation where there is evidence of intent to comply within the time
specified and conditions exist which prevent immediate compliance.
E. In the event that the person upon whom a notice of violation has been served shall fail to
comply with said notice within the time specified therein or within the time specified in any
extension of time issued by the Director of Code Enforcement or Bay Constable, any permit
issued to such person pursuant to this chapter shall be deemed revoked.
F. It shall be unlawful for any person served with a notice of violation pursuant to § 97-31C
to fail to comply with such notice.
§ 97-33. Hearing on violation.
A. Any person affected by a notice of violation issued pursuant to the preceding section
hereof may request and shall be granted a hearing before the Trustees, provided that such person
shall file a written request therefor with the Clerk ~vithin ten (10) days after service of the notice
of violation. Such request shall have annexed thereto a copy of the notice of violation upon
which a hearing is requested and shall set forth the reasons why such notice of violation should
be modified or rescinded.
B. The Clerk shall present such request to the Trustees at its next regular meeting. The
Trustees shall set a time and place for such hearing and shall give the person requesting the same
~at least five (5) days' notice of the time and place thereof.
C. At such hearing, the person requesting the same, or his representative, shall be given an
opportunity to shoxv cause why such notice of violation should be modified or rescinded. After
such hearing, the Trustees may sustain, modify or rescind such notice of violation, or revoke any
permit previously issued, and shall specify the reasons therefore.
D. The notice of violation for which a heating is requested shall continue in effect pending
the hearing and determination of the Trustees.
§ 97-34. Compliance requirements and penalties for offenses.
A. It shall be unlawful for any carter, oxvner, occupant, builder, architect, contractor or their
agents or any other person to fail to comply with any provisions of this chapter or to fail in any
manner to comply with a written notice, directive or order of the Director of Code Enforcement
or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued
pursuant to this chapter.
B. For each offense against any of the provisions of this chapter or any regulations made
pursuant thereto, or failure to comply with a written notice or order of any Director of Code
Enfomement or Bay Constable within the time fixed for compliance therewith, the owner,
occupant, builder, architect, contractor or their agents or any other person who commits, takes
part or assists in the commission of any such offense or who shall fail to comply with a written
order or notice of the Director of Code Enfomement or Bay Constable shall be subject to the
following fine schedule. Each day on which such violation occurs shall constitute a separate,
additional offense.
(1) Failure to obtain a permit. Any person conducting operations within the jurisdiction of
the Trustees without first obtaining a permit according to the procedures outlined in this chapter
shall be subject to fine of not less than $1,000 and not more than $4,000 or a term of
imprisonment of not less than fifteen (15) days nor more than six (6) months, or both;
(2) Failure to comply with the terms of a permit. Any person failing to comply with the
terms of a permit shall be subject to fine of not less than $500 and not more than $1,000. For
each subsequent offense, the violator shall be guilty ora misdemeanor punishable by a fine not
less than $1,000 nor more than $2,000 or a term of imprisonment of not less than fifteen (15)
days nor more than six (6) months, or both;
(3) Failure to heed a cease and desist order. Any person conducting operations in direct
contradiction to the terms of a cease and desist order shall be subject to fine of not less than
$1000 and not more than $2,000. For each subsequent offense, the violator shall be guilty of a
misdemeanor punishable by a fine not less than $1,000 nor more than $2,000 or a term of
imprisonment of not less than fifteen (15) days nor more than six (6) months, or both;
(4) Restoration. In lieu or in addition to these punishments, any offender may be punished
by being ordered to restore the affected wetland to its condition prior to the offense. Any such
order shall specify a reasonable time for the completion of such restoration, xvhich shall be
effected under the supervision of the approving authority. The Trustees reserve the right to
require specific re-planting and restoration methods.
(5) Mitigation. When on-site wetlands restoration and creation may be unfeasible due to
technical or other constraints, other mitigative measures such as off-site wetland restoration or
creation may be required.
C. No new permits will be issued to any carter, owner, occupant, builder, architect,
contractor or their agents if they are named as defendants in an outstanding or unresolved
wetland violation.
D. In addition to the above-provided penalties, the Trustees may also, if authorized by the
Town Board, maintain an action or proceeding in the name of the town in a court of competent
jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
IlL Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jtaisdiction 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 I -OOO I
OEOIRE}E E. PATAKI
March 23, 2004
RANDY A. DANIELS
Town of Southold
Town Hail, 53095 Main Road
PO Box 1179
Southold, NY 11971
RECEIVED
2004
Southold Town Clerk
RE: Town of Southold, Local Law 6, 2004, filed on 3~4~2004
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 Filin,
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET~ 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.
To~vn of
SOUTHOLD
LOCAL LAW NO. 6 2004
A Local Law entitled "A Local Law in relation to a new Chapter 97 'Wetlands and Shoreline' of the Code of
the Toxvn of Southold"
BE IT ENACTED by the Town Board of the Town of Southold, as folloxvs:
I. Purpose- The Toxvn of Southold possesses a rich heritage of scenic, historic and natural resources
which are vital to the town's sense of place and to its economic success as a community.
The upland acreage of Southold Toxvn, including Fishers Island, is approximately 34,369 thousand acres
xvith approximately 163 linear miles of shoreline. This acreage is bounded to the north by the nationally
recognized estuary of Long Island Sound and to the south by the nationally recognized Peconic Bay Estuary.
Trustee jurisdiction under the Andros Patent encompasses more than 2,000 acres of under~vater lands, not
including Sound and bayfront oxvned by the State of Nexv York. The local economy is based on two traditional
industries and a third, newer, but strong industry: farming, recreational and commercial fishing and
tourism/second homes. The economy is based squarely on a unique, extraordinarily beautiful and productive
environment that is both fragile and sensitive. Protection of that enviromnent therefore is of utmost importance
to the Towns financial health and long-term future. Rapid growth, the spread of development and increasing
demands upon natural resources are encroaching upon or eliminating many of the Toxvn wetlands and patent
lands, xvhich, if preserved and maintained in an undisturbed and natural condition, constitute important physical,
social, aesthetic, recreational and economic assets to existing and future residents of the Town of Southold.
The comprehensive planning objectives of the Town of Southold are: 1) the preservation of Natural
Resoumes; 2) preservation of Open Space and Recreational Space; 3) preservation of the Rural, Cultural,
Commercial and Historical Character of the Hamlets and Surrounding Areas; and 4) the presen,ation of
farmland and agriculture. In August 2002 the Town of Southold adopted a moratorium on the review and
granting of major and minor subdivisions and approvals for multi-dwelling development. The purpose section
of that moratorium stated in part that "The Town Board finds that increased growth and development within the
Town of Southold are placing severe pressure on water supply, agricultural lands, open and recreational space,
the rural character of the community and natural resources located within the Town."
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOs-239(Rev. II/99}
One of the primary tools implemented by the Town to protect its natural resources is Chapter 97
(entitled "Wetlands") of the Southold Town Code. The existing laws and procedures set forth in Chapter 97
should have the practical effect of ensuring that new development and redevelopment are in accordance with the
Town's comprehensive planning objectives. Unfortunately the practical reality is that the laws set forth in
Chapter 97 did not have the effect of protecting wetlands and wetland botmdades.
Two critical studies and analysis which include the Town's wetlands, wetland boundaries and natural
resources are 1) the Town's Local Waterfront Revitalization Program (LWRP) and 2) the Peconic Estuary
Comprehensive Management Plan.
After years of study, fact gathering and writing, the LWRP for the Town of Southold and the
Comprehensive Peconic Estuary Management Plan have been adopted. The LWRP is a comprehensive plan for
the entire Tox~m. As waterfront land has, in certain instances, been inappropriately developed, Town waters and
habitats have been negatively impacted. One example of this is the closure of shell fishing areas such as
Mattituck Creek and James Creek due to an increase of coliform bacteria from septic systems and stormwater
runoff, to name just two sources.
There has been a significant increase in the applications for and the numbers of fixed and floating piers
and docks accessory to upland residential and other uses. Most of these structures and the uses they support are
on and in publicly owned land and xvaters and always have some effect on physical, biological, ecosystem
functions and values, development patterns and the aesthetic character of the area. Therefore it is essential to
regulate the type and placement of such structures.
The Board of Trustees and the Town have used the moratorium time during the year 2003 and early
2004 to evaluate the current status of the wetlands areas and regulations in order to minimize damage fi-om
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 other~vise 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 Toxxm from the dangers of drought, overdraft, pollution from saltwater
intrusion or inappropriate land uses and misuse or mismanagement.. The Town and the Board of Trustees have
considered and implemented the LWRP and the best land use techniques for protecting its waterfront resources.
The Town Board declares that it is necessary to regulate the type and placement of fixed and floating
piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Docks
shall be regulated in order to maintain and contribute to the follo~ving resource area values and the attributes
and functions they possess: erosion and sedimentation control; storm damage prevention; water pollution
control; fisheries; shellfish, including spaxvner sanctnaries; wildlife habitat; agriculture; aesthetics; and
recreation. In addition, the following resource area values also shall be maintained and protected including:
protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat;
protection of wildlife, waterfoxvl, and plant habitat and the maintenance of existing populations and species
diversity; prevention of loss or degradation of critical wildlife and plant habitat; navigation; public access to
water and land; and the minimization of the impact of new development, reconstruction and/or expansion on the
resource area values listed above.
This moratorium addressed the fact that new growth in the form of new structures on existing waterfront
lots and underwater lands poses a similar potential to impair the Town's unique envirortrnent, geology and
hydrology. Many of the Town's existing waterfront lots, xvhether they be vacant or developed, residentially or
Commercially zoned, do not confo'l~fi to current zoning in that they are smaller than the minimum required
acreage. Therefore, the development and redevelopment of these lots is of utmost concern because these
activities have the potential to cause further harm to the coastal environment. This moratorium has enabled the
Town and the Trustees to focus on crafting and implementing a strategy and a working code to ensure that the
comprehensive plannLng objectives of the Town are met. This is 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.
II. Chapter 97 of the Code of the Town of Southold is hereby amended as follows:
The existing Chapter 97 is stricken in its entirety and replaced with the following:
Chapter 97, WETLANDS AND SHORELINE
GENERAL REFERENCES
Boats, docks and wharves -- See Ch.32.
Environmental quality review -- See Ch.44.
Flood drainage prevention -- See Ch.46.
Shellfish -- See Ch.77.
Soil removal -- See Ch.81.
Zoning -- See Ch. 100.
Subdivision of land -- See Ch. Al06.
Coastal erosion -- See Ch. 37.
ARTICLE I, General Provisions
§ 97-10. Title.
This chapter shall be 'known and may be cited as the "Wetlands Law of the Town of Southold."
§ 97-11. Definitions.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning
given herein. When not inconsistent with the context, words in the present tense include the future; words used
in the plural number include the singular number; and words used in the singular number include the plural
number. The word "shall" is always mandatory and not directory.
ACCESSORY STRUCTURE A building or structure detached from a principal building located on the same
lot as and customarily incidental and subordinate to the principal building.
AESTHETICS - The natural intrinsic appearance of a site or object in the context of surrounding land use,
views, viewsheds and vistas important to the community.:
ADMINISTRATiVE PERMIT - A permit intended to provide an expedited review for projects that are deemed
consistent with the Tmstee's policy regarding protection of wetland resources.
AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of all plants and
animals useful to man, including btu not limited to forages and sod crops; grains and seed crops; dairy animals
and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies,
mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such
animals; bees and apiary products; 'fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables;
floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management
3
program.
APPLICANT - The party applying for permits or other approval pursuant to Chapter 97.
APPLICATION - The completed form or forms and all accompanying documents, exhibits, and fees required
of an applicant pursuant to Chapter 97.
AQUACULTURE - The raising or cultivation of nursery spaxvn shellfish in artificial containment systems in,
on or off bottom.
AS-BUILT PLANS - Plans prepared to scale by a licensed surveyor detailing any and all operations conducted
according to a valid permit.
BAY - Cutchogue Harbor, Gidds Bay, Great Peconic Bay, Hallocks Bay, Hog Neck Bay, Little Peconic Bay,
Long Beach Bay, Orient Harbor and Sonthold Bay.
BEACH - The zone of unconsolidated earth that extends landward from the mean low water line to the seaward
toe of a dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward of a beach the
landward limit of a beach is 100 feet landward from the place where there is a marked change in material or
physiographic form from the line of permanent vegetation, whichever is most seaward. Shorelands subject to
seasonal or frequent overwash or inundation are considered to be beaches.
BLUFF - An3, bank or cliffwith a precipitous or steeply sloped face adjoining a beach or a body of water. The
waterward limit ofa bluffis the landward limit of its waterward natural protective feature. Where no beach is
present, the waterward limit ora bluffis mean low water. The landward limit is mrenty-flve (25) feet landward
of the receding edge or, in those cases where there is no discernible line of active erosion, twenty-five (25) feet
landward of the point of inflection on the top of the bluff. The "point of inflection" is that point along the top of
the bluffwhere the trend of the land slope changes to begin its descent to the shoreline.
BLUFF L1NE - The landward limit of a bluff that is twenty-five (25) feet landward of the receding edge or, in
those cases where there is no discernible line of active erosion, twenty-five (25) feet landward of the point of
inflection on the top of the bluff. The "point of inflection" is that point along the top of the bluff where the trend
of the land slope changes to begin its descent to the shoreline.
BOAT/VESSEL - Any floating object capable of carrying people as a means of transportation in water,
including an airplane capable of landing on water as well as any floating structure not otherxvise considered to
be part ora dock structure as defined herein, with or without means of propulsion that can be moored
independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed device located
above or below mean high water. This definition excludes floating docks.
BOARD - Unless other~vise indicated, the Board of Trustees of the Town of Southold.
BUFFER AREA A defined area landward ofa wetland~ooundary, coastal erosion hazard line or bluff line
measured as a linear distance, perpendicular to said boundary.
BULKHEAD - A structure or barrier the intended use for xvhich is to separate and act as a barrier between
earthen material and water. This definition excludes gabions and revetments.
CATWALK -- An elevated walkway, usually built to gain access to a commercial or residential dock, built at a
fixed height above grade and which is constructed landxvard of the high water mark.
CLEARING - Cutting down, fellii~, thinning, logging or removing, killing, destroying, poisoning, ringbarking,
uprooting or burning vegetation, severing, topping or lopping branches limbs stems or trunks or substantially
damaging or injuring in other ways that would cause or contribute to the death or affect the survivability and
growth of vegetation. This definition also includes removal of dead and dying vegetation.
CLERK - Unless otherwise indicated, the Clerk of the Board of Trustees.
COASTAL EROSION HAZARD LINE - The landward boundary of the Coastal Erosion Hazard Area defined
by Article 34 of the New York State Environmental Conservation La~v.
COMMERCIAL AGRICULTURE - Agriculture (See above) intended to earn an income.
COMMERCIAL DOCK - Any catwalk, fixed or floating dock or extension of such, designed, used and/or
intended for use other than as a residential dock, as defined in this chapter.
CONSERVATION - Protection in natural or existing condition.
CREEKS - Broadwaters Cove, Brushes Creek, Budd's Pond, Cedar Beach Creek, Corey Creek, Dam Pond,
Deep Hole Creek, Down's Creek, East Creek, East Harbor, Goose Creek, Goldsmiths Inlet, Gull Pond,
Hallock's Bay, Halls Creek, Hashamomuck Creek, Haywaters Cove, James Creek, Jockey Creek, Little Creek,
Long Beach Bay, Mattituck Creek, Mattituck Inlet, Mud Creek, Paradise Point Creek, Pipes Neck Creek,
Richmond Creek, Town Creek, West Creek, West Harbor, West Lake, Wickham Creek, Wunnewata Lagoon
and Wunnewata Pond.
CRITICAL ENVIRONMENTAL AREAS - All sites previously nominated by the Town of Southold and
designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection
including: Cutchogne Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek,
Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths
Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek.
DECK - A structure and/or platform without a roof that is either freestanding or attached to a building
supported by pillars and/or posts constructed of various materials.
DECK1NG - Horizontal structural componems of a dock, deck, pier or other shoreline structure intended to be
walked upon.
DOCK - Any permanent or seasonal structure, except a building, located or proposed to be located on lands
abutting or comprised of freshwater or tidal xvetlands or connected to a bulkhead or the upland and extending
over the water's surface, designed to secure vessels and provide access from the shore to a body of water. For
the purpose of this chapter, this tem~ shall also include the associated structures necessary to cross wetlands and
adjacent natural areas. The term "dock" includes the terms "xvharves," "piers," "fixed docks," "floating docks,"
"floats" or "catwalks".
DOCK LENGTH - The length of a dock, including all fixed docks, ramps, floating docks and mooring piles, as
measured from the most landward portion of the structure to the seaward-most portion of the dock or the
seaward-most mooring pile, whichever distance is greater.
DUNE A ridge or hill of loose, xvindblown or artificially placed earth, the principal component of xvhich is
sand.
EROSION CONTROL - Actions taken or structures installed to prevent the wearing away of the land or loss of
5
soil by the action of water, ice or ~i'nd. Erosion control typically relates to stabilization of unvegetated soils
resulting from excavation, grading, stockpiling, construction or other activities.
FIXED DOCK - An elevated walkway which is constructed at a fixed height above grade and which extends
seaward fi:om the high water mark or a point landward.
FLOATING DOCK - Any structure, raft or floating platform which is designed to float upon the surface of a
waterbody and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides
access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep
the dock at a fixed point.
FUNCTIONAL BULKHEAD - A bulkhead that is at least 75 % physically intact and serving the purposes it
was designed for.
FUNCTIONAL JETTY/GROIN - A jetty or groin that is at least 75 % physically intact and serving the
purposes it was designed for.
GABION - A shoreline structure consisting of stone and/or rock enclosed in a mesh cage or similar designed to
stabilize soil or sediments.
GROIN - A manmade barrier perpendicular to the shoreline used to change the natural littoral drift, prevent
erosion, maintain inlet entrances, or protect an area fi:om wave energy. See Jetty
HABITAT The place xvhere a plant or animal species naturally lives and groxvs; or characteristics of the soil,
water, and biologic community (other plants and animals) that make this possible.
HABITAT FRAGMENTATION - Destruction or impairment of habitat such that it results in breaks in areas of
contiguous habitat. Habitat fi:agrnentation can also cause a greater distance between adjacent (non-contiguous)
habitats. These actions prevent the transfer of organisms, natural materials and energy xvithin a habitat. Habitat
fragmentation can result fi.om the placement of physical barriers within a contiguous habitat or between
adjacent habitats, but can also occur as a result of removal of vegetative cover, changes in sediment
characteristics and/or changes in hydrology.
HARVESTING - The gathering or collecting of natural resources and organisms.
HORTICULTURE The raising of plants (See Agriculture).
IMMEDIATE PROJECT AREA - The nfinimum area required to allow access to the site by the machinery
conducting the operation.
JETTY - A manmade barrier perpendicular to the shoreline used to change the natural littoral drift, prevent
erosion, maintain inlet entrances, or protect an area fi.om wave energy. See Groin.
IMPERVIOUS SURFACE - Any hard surfaced, manmade area that does not retain or absorb water including
but not limited to building roofs, paved parking lots and driveways, sidewalks .and other paved areas.
LANDWARD - In the opposite direction from the water or wetland.
LOW-PROFILE JETTIES - The definition of a low profile jetty is site specific, but t~,10ically is a structure no
higher than 18-24" above existing soil or sediment grade.
LOW-SILL BULKHEAD - A sub tidal structure designed to stabilize the toe of a slope or shore and often
associated with boat basins or other navigable waterways.
MANMADE POND - A constructed inland body of water including, but not limited to lined and un-lined
irrigation ponds and ornamental ponds.
MAINTENANCE DREDGING - A dredging project will be considered maintenance dredg/ng if there is
documentary evidence that it has been previously dredged.
MARINA - Any dock, pier or other facility operated for profit, or to which public patronage is invited,
providing moorings, dockage or other marine services primarily for power and sailing yachts, launches or other
watercraft, other than floating homes, and which may also be capable of removing any and all watercraft
moored or docked within the marina fi.om the water for repair and/or storage.
MATERIAL - Soil, sand, stone, gravel, clay, bog, peat, mud or any other material, organic or inorganic.
MEAN HIGH WATER (MHW) - The average of all the water heights observed over the most previous 19 year
period.
MEAN LOW WATER (MLW) - The average of all the low heights observed over the most previous 19 year
period.
MONOPOLIZE - The use for an unreasonable period of time to the exclusion of others or to unreasonably
restrict or obstruct the use of any public bulkhead, dock or landing owned or controlled by the Town of
Southold.
MOORING - Anchoring for greater than 24 hours.
NON DISTURBANCE BUFFER - An area, typically fifty (50) wide, immediately landward of the wetland
boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance or
other activities can take place.
NON TURF BUFFER- Any pervious, material allowing for percolation of surface runoff into the soil,
Examples include: natural vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed if they are
level or pitched axvay from the water, are pervious to precipitation and are constructed of materials other than
treated lumber. Any and all nmoff generated by such structures must be allowed to percolate into the ground
directly below the structure. Fertilizers may not be used within the non turf buffer area.
OPEIL~.TIONS -
A. The removal of material fi.om wetlands or otherwise xvithin Trustee jurisdiction.
B. The deposit of material on xvetlands or otherwise within Trustee jurisdiction.
C. The erection, construction, alteration or enlargement of any building, dock, pier, wharf, bulkhead, jetty,
groin or other structure, temporary or permanent, on wetlands, or other~vise within the Trustees
jurisdiction.
D. Removing or otherxvise affecting the growth of plants in wetlands or otherwise within Trustee
jurisdiction.
ORDINARY Pd'4D USUAL MAINTENANCE - Actions xvhich are required to preserve in a condition or state
of equivalent quality to that which was approved or required by permit.
7
ORIGiNAL STRUCTURE - Thel[JlJ~nest known, permitted or otherwise documented structure.
PATENT LANDS - All uplands and underwater lands owned in fee title by the Trustees by virtue of the
Andros Patent (October 31, 1676).
PEAK LUNAR TIDES - Those excessively high tides or spring tides caused by lunar gravitational phenomena.
PERSON - Any individual, any combination of individuals, firm, partnership, association, society, corporation,
joint-stock company, company, organization or other legal entity of any kind, including municipal corporations
or governmental agencies or subdivisions thereof.
PIER - A fixed structure to secure vessels, unloading or loading persons or property or providing access to the
water. See Wharf.
PIER LINE - The average seaxvard projection of one or more existing permitted docks, piers, wharves or floats.
The average seaxvard projection is calculated by adding the length of all docks within the immediate area and
dividing by the number of said docks.
PLATFORM - See Deck.
POND - An inland body of water.
PRE-EXISTING NON-PERMITTED AND/OR NON-CONFORMING STRUCTURES - A structure, use or
lot that is not otherwise permitted but which is allowed to continue solely because it was lawfully existing prior
to the effective date of the original law or ordinance or prior to any subsequent amendment, as the case may be.
Any determination of lawful existence must at least include a review of prior land use laws and ordinances.
PROACTIVE RESTORATION - Restoration undertaken solely for the benefit of the natural environment and
not associated with compensatory mitigation or other regulatory requirements. Proactive restoration typically
includes planting of beneficial native vegetation (i.e. vegetative enhancement) in a natural setting at a time,
place and in a position that are conducive to future survival and growth.
RESIDENTIAL - Associated with a single or multiple family home, apartment or condominium, excluding
marinas and public property.
RESIDENTIAL DOCK - Any catwalk, fixed dock and/or floating dock designed or constructed as a continuous
unit to provide access to the surface waters from a lot that is zoned for residential use. The term dock shall
include all associated structures such as ramps and mooring piles.
RESIDENTIAL HORTICULTURE The raising 0fplants for ornamental purposes on residential lots.
RESOURCE BUFFER AREA - A buffer area with specific quantifiable natural resource value.
RETAINING WALL - A bulkhead landward of the ~vetland boundary.
REVETMENT - A shoreline hardening structure landward of the wetland boundary typically const-ructed of
rock or stone. See Gabion.
RIPILM~ - A layer, facing or protective mound of rubble or stones randomly placed to prevent erosion, scour, or
sloughing of a structure or embankment; also the stone used for this purpose.
SETBACK - The minimum distan"~ oy which any building, structure or operations must be separated from a
wetland boundary, coastal erosion hazard line or bluff line.
SHEATHING - Vertical structural components of a bulkhead or retaining wall necessary to keep soil and
sediment from passing through the structure.
SHORELINE STRUCTURE - Any intentionally constructed structure on the shore composed of manmade or
natural materials. See Structure.
SILT BOOM - A structure deployed within the water column that is designed to prevent passage of suspended
sediments and contaminants from spreading from the immediate project area to surrounding waters. Properly
installed, silt booms completely surrounds the project area.
SOUND - Long Island Sound, Fishers Island Sound and Block Island Sound
SPAWNER SANCTUARY - An area of bottom designated by the Trustees for the purpose of protecting and
enhancing shellfish populations for a specific period of time.
SPLIT-RAIL FENCE - A linear fence structure composed of posts and rails.
STRUCTURAL COMPONENTS - Pilings, deadmen, rails, whalers and other significant components used to
hold together and anchor docks, piers, wharves, jetties, groins and other shoreline structures.
STRUCTURE Any object constructed, installed or placed in, on or under land or water, including but not
limited to a building; permanent shed; deck; in-ground and aboveground pool; garage; mobile home; road;
public service distribution, transmission or collection system; tank; dock; pier; wharf; groin; jetty; seawall;
bulkhead; breakwater; revetment; artificial beach nourishment; or any addition to or alteration of the same.
SUBTIDAL - Existing at or beloxv mean loxv water.
TIDAL WATERS - All waters bordering on or within the boundaries of the Toxvn o£ Southold subject to
fluctuation in depth from peak lunar, storm or nornaal tidal action, and including but not limited to all brackish
and salt waters of streams, ponds, creeks, estuaries, sounds, bays and inlets.
TOWN - The Town of Southold.
TOWN WATERS - All the waters lying over Patent Lands (See definition).
TROPICAL HARDWOOD )my of a number of species of hardwood harvested fi.om areas situated in the
tropics (the region on either side of the equator).
TRUSTEES - The Board of Trustees of the Town o15 Southold.
VEGETATED WETLANDS - Any and all wetland types supporting or capable ol5 supporting emergent,
submerged or floating-leaved vegetation as described in Chapter § 97-11. "WETLANDS (FRESHWATER)"
and "WEILANDS (TIDAL)."
WHARF - See Pier.
WATER-DEPENDENT USES - An activity which can only be conducted ou, in, over or adjacent to a water
body because such activity requires direct access to that water body, and xvhich involves, as an integral part of
such activity, the use of the water.'Wl~e uses include, but are not limited to commercial and recreational fishing
and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing
facilities, waterfront dock facilities, shipyards and boat building facilities, navigation aides, basins and channels,
industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing
water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide
general public access to marine or tidal waters.
WETLAND BOUNDARY OR BOUNDARIES OF WETLAND - Wetland ecosystems generally posses three
essential characteristics: (1) hydrophytic vegetation, (2) hydric soils, and (3) wetland hydrology. The wetland
indicator status of all plants can be found in The National List of Plants that Occur in Wetlands CUSFWS). The
wetland boundary is most easily determined by defining the outer limit of the vegetation specified in the
definition of freshwater, brackish or tidal wetlands. The wetland boundary is to be defined and flagged at the
point where existing wetland indicator species no longer have a competitive advantage over upland species.
Wetland and upland plants will mix together at this transition zone. For freshwater wetlands that frequently lack
standing ;vater (shrub swamps, deciduous swamps, coniferous swamps and wet meadows) vegetation alone may
not be adequately diagnostic for identification of a wetland boundary. In these wetland types, field verification
of wetland hydrology and/or hydric soils might be required to define the boundary. The methodology used to
determine this boundary shall be the same methodology utilized in the New York State Department of
Environmental Conservation (NYSDEC) Technical Methods Statement relating to the Freshwater Wetlands
Act.
WETLANDS (FRESHWATER)
A. "Freshwater wetlands" as defined in Article 24, Title 1, § 24-0107, Subdivisions l(a) to l(d) inclusive,
of the Environmental Conservation Law of the State of New York; or
All lands and waters in the town which contain any or all of the following:
(1) Lands and submerged lands commonly called "marshes," "swamps," "sloughs," "bogs" and
"fiats" supporting aquatic or semi-aquatic vegetation of the following types:
(a) Wetland trees which depend upon seasonal or pem~anent flooding or sufficiently water-
logged soils to give them a competitive advantage over other trees, including, among others, red
maple (Acer rubrum), willows (Salix spp.), black spruce (Picea mariana); swamp white oak
(Quercus bicolor), red ash (Fraxinum pennsylvanica), black ash (Fraxinus nigra), silver maple
(Acer saccharinum), American elm (Ulmus americana) and lamh (Larix laricina);
(b) Wetland shrubs which depend upon seasonal or permanent flooding or sufficiently water-
logged soils to give them a competitive advantage over other shrubs, including, among others,
alder (Alnus spp.), buttonbush (Cephalanthus occidentalis), cormnon winterberry (Ilex
verticillata) leatherleaf ( Chamaedaphne calyculata), and swamp azalea (Rhododendron
viscosum);
(c) Emergent vegetation, including, among others, cattails (Typha spp.), pickerelweed
(Pontederia cordata), bulrushes (Scirpns spp.), arrow arum (Peltandra virginica), arrowheads
(Sagittaria spp.), common reed (Phragmites australis), wildrice (Zizania aquatica), bur-reeds
(Sparganium spp.), purple loosestrife (Lythram salicaria), swamp loosestrife (Decodon
verticillatus) and water plantain (Alisma plantago-aquatica);
(d) Rooted, floating-leaved vegetation, including, among others, water-lily (Nymphaea
odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar spp.);
(e) Free-floating vegetation, including, among others, duckweed (Lemna spp.), big duckweed
(Spirodela polyrhiza) and xvatermeal (Wolffia spp.);
(f) Wet meadow vegetation which depends upon seasonal or permanent flooding or
sufficiently water-logged soils to give it a competitive advantage over other open land
vegetation, including, among others, sedges (Carex spp.), rashes (Juncus spp.), cattails (Typha
~0
spp.), rice cut-gras ersia oryzoides), reed canary grass (Phataris arundinacea), swamp
loosestrife (Decodon verticillatus) and spikemsh (Eleocharis spp.);
(g) Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum spp.), bog
rosemary (Andromeda glaucophylla), [eatherleaf ( Chamaedaphne calyculata), pitcher plant
(Sarracenis purpurea) and cranberries (Vaccinium macrocarpon and V. oxycoccos); or
(h) Submergent vegetation, including, among others, pondweeds (Potamogeton spp.), naiads
(Najas spp.) bladderworts (Utricularia spp.), wild celery (Vallisneria americana), coontail
(Ceratophyllum demersum), water milfoils (Myriophyllum spp.) muskgrass (Chara spp.),
stonewort (Nitella spp.), water weeds (Elodea spp.) and water smartweed (Polygonum
amphibium).
(2) Lands and submerged lands containing remnants of any vegetation that is not aquatic or
semiaquatic that has died because of wet conditions over a sufficiently long period, provided that such
wet conditions do not exceed a maximum seasonal water depth of six feet and provided further that such
conditions can be expected to persist indefinitely, barfing human intervention.
(3) Lands and waters substantially enclosed by aquatic or semiaquafic vegetation as set forth in
Subsection B(1) or be dead vegetation as set forth in Subsection B(2), the regulation of which is
necessary to protect and preserve the aquatic and semiaquatic vegetation.
(4) The waters overlying the areas set forth in Subsection B(1) and (2) and the lands underlying
Subsection B(3).
WETLANDS (TIDAL)
A. All lands generally covered or intermittently covered with, or which border on, tidal xvaters, or lands
lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five feet,
including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to
tidal action;
B. All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may
grow some or any of the following: smooth cordgrass (Spartina alterniflora), salt hay grass (Spartina patens),
black grass (Juncus gerardii), saltworts (Salicornia spp.), sea lavender (Limoneum spp.), marsh elder (Iva
frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.)
WIDTH OF CREEK The distance across a creek from mean low water to mean low water, perpendicular to
the main channel directly in front of the subject parcel.
WALER - Structural member of a bulkhead used to hold the sheathing behind the pilings. Normally there are
top and bottom walers.
WHARF - See Pier.
§ 97-12. Declaration of Policy, Jurisdiction and Setbacks.
A. Findings: The Town Board of the Town of Southold finds that rapid growth, the spread of development and
increasing demands upon natural resources are encroaching upon or eliminating many of its wetlands and patent
lands, which, if preserved and maintained in an undisturbed and natural condition, constitute important physical,
social, aesthetic, recreational and economic assets to existing and future residents of the Town of Southold. In
addition, there has been a significant increase in the applications for and the numbers of fixed and floating piers
and docks accessory to upland residential and other uses. Most of these structures and the uses they support are
on and in publicly owned land and waters and always have some effect on physical, biological, ecosystem
functions and values, development patterns and the aesthetic character of the area. Therefore it is essential to
regulate the type and placement of such structures.
B. Purpose: It is the intention of this chapter to ensure for the citizens of the Town of Southold the protection,
preservation, proper maintenance and use of its wetlands giving due consideration to the reasonable economic
and social development of the Town. In addition, the Town Board declares that it is the intention of this chapter
to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper
maintenance and use of its waters and wetlands. Therefore, the Town Board declares that the regulation of the
wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of
Southold. The wetlands shall be regulated in order to maintain and contribute to the following resource area
values and the attributes and functions they possess: protection of public and private water supply; groundwater;
flood control; erosion and sedimentation control; storm damage prevention; water pollution control; fisheries;
shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and
recreation. In addition, the following resource area values shall be maintained and protected: prevention of
flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural
resources as a result of erosion; improvement of water quality; protection and enhancement of existing
vegetation cover in order to maintain water quality and wildlife habitat; protection of wildlife, xvaterfowl, and
plant habitat and the maintenance of existing populations and species diversity; prevention of loss or
degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the
improvement of existing stormwater runoff discharges; protection of coastal ecosystems which support the
continued viability of harvestable shellfish and finfish habitat; public access to water and land; improvement of
groundxvater recharge; and the minimization of the impact of new development, restoration and/or expansion on
the resource area values listed above.
C. Jurisdiction: The following areas are subject to protection under Chapter 97 of the Code of Southold.
(1) Any freshwater xvetland, tidal wetland, beach, dune, flat, marsh, swamp, xvet meadow, bog, or
(2)
(3)
(4)
(5)
vernal pool;
Any creek, estuary, stream, pond, or lake;
Land under water;
Land subject to tidal action;
Land ~vithin 100 feet of the areas listed above.
D. Setbacks: The following minimum setbacks apply to any and all operations proposed on residential property
within the jut/sdiction of the Board o f Trustees:
(l) Wetland Boundary
(a) Residence - one hundred (100) feet;
(b) Driveway - fifty (50) feet;
(c) Sanitary leaching pool (cesspool) - one hundred (100) feet;
(d) Septic tank - seventy five (75) feet;
(e) Sxvimming Pool and related structures - fifty (50) feet;
(f) Landscaping or gardening - fifty (50) feet;
(2) Bluff Line
(a) Residence - one hundred (100) feet;
(b) Driveway- one hundred (100) feet;
(c) Sanitary leaching pool (cesspool) - one hundred (100) feet;
(d) Swimming Pool and related structures one hundred (100) feet;
The Board of Trustees reserves the right to waive or alter these setbacks where site-specific and/or
environmental conditions justify such action. "
§ 97-13. Exceptions.
A. The provisions of this chapter shall not affect or prohibit nor require a permit for the following:
~2
O It
(1) The ordinary and usual operations incidenta o the harvesting of fish and shellfish.
(2) The ordinary and usual operations relative to conservation of soil, vegetation, fish and wildlife
landward of the wetland boundary.
(3) The ordinary and usual operations relative to pre-existing commercial agriculture and
horticulture landward of the wetland boundary.
(4) The ordinary and usual operations relative to residential horticulture landward of the wetland
boundary.
(5) The ordinary and usual maintenance or repair (of the same dimensions) of a presently permitted,
existing building, dock, pier, wharf, jetty, groin, dike, dam or other water control device or structure.
(6) Environmental testing activities, including test borings, small volume soil sampling,
environmental assessment and inventory activities provided such operations do not have an undue
adverse impact on the wetlands and tidal waters of the town.
(7) The ordinary and usual maintenance or repair of a man-made pond as defined in (§ 97-11).
(8) Proactive restoration or enhancement projects conducted in cooperation with the Trustees
including, but not limited to, salt marsh restoration, eelgrass plantings or other vegetative enhancement
work.
B. Nothing contained in this section shall alter the jurisdiction of the Southold Town, Board of Trustees.
ARTICLE II, Pelmits
§ 97-20. Permit procedures.
A. Permit required. Not~vithstanding any prior course of conduct or permission granted, no person shall
conduct operations on any area within Trustee Jurisdiction (§ 97-12 C) without first obtaining a written permit
therefor issued by the Trustees as hereinafter provided and only xvhile such permit remains in effect.
B. Administrative Permit. The Administrative Permit review process is intended to provide for expedited
review for projects that are deemed consistent with the Board's policy regarding protection of wetland
resoumes. If the proposed operations meet with all the current setback requirements as defined by § 97-12 and
do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas applicants may
request an Administrative Permit review. This review does not relieve the applicant of providing all the
application requirements (§ 97-21) or obtaining permits from other jurisdictions including, but not limited to
New York State Department of Environmental Conservation and United States Army Corp of Engineers. Under
the Administrative review process, each application will be reviexved by at least one member of the Board. See
97-23H for details of approval. The following operations ~vill be considered for Administrative reviexv:
(1) Construction, installation or removal of a split-rail fence, open arbor, trellis or other similar
structure, provided that such operation will not have an undue adverse impact on the wetlands and tidal
xvaters of the town. Concrete footings are not permitted xvithin wetlands.
(3) Removal of any material or structure provided that a project limiting fence and a silt fence with
hay bales is installed to contain disturbance if deemed necessary and provided that such operations ~vill
not have an undue adverse impact on the wetlands and tidal waters of the town.
(4) Construction of additions to the landward side of an existing functional single-family dwelling,
where such dwelling generally lies parallel to the wetland boundary and provided that all new and
existing runoff is captured on site. Such addition must be less than or equal to 25% of area (foot print)
of the existing structure.
(5) Remodeling, renovation or reconstruction of a structure provided that such activity will not have
an undue adverse impact on the xvetlands and tidal waters of the town.
(6) Construction of accessory structures for existing single-family dwellings provided that such
activity will not have an undue adverse impact on the wetlands and tidal waters of the town and the
setback is no less than fifty (50) feet. ..
(7) Construction or i v ement of pervious residential driveways or xvalkways provided that such
activity will not have an undue adverse impact on the wetlands and tidal waters of the town.
(8) The demolition, removal, relocation, repair and/or upgrading of existing fuel tanks, fuel lines,
fuel dispensers, cesspools, septic systems, or sanitary wastewater activities, including necessary site
work and provided that such activity will not have an undue adverse impact on the wetlands and tidal
waters of the town.
(9) Construction or installation of drainage structures for the retention of nmoffprovided that such
structures incorporate the maximum feasible setback from wetlands and provided that such activity will
not have an undue adverse impact on the wetlands and tidal waters of the town.
(10) Cutting of common reed (Phragmites australis) to within twelve (12) inches of the soil surface
landward of the wetland boundary. This does not include mowing to ground level.
(11) The construction of a permitted bulkhead, which is to replace an existing ftmctional bulkhead,
subject to the following:
(a) that the new bulkhead is constructed substantially similar to the design and measurement
of the existing bulkhead, and
(b) the new bulkhead is in the same location as the existing bulkhead.
Any such activities shall require the addition of a non-turf buffer area not to exceed txventy (20) feet
wide as defined in (§ 97-11).
§ 97-21. Application.
A. Contents of Application. A permit may be issued upon the written, verified application of the person
proposing to perform operations on wetlands. Six (6) copies of the complete application, including all xvritten
descriptions, pictures and surveys, shall be submitted to the Clerk. Such application shall contain the following
information:
(1) The name and address of the applicant and the soume of the applicant's right to perform such
operations (e.g., whether applicant is the owner, lessee, licensee, contractor, etc.). In all cases where the
applicant is not the owner of the premises where such operations are proposed to be conducted, the
notarized consent of the owner, duly acknowledged, must be attached to said application.
(2) A schedule for the proposed activities with a completion date.
(3) The purpose of the proposed operations.
(4) The amount of material proposed to be removed or deposited, and/or the type, size and location
of any proposed structure.
(5) A description of the area from which the removal or in which the deposit of material is proposed,
or in which structures are to be erected. The description shall be appropriately referenced to a permanent
reference point or monument.
(6) The depth to which the removal or the deposit of material is proposed throughout the area of
operations, and the proposed angle of repose of all slopes.
(7) The manner in which the material will be removed or deposited, or structures erected.
(8) Such application shall be accompanied by a survey and topographical map, created no more than
one (1) year prior to the date of application, with contours at two-foot intervals, showing the area from
which the removal or in which the deposit of materials is proposed, or in which structures are to be
erected, certified by a registered land surveyor or registered professional engineer, licensed by the State
of New York. Such survey and topographical map shall show the soundings of the area in which
operations are proposed to be conducted. The horizontal control of said survey shall be based on an
approved local coordinate system. The vertical control for elevations shall be based on the United States
Coast and Geodetic Survey datum.
(9) A statement of the effect, if any, on the wetlands and tidal waters of the town that may result by
reason of such proposed operations.
(10) A statement describing any knoxvn prior operations conducted on the premises in question and
14
whether any prior licenses ~rmits have been issued to erect structtfi,~ or to dredge or deposit fill on
said premises and whether any such permits or licenses were ever revoked or suspended by a
governmental agency.
(11) Documentary proof of permits that have been applied for, are pending, and have been granted
including but not limited to NYSDEC, Suffolk County Health Department, USACOE.
(12) A description of how the proposed activities will be mitigated including erosion control, re-
planting and restoration, designated points of access. All proposed operations will be clearly defined on
a survey and described in a project narrative. The Trustees reserve the right to require specific re-
planting and restoration methods. Any re-planting and restoration guidelines shall be in keeping with
guidelines set by the Town of Southold.
(13) Current photos of the subject area showing the proposed area of operations fi:om at least two
opposite directions. Each photo should be labeled with the date, time and direction. The location of the
photos shall be noted on the survey, project plan or provided on a separate sketch map.
(14) Drainage upgrade. At the discretion of the Board non-administrative applications may require
submittal ora drainage upgrade plan. This plan must indicate how all existing and proposed onsite
drainage fi:om a two (2) inch rainfall is retained within the subject parcel landward of the wetland
boundary. Retention can include but is not limited to infiltration or impotmdment. All drainage plans
shall show the calculations used to develop the plan. At the discretion of the Board said plans may
require certification from a licensed engineer.
(15) All permit applicants shall submit to the Board of Trustees an affidavit signed by the owner of
the project property which indemnifies and saves harmless the Town of Southold from any claims
arising out of or connected with operations under the permit and from all acts, omissions, commissions
or negligence on the part of the applicant, his agents or employees, in such form as shall be approved by
the Town Attorney.
(16) An Ethical Disclosure statement as provided by the Town of Southold relating to applications for
permits and other governmental requests.
(17) A statement indicating that submission of false information will result in rejection of the
application and may subject the applicant to criminal sanctions.
B. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in
whole or in part, the provisions of Article II, § 97-21A 8, 11, 14 or § 97-27, 2 where it finds that the nature of
the proposed operations is such that the requirements of such provisions are not necessary for a proper
consideration of a permit application. The resolution providing for the waiver shall clearly indicate why the
xvaiver was granted.
§ 97-22. Fees.
A. Every application for a permit filed with the Clerk shall be accompanied by a filing fee of-two hundred
fifty dollars ($250), which includes the first site visit, no portion of which shall be refundable. For structures
that have been previously built without a permit the fee will be doubled.
B. In addition to the filing fee, the Trustees, upon the adoption of a resolution authorizing the issuance of a
permit, shall determine the amount of the inspection fees to be paid by the applicant to the Clerk upon the
issuance ora permit. Inspection fee costs will be based on a $50 per site visit.
C. Pursuant to Nexv York State Law, all costs incurred by the Toxvn for SEQRA review shall be paid by the
applicant.
D. Consultant Fee: The Board, at its discretion, depending on the scale and potential impact of proposed
operations, is authorized to require the posting of a Consultant Fee by an applicant. This fee shall be used to
15
h' d ' rt lt'~t
ire an in epenaent, expe consultan to investigate the site for the proposed project and to examine the plans
or other information submitted by the applicant to assist the Board in evaluating potential adverse impacts upon
a resource area by the proposed project. The Board in its discretion will determine whether the complexity of
the activity, the difficulty in determining the threat to the resource areas or the size of the request or project
involves and requires more information and analysis than can reasonably be supplied to the Board without
independent technical professional assistance.
(1) The Board may require the payment of the Consultant Fee at any time in the deliberations prior
to a final decision.
(2) The Consultant Fee may be required for expert opinion regarding, but not limited to, wetland
resource area surveys and delineations, analysis of resource area values, wetland resource area reports,
hydrological and drainage analysis, wildlife habitat analysis, shellfish surveys, and environmental land
use law, or any of the following:
(a) placement, removal or grading of at least fifty (50) cubic yards of material;
(b) five hundred (500) square feet or greater alteration of a resource area;
(c) shoreline or bank alteration to a coastal or inland waterway;
(d) five hundred (500) square feet or greater alteration to land in a naturally vegetated
condition that constitutes a resource buffer area;
(e) discharge of any pollutants into or contributing to surface or groundwater of the resource
area;
(f) construction of any stormwater control facility, or water control structure; or
§ 97-23. Processing of application.
A. Pre~Submission Conference. Applicants are encouraged to schedule a voluntary Pre-submission site
visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and non-
binding but this meeting is intended to facilitate communication between the applicant and the Board. There
xvill be no fee for this conference.
B. Investigation and coordination. Upon receipt of the application, the Clerk shall forward one (1) copy
thereof to the Conservation Advisory Council, when appropriate, one (1) copy to the Planning Department, one
(1) copy to the Zoning Board, and one (1) copy to be filed with the office of the Trustees. The Conservation
Advisory Council shall review said application and the effect, if any, on the xvetlands and tidal waters of the
town that may result from the proposed operations and shall, within twenty (20) days of receipt of the same,
for~vard its written report of findings and recommendations with respect to such application to the Trustees. If
the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such
disapproval shall be set forth in such report. If no response is received within 20 days the application is not
subject to further Conservation Advisory Council revie~v.
C. All paperwork relative to an application shall be submitted at least seven (7) days before the scheduled
hearing. The submittal of additional paper~vork after this time may result in delays in processing of the
application.
D. Hearing. The Trustees shall hold a public hearing on such application. Notice shall be provided
pursuant to Chapter 58 of the Town Code.
E. Action. After the public hearing on such applications, the Trustees shall either adopt a resolution
directing the issuance of a permit or adopt a resolution denying thc application. A resolution directing the
issuance of a permit may be adopted only if the Trustees find that the proposed operations will conform to the
standards set forth in § 97-27 hereof. If the Trustees adopt a resolution denying an application tbr a permit, the
reasons for such denial shall be set forth in the resolution.
F. Modifications and Amendments. Any and all modifications and amendments of existing permits shall
be reviewed by the Trustees in accordance with the standards set forth in this chapter, and may be subject to
public hearing.
G. Tabled applications. If an applicant tables an application for any reason it will be considered withdrawn
if it does not go to public hearing within four (4) months of the time it was tabled. After such time the applicant
will have to reapply for a permit.
H. Administrative Permits. An Administrative Permit is deemed to have no adverse impact on the wetlands
and tidal waters of the town, and a public hearing and notice are not required prior to issuance ora permit. The
final decision will be made upon resolution.
§ 97-24. Issuance of permit: conditions; inspection fees; performance guarantee.
The Trustees may, upon the adoption ora resolution directing the issuance of a permit:
A. Impose such conditions on the manner and extent of the proposed operations as it deems appropriate,
consistent with the purpose of this chapter.
B. Fix the time by which operations must be commenced and within which they must be completed.
C. Require the payment of inspection fees.
D. Under certain circumstances the Board may require the submittal of"as-built" plans, upon completion of
operations, stamped by a licensed surveyor and/or engineer.
E. Performance Guarantee. The Trustees may require a performance guarantee to ensure the proposed
operations are conducted in compliance with a permit. If the work is not conducted as described in the permit
or such work is causing harm to the protected resource, notice will be given in writing. The Board may require,
as a permit condition, that performance and observance of other conditions be secured by one or both of the
following methods:
(1) Bond;
(2) deposit of money;
(3) negotiable securities; or
(4) other undertaking of financial responsibility.
F. Liability insurance. The applicant for a permit shall, before the issuance of said permit by the Clerk, file
with the Clerk a certificate that the contractor chosen to perform the work under the permit has liability
insurance policies insuring against any liability which may arise in the performance of the operations pursuant
to such permit, which said policies shall name the town as an additional insured.
§ 97-25. Contents of permit.
Each permit issued hereunder by the Clerk'pursuant to a resolution of the Trustees shall be valid for a period o£
t~vo (2) years from the date of approval. Said permit may be renewed for two consecutive one year periods at
the discretion and review of the Board. Each permit shall state the following:
.4.. The name of the permittee.
B. The date of issuance and expiration of the permit.
C. A schedule of when operations will be conducted.
D. The conditions imposed by the Trustees on the issuance of the permit.
E. The specific location of the areas to be affected by the operations of the permittee.
F. A statement that: "The validity of this permit is or may be subject to the approval of other governmental
or municipal authorities. The town accepts no responsibility in applying for or obtaining such approval. In the
event that such approval is necessary, the holder of this permit shall not commence operations hereunder until
such approval has been obtained in writing. The failure to obtain such other approval when required shall
subject this permit to immediate revocation by the Clerk upon receipt by the Clerk of written notice from such
other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is
acceptance of this condition.
G. A statement that: "The permittee does, by the acceptance of this permit, assume all responsibility for
operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to
persons and property resulting from such operations. By such acceptance, the permittee also agrees to
indenmify and save harmless the town and its officers, agents and employees from any and all claims arising
from operations under this permit and any and all acts or omissions of the applicant, his agents and employees."
Acceptance of the permit is acceptance of this condition.
H. A statement that: "The permittee and the owner and occupants of the premises upon which the
operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to
the town and its officers, employees and agents to enter upon the premises where such operations are being
conducted to make such inspections to determine whether said operations are being conducted in conformity
with the permit and, if necessary, to conduct said operations according to the Performance Guarantee (97-24E)."
I. A statement that: "The permittee is required to notify the Trustees in writing one week prior to initiation
of any and all operations."
J. A statement that: "The permittee is required to notify the Trustees in writing upon completion of
operations such that the site can be inspected for issuance of a certificate of compliance (§ 97-29)."
§ 97-27 Construction and Operation Standards
A. General.
The following standards are required for all operations within the jurisdiction of the Trustees:
(1) Drainage upgrade. Applicafits for a permit for any form of construction may be required to
upgrade the sites drainage system such that all surface water generated from impervious surfaces shall
be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will
be required to submit a drainage plan for the entire site at the discretion of the Trustees. See § 97-21(14)
for requirements.
(2) Erosion control. Installation of an erosion control structure is necessary dtiring any building,
grading, landscaping or site work activity within Trustee jurlsdiction. This structure may include, but is
not limited to installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of
the erosion control structure(s) shall be determined by the Trustees or thgir designee. All intertidal
construction and excavation requires the installation of a silt boom that will retain all suspended
sediments within the immediate project area.
(3) New and remodel mes. New and remodeled homes cannot be situated or modified such that
they project closer to the wetland boundary than homes on either side of the subject lot.
(4) Fences. Only split rail fences are allowed on beaches. Fences on beaches shall not be closer than
ten (10) feet to MHW. Only one posted sign per one hundred (100) linear feet offence is allowed.
Posted signs shall be no larger than twelve (12) inches by twelve (12) inches square.
(5) Swimming pools. Applications for new pools must include a description of how all pool
drainage will be retained onsite using dedicated drywells or similar structures. All future pool drainage
shall be discharged to this dedicated system.
(6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms
associated with stairs may not be larger than sixteen (16) square feet.
(7) Critical environmental areas. At the discretion of the Board of Trustees, any operations proposed
in critical environmental areas (§ 97-11) may be subject to more stringent requirements than detailed in
this section. Such requirements may include, but are not limited to, denial of certain operations,
shortening or reducing the size of structures, and increasing the width of non disturbance buffers.
B. Shoreline Structures.
The following standards are required for all operations relating to shoreline structures on residential properties.
Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements
given the water dependent nature of their use.
(1)
Bulkheads, Retaining Walls, Revetments and Gabions.
(a) Only in place replacement of existing functional bulkheads (as defined in § 97-11) is
permitted. In-kind replacement relates to the position and dimensions and does not necessarily
require or allow for the use of the same materials. At their discretion, the Board may allow for a
one time projection of the replacement structure seaward of the original, only if such placement
xvill not project the proposed structure seaward of adjacent, neighboring structures and if the
proposed installation is in close proximity to the original structure. Any subsequent repair or
replacement following the first replacement requires the structure to be built on or landxvard of
the original structure.
(b) Bulkheads on the Sound shall only be permitted when the likelihood of extreme erosion
is demonstrated and it shall not increase erosion on neighboring properties.
(c) Bulkheads on the Sound must be armored with stone.
(d) All bulkhead construction and renovation work requires the establishment of a permanent
non-turf buffer as defined by § 97-11.
(e) Retaining walls are not permitted unless excessive erosion can be demonstrated.
(f) In order to prevent the release of metals and other contaminants into the wetlands and
waters of Southold, the use of lumber treated with chromated copper arsenate (also known as
"CCA"), creosote, penta products or homemade wood preservatives is prohibited for use in
sheathing and decking. Preservatives of any type including but not limited to those listed above
cannot be applied to any bulkheads, retaining walls or revetments after installation. These
restrictions do not apply to structures proposed landward of the wetland boundary.
(g) The use of tropical hardxvoods is not permitted unless it is certified by the Forest
Stewardship Council or similar organization.
(h) New bulkheads in creeks and bays are prohibited, unless the operation involves
construction of a low-sill bulkhead.
(i) Machine excavation is prohibited in tidal and freshwater wetland areas.
C. In Water.
The following standards are required for all in water operations adjacent to residential properties. Operations
copducted on properties zoned Mi~l~. M2 may be given greater flexibility in ~t,,cse requirements given the water
dependent nature of their use.
(1) Jetties and Groins.
General Rules
(a) Only low-profile jetties as defined in § 97-11 will be permitted
(b) Only in place replacement of existing low-profile functional jetties and groins (as defined
in § 97-11) is permitted.
(c) Pre-backfilling of jetties and groins may be required.
(d) In order to prevent the release of metals and other contaminants into the wetlands and
waters of Southold, the use of lumber treated with chromated copper arsenate (also known as
"CCA"), creosote, penta products or homemade wood preservatives is prohibited for use in
sheathing and decking. Preservatives of any type including but not limited to those listed above
cannot be applied to any jetty or groin after installation
(e) The use of tropical hardwoods is not permitted unless it is certified by the Forest
Stewardship Council or similar organization.
(f) No new jetties or groins will be permitted unless the work results in a net decrease in the
total number of jetties in the subject area.
(2) Docks
(a) Standards for Residential and Commercial Docks
It shall be the policy of the Town of Southold that all docks shall be designed, constructed and
located so as to reduce a dock's potential adverse impacts to navigation, public safety, xvate~vay
congestion, access to public trust lands and water, and natural resources and habitats. The
following standards will serve as a basis for granting, denying, or limiting permits for the
construction of docks.
General Rules
1. No dock shall be constructed, altered or removed xvithout a permit issued by the
Southold Town Trustees. In determining whether to approve such application, the
Trustees shall consider the factors contained in paragraph § 97-27d, below and all other
provisions of this laxv.
2. All docks shall be constructed of sturdy, durable and stable materials capable of
maintaining position and location, supporting pedestrian traffic, and resisting lateral loads
resulting from wind, wave, and impact forces. Docks shall be constructed, where
possible, to permit the free circulation of water, reduce the effects of fluctuating water
levels, and prevent adverse modification of the shoreline. Applicants shall certify as to
the structural integrity of the dock so as not to cause a threat to the person or property of
others.
3. In order to prevent the release of metals and other contaminants into the wetlands
and waters of Southold, the use of lumber treated with chromated copper arsenate (also
lmown as "CCA"), commercial copper quat (CCQ), creosote, penta products or
homemade ~vood preservatives is prohibited for use in sheathing and decking. Similarly,
the use of tropical hardxvoods is prohibited unless it is certified by the Forest Stewardship
2o
Council or sY~iilar organization. Materials used for structural components shall be
determined at the discretion of the Trustees.
4. All docks and gangways onto such docks shall provide a safe pedestrian surface at
all times.
5. All docks, including any vessel tied to the dock, shall have a minimum clearance
of fifteen (15) feet of the seaward extension of any property line from adjacent parcels so
as not to interfere with the neighbor's access to xvaters, unless the Trustees decide
otherwise for navigational or other reasons. Waterside boundaries can be identified using
the appropriate method for the shape of the shoreline for Long Island waters specified in
9 NYCRR 274.5.
6. All docks and floats shall have the appropriate permit number permanently
affixed to the most seaward face for identification. Said numbers shall be at least three
(3) inches high and constructed of metal, wood, plastic or other material such that they
can withstand exposure to the elements and are visible from the ~vater.
7. Except for structures used for water dependent uses, there shall be no permanent
structure located on or above the docks, ramps and floats.
8. Any application for a dock to be constructed at the end of a fight of way or
commonly-held land requires the whtten consent of all parties having an interest in the
right of way, regardless of how property interests in the upland parcel may be divided
among the oxvner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or
entity(ies) xvith a legal or beneficial interest in any existing or proposed docking facility.
9. All applicants for docks, including catxvalks and ramps, extending across the
foreshore shall be required to give and maintain a public passing way, on the upland, not
less than five (5) feet in width, to enable persons to pass and repass around said dock or
by steps or a ramp allowing pedestrian passage.
10. Pre-existing non-permitted and/or non-conforming structures cannot be replaced
in kind without full reviexv and approval by the Trustees.
Co)
Dock Locations and Lengths
1. No dock shall be erected or extended if, in the opinion of the Trustees, such
structure would adversely affect navigation, fisheries, shell fisheries, scenic quality,
habitats or wetland areas.
2. Within creeks and other narrow waterways, no dock length shall exceed Id3 the
total xvidth of the water body. Determination of the length of the dock must include the
dimensions of the vessel.
3. Prohibited Locations and Activities
[a] Given the unique and sensitive natural environmental characteristics
described in the Town of Southold Local Waterfront Revitalization Plan and the
New York State Department of State Significant Habitat descriptions, no new
21
(c)
(d)
doc dl be permitted, over vegetated wetlann~ or such that it causes habitat
fragmentation of vegetated wetlands, in Downs Creek, Hallocks Bay,
Hashamomuck Creek and Pond and West Creek
[bi Machine excavation is prohibited in tidal or freshwater wetland areas.
[c] Placement of fence, mesh or other material preventing passage under
docks is prohibited.
Id] Floating docks, other floats and dock components and duck blinds shall
not be stored on tidal wetlands, other intertidal areas or freshwater wetlands.
Regulations for the Placement and Configuration of Docking Facilities
1. Residential Docks:
[a] Only one dock or mooring is permitted per residential lot.
[b] If any part of a residential dock structure includes a float or floating dock,
the float or floating dock portion shall be designed so that, with the exception of
the pilings,
1. it is no larger than six (6) feet wide and twenty (20) feet long
except on Fishers Island if the need is demonstrated;
2. no part of the floating dock will contact the bottomland during a
normal low tide.
[c] In detemfining the permitted length of a proposed residential dock the
Trustees shall seek to maintain lengths consistent with the other docks (i.e., pier
line) in the waterway xvhich meet the requirements of this law.
[d] Pilings shall not project more than three (3) feet above the surface of a
dock or catwalk unless a need for greater height is demonstrated.
[e] All excess fill from installation of pilings must be removed from tidal or
freshwater wetland area on the same day as installation and disposed of in an
approved upland disposal area.
[f] Tie offpoles associated with residential docks will only be permitted to
secure one (1) vessel. If the dock utilizes a float the poles shall not project farther
seaward than the outer edge of the float. Ifa float is not used the pole(s) can be
situated seaward of the end of the dock sufficient to secure the vessel.
[g] Only one hand rail is permitted on a residential dock unless the need for
two is demonstrated. Rails shall not be higher than three (3) feet above the
surface of the dock and posts shall not be placed closer than 6 feet on center or
larger than 4"x4' in dimension.
[h] Residential catwalks and ramps are limited to four (4) feet in width.
[i] Residential boatlifts are prohibited.
2. Commercial Docks (Marinas, Yacht Clubs and Restaurants):
Given the xvater dependant nature and economic benefit of properties zoned as MI and
M2, dock design constraints and placement restrictions xvill be given greater flexibility
than would otherwise be allowed for residential uses.
[al Construction of new marinas and additions to existing marinas shall
require establishment ora pump-out facility for vessel sanitary waste.
Review and Approval of Dock Applications
22
·
1. Before issuing a permit for a dock structure, the Trustees shall consider whether
the dock will have any of the following harmful effects:
[a] Whether the dock will impair navigation or be located in areas of high
vessel traffic or vessel congestion;
[b] Whether the dock ~vill unduly interfere with the public use of water~vays
for swimming, boating, fishing, shellfishing, waterskiing and other water
dependant activities;
[c] Whether the dock will unduly interfere with transit by the public along the
public beaches or foreshore;
[dj Whether the dock will significantly impair the use or value of waterfront
property adjacent to or near the dock;
[e] Whether the dock will cause degradation of surface ~vater quality and
natural resources;
[f] Whether the dock will cause habitat fragmentation and loss of significant
coastal fish and ~vildlife habitats;
[g] Whether the dock will result in the destruction of or prevent the growth of
vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon
grass (Ruppia maritima) or shellfish;
[i] Whether the dock will unduly restrict tidal flow or water circulation;
[j] Whether the dock will be safe when constructed;
[k] Whether the dock will adversely affect viexvs, viewsheds and vistas
important to the community;
[1] Whether the cumulative impacts of a residential and commercial dock will
change the waterway or the environment and whether alternate design,
construction, and location of the dock will minimize cumulative impacts; and
[m] Whether adequate facilities are available to boat owners and/or operators
for fueling, discharge of waste and rubbish, electrical service and water service
(3) Dredging.
(a)
Creeks:
(1) Maintenance dredging (as defined in § 97-11) only is permitted, unless applicant
owns underwater land or applicant is requesting permission to dredge in connection with
installation of low sill bulkheads.
(2) Dredging may be permitted when it can be demonstrated that the actions of man
have resulted in impairment to water quality or habitat value.
(3) Dredging in, or in close proximity to salt marsh vegetation (Distichlis spicata,
Spartina alterniflora or Spartina patens) or seagrass (Ruppia maritia or Zostera marina)
meadows is prohibited.
(b)
Freshwater wetlands:
(1) Dredging of freshxvater ponds may be permitted when it can be demonstrated that
such action will restore the waterbody to a historic condition, improve water quality or
habitat value.
§ 97-28. Standards for issuance of permit.
The Trustees may adopt a resolution directing the issuance of a permit to perform operations applied for only if
it detern~ines that such operations will not substantially:
A. Adversely affect the wetlands of the town.
23
F.
G.
H.
I.
J.
Cause damage from erosio~/~rbidity or siltation.
Cause saltwater intrusion into the fresh water resources of the town.
Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation or
the natural habitat thereof.
Increase the danger of flood and storm-tide damage.
Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town.
Change the course of any channel or the natural movement or flow of any waters.
Weaken or undermine the lateral support of other lands in the vicinity.
Otherwise adversely affect the health, safety and general welfare of the people of the town.
Adversely affect the aesthetic value of the wetland and adjacent areas.
§ 97-29 Certificate of Compliance. A certificate of compliance shall be issued by the Trustees prior to use or
occupancy ora structure, which has been erected, enlarged, or altered pursuant to the issuance of a permit in
this Chapter.
§97-30. Transferability.
A permit issued pursuant hereto shall not be transferred or assigned without the prior approval and review of the
Trustees. The fee for transferring said permit shall be fifty ($50.00) dollars.
ARTICLE III, Administration and Enforcement
§ 97-3 l. Coordination and Enfomement
The Director of Code Enfomement and/or the Bay Constable are responsible for coordination and enfomement
of the provisions of this chapter. The Director of Code Enforcement and Bay Constables have the authority to
issue violations of this Chapter.
§ 97-32. Notice of violation.
A. Whenever the Director of Code Enforcement or Bay Constable have reasonable grounds to believe that
operations regulated hereby are being conducted in violation of the provisions of this chapter or not in
compliance with a permit issued pursuant to this chapter, he may notify the owner of the property, or the
owner's agent or the person performing such operations, to suspend all operations; and any such person shall
forthwith cease operations until such notice of violation has been rescinded.
B. Such notice shall be in writing, shall specify the violation and shall state the conditions, which must be
complied with and the time within which compliance must be completed before operations may be resumed.
Such notice shall also inform the person to whom it is directed of his right to apply for a hearing before the
Trustees, as hereinafter provided.
C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or
by posting the same in a conspicuous place on the premise where operations are being conducted and mailing a
copy thereof to such person by certified mail to his last knoxvn address.
D. The Director of Code Enforcement or Bay Constable may extend the time of compliance specified in the
notice of violation where there is evidence of intent to comply within the time specified and conditions exist
which prevent immediate compliance.
E. In the event that the person upon whom a notice of violation has been served shall fail to comply with
said notice within the time specified therein or within the time specified in any extension of time issued by the
24
Director of Code Enforcement
be deemed revoked.
or'ay Constable, any permit issued to such person pursuant to this chapter shall
F. It shall be unlawful for any person served with a notice of violation pursuant to § 97-3 lC to fail to
comply with such notice.
§ 97-33. Hearing on violation.
A. Any person affected by a notice of violation issued pursuant to the preceding section hereof may request
and shall be granted a heating before the Trustees, provided that such person shall file a written request therefor
with the Clerk within ten (10) days after service of the notice of violation. Such request shall have annexed
thereto a copy of the notice of violation upon which a heating is requested and shall set forth the reasons why
such notice of violation should be modified or rescinded.
B. The Clerk shall present such request to the Trustees at its next regular meeting. The Trustees shall set a
time and place for such hearing and shall give the person requesting the same 'at least five (5) days' notice of
the time and place thereof.
C. At such heating, the person requesting the same, or his representative, shall be given an opportunity to
show cause why such notice of violation should be modified or rescinded. After such hearing, the Trustees may
sustain, modify or rescind such notice of violation, or revoke any permit previously issued, and shall specify the
reasons therefore.
D. The notice of violation for xvhich a hearing is requested shall continue in effect pending the heating and
determination of the Trustees.
§ 97-34. Compliance requirements and penalties for offenses.
A. It shall be unlaxvful for any carter, oxvner, occupant, builder, architect, contractor or their agents or any
other person to fail to comply xvith any provisions of this chapter or to fail in any manner to comply with a
xvritten notice, directive or order of the Director of Code Enforcement or Bay Constable or to conduct any
operation in a manner not in compliance with a pemfit issued pursuant to this chapter.
B. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto,
or failure to comply with a ~vritten notice or order of any Director of Code Enforcement or Bay Constable
~vithin the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their
agents or any other person ~vho commits, takes part or assists in the commission of any such offense or who
shall fail to comply with a ~vfitten order or notice of the Director of Code Enforcement or Bay Constable shall
be subject to the following fine schedule. Each day on which such violation occurs shall constitute a separate,
additional offense.
(1) Failure to obtain a permit. Any person conducting operations within the jurisdiction of the
Trustees ~vithout first obtaining a permit according to the procedures outlined in this chapter shall be
subject to fine of not less than $1,000 and not more than $4,000 or a term ofimprisomnent of not less
than fifteen (15) days nor more than six (6) months, or both;
(2) Failure to comply xvith the terms of a permit. Any person failing to comply with the terms of a
permit shall be subject to fine of not less than $500 and not more than $1,000. For each subsequent
offense, the violator shall be guilty of a misdemeanor punishable by a fine not less than $1,000 nor more
than $2,000 or a term of imprisonment of not less than~fifteen (15) days nor more than six (6) months, or
b~oth;
25
(3) Failure to heed a cease and desist order. Any person conducting operations in direct
contradiction to the terms of a cease and desist order shall be subject to fine of not less than $I000 and
not more than $2,000. For each subsequent offense, the violator shall be guilty of a misdemeanor
punishable by a fine not less than $1,000 nor more than $2,000 or a term of imprisonment of not less
than fifieen (15) days nor more than six (6) months, or both;
(4) Restoration. In lieu or in addition to these punishments, any offender may be punished by being
ordered to restore the affected wetland to its condition prior to the offense. Any such order shall specify
a reasonable time for the completion of such restoration, which shall be effected under the supervision
of the approving authority. The Trustees reserve the right to require specific re-planting and restoration
methods.
(5) Mitigation. When on-site wetlands restoration and creation may be unfeasible due to technical
or other constraints, other mitigative measures such as off-site wetland restoration or creation may be
required.
C. No new permits will be issued to any carter, owner, occupant, builder, architect, contractor or their
agents if they are named as defendants in an outstanding or unresolved wetland violation.
D. In addition to the above-provided penalties, the Trustees may also, if authorized by the Town Board,
maintain an action or proceeding in the name of the toxvn in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this chapter.
III. 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.
1V. Effective date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
26
(Complete the certii~i~ln the paragraph that applies to the filinn~l~of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 6 of 20 04 of the
(Czun.~')(C!.~')(Town) Od.i~,h~) of SOUTHOLD was duly passed by the
TOWN BOARD on February 24 ~ 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 laxv 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 law No. of 20__
of the (County)(City)(Toxvn)(Village) of was duly passed by the
on 20 , and ~vas (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 xvith 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 laxvs or ordinances.
27
5. (City local law concerning Char~r reviston proposed by petition.)
I hereby certify that the local la~v 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 the C(~ty legisla~[ive body. CityL/fowa or 'village Clerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
(Seal) Date: __March 2, 2004
(Certification to be executed by County. Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of Iocalit3'.)
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~ed hereto.
Patncla A. Finne~__s~., T ttornev
Title
Toxvn of
SOUTHOLD
Date:
March 2, 2004
28
SOUTHOLD TOWN BOARD
PUBLIC HEARING
February 24, 2004
8:00 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO A NEW CHAPTER 97 'WETLANDS
AND SHORELINE' OF THE CODE OF THE TOWN OF SOUTHOLD'
Present: Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that there has been presented to the
Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of January 2004 a
Local Law entitled "A Local Law in relation to a new Chapter 97 'Wetlands and Shoreline' 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 heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,
New York, on the 24th day of February 2004 at 8:00 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 new Chapter 97 'Wetlands and
Shoreline' of the Code of the Town of Southold" reads as follows:
LOCAL LA W NO. 2004
A Local Law entitled "A Local Law in relation to a new Chapter 97 'Wetlands and Shoreline' of the
Code of thc Town of Southold"
BE IT ENACTED by thc Town Board of thc Town of Southold, as follows:
I. Purpose- Thc Town of Southold possesses a rich heritage of scenic, historic and natural
resources which are vital to the town's sense of place and to its economic success as a community.
The upland acreage of Southold Town, including Fishers Island, is approximately 34,369
thousand acres with approximately 163 linear miles of shoreline. This acreage is bounded to the north
by thc nationally recognized estuary of Long Island Sound and to thc south by thc nationally
recognized Pcconic Bay Estuary. Tmstcc jurisdiction under thc Andros Patent encompasses more than
2,000 acres of andcnvatcr lands, not including Soand and bayfront owned by the State of New York.
The local economy is based on two traditional industries and a third, newer, but strong industry:
farming, recreational and commercial fishing and tourism/second homes. The economy is based
squarely on a unique, extraordinarily beautiful and productive environment that is both fragile and
sensitive. Protection of that environment therefore is of utmost importance to the Towns financial
February 24, 2004 2
Public Hearing - Chapter 97
health and long-term future. Rapid growth, the spread of development and increasing demands upon
natural resources are encroaching upon or eliminating many of the Town wetlands and patent lands,
which, if preserved and maintained in an undisturbed and natural condition, constitute important
physical, social, aesthetic, recreational and economic assets to existing and future residents of the
Town of Southold.
The comprehensive planning objectives of the Town of Southold am: 1) the preservation of
Natural Resources; 2) preservation of Open Space and Recreational Space; 3) preservation of the
Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; and 4)
the preservation of farmland and agriculture. In August 2002 the Town of Southold adopted a
moratorium on the review and granting of major and minor subdivisions and approvals for
multidwelling development. The purpose section of that moratorium stated in part that "The Town
Board finds that increased growth and development within the Town of Southold are placing severe
pressure on water supply, agricultural lands, open and recreational space, the rural character of the
community and natural resources located within the Town."
One of the primary tools implemented by the Town to protect its natural resources is Chapter
97 (entitled "Wetlands") o f the Southold Town Code. The existing laws and procedures set forth in
Chapter 97 should have the practical effect of ensuring that new development and redevelopment are
in accordance with the Town's comprehensive planning objectives. Unfortunately the practical reality
is that the laws set forth in Chapter 97 did not have the effect of protecting wetlands and wetland
boundaries.
Two critical studies and analysis which include the Town's wetlands, wetland boundaries and
natural resoumes are 1) the Town's Local Waterfi-ont Revitalization Program (LWRP) and 2) the
Peconic Estuary Comprehensive Management Plan.
After years of study, fact gathering and writing, the LWRP tbr the Town of Southold and the
Comprehensive Peconic Estuary Management Plan have been adopted. The LWRP is a
comprehensive plan for the entire Town. As waterfront land has, in certain instances, been
inappropriately developed, Town waters and habitats have been negatively impacted. One example of
this is the closure of shell fishing areas such as Mattituck Creek and James Creek due to an increase of
coliform bacteria from septic systems and stormwater runoff, to name just two sources.
There has been a significant increase in the applications for and the numbers of fixed and
floating piers and docks accessory to upland residential and other uses. Most of these structures and
the uses they support are on and in publicly owned land and waters and always have some effect on
physical, biological, ecosystem functions and values, development patterns and the aesthetic character
of the area. Therefore it is essential to regulate the type and placement of such structures.
The Board of Trustees and the Town have used the moratorium time during the year 2003 and
early 2004 to evaluate the current status of the wetlands areas and regulations in order to minimize
damage from erosion, turbidity or siltation, saltwater intrusion, loss offish, 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 tbr 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 Town and the Board of Trustees have considered and implemented the
LWRP and the best land use techniques for protecting its waterfront resources.
February 24, 2004 3
Public Heating - Chapter 97
The Town Board declares that it is necessary to regulate the type and placement of fixed and floating
piers and docks for the protection, preservation, proper maintenance and use of its waters and
wetlands. Docks shall be regulated in order to maintain and contribute to the following resource area
values and the attributes and functions they possess: erosion and sedimentation control; storm damage
prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat;
agriculture; aesthetics; and recreation. In addition, the following resource area values also shall be
maintained and protected including: protection and enhancement of existing vegetation cover in order
to maintain water quality and wildlife habitat; protection of wildlife, waterfowl, and plant habitat and
the maintenance of existing populations and species diversity; prevention of loss or degradation of
critical wildlife and plant habitat; navigation; public access to water and land; and the minimization of
the impact of nexv development, reconstruction and/or expansion on the resource area values listed
above.
This moratorium addressed the fact that new growth in the form of new structures on existing
waterfront lots and underwater lands poses a similar potential to impair the Town's unique
environment, geology and hydrology. Many of the Town's existing waterfront lots, whether they be
vacant or developed, residentially or commercially zoned, do not conform to current zoning in that
they are smaller than the minimum required acreage. Therefore, the development and redevelopment
of these lots is of utmost concern because these activities have the potential to cause further harm to
the coastal environment. This moratorium has enabled the Town and the Trustees to focus on crafting
and implementing a strategy and a working code to ensure that the comprehensive planning objectives
of the Town are met. This is 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.
II. Chapter 97 of the Code of the Town of Southold is hereby amended as follows:
The existing Chapter 97 is stricken in its entirety and replaced with the following:
Chapter 97, WETLANDS AND SHORELINE
GENERAL REFERENCES
Boats, docks and wharves -- See Ch.32.
Environmental quality review -- See Ch.44.
Flood drainage prevention -- See Ch.46.
Shellfish -- See Ch.77.
Soil removal -- See Ch.81.
Zoning -- See Ch. 100.
Subdivision of land -- See Ch. A106.
Coastal erosion -- See Ch. 37.
ARTICLE I, General Provisions
§ 97-10. Title.
This chapter shall be known and.may be cited as the "Wetlands Law of the Town of Southold."
§ 97-ll. Definitions. ,
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the
meaning given herein. When not inconsistent with the context, words in the present tense include the
future; words used in the plural number include the singular number; and words used in the singular
number include the plural number. The word "shall" is al~vays mandatory and not directory.
ACCESSORY STRUCTURE - A building or structure detached from a principal building located on
the same lot as and customarily incidental and subordinate to the principal building.
AESTHETICS - The natural intrinsic appearance ora site or object in the context of surrounding land
use~ views, viewsheds and vistas important to the community.
February 24, 2004 4
Public Heating - Chapter 97
ADMINISTRATIVE PERMIT - A permit intended to provide an expedited review for projects that
are deemed consistent with the Trustee's policy regarding protection of wetland resources.
AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of all
plants and animals useful to man, including but not limited to forages and sod crops; grains and seed
crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle,
sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding
and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds,
including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands
devoted to a soil conservation or forestry management program.
APPLICANT - The party applying for permits or other approval pursuant to Chapter 97.
APPLICATION - The completed form or forms and all accompanying documents, exhibits, and fees
required of an applicant pursuant to Chapter 97.
AQUACULTURE - The raising or cultivation of nursery spawn shellfish in artificial containment
systems in, on or offbottom.
AS-BUILT PLANS - Plans prepared to scale by a licensed surveyor detailing any and all operations
conducted according to a valid permit.
BAY - Cutchogue Harbor, Gidds Bay, Great Peconic Bay, Hallocks Bay, Hog Neck Bay, Little
Peconic Bay, Long Beach Bay, Orient Harbor and Southold Bay.
BEACH - The zone of unconsolidated earth that extends landward fi.om the mean low water line to the
seaward toe ora dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward
of a beach the landward limit of a beach is 100 feet landward from the place where there is a marked
change in material or physiographic form from the line of permanent vegetation, whichever is most
seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be
beaches.
BLUFF - Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of
water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature.
Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is
twenty-five (25) feet landward of the receding edge or, in those cases where there is no discernible line
of active erosion, twenty-five (25) feet landxvard of the point of inflection on the top of the bluff. The
"point of inflection" is that point along the top of the bluff where the trend of the land slope changes to
begin its descent to the shoreline.
BLUFF LINE - The landward limit of a bluff that is twenty-five (25) feet landward of the receding
edge or, in those cases where there is no discernible line of active erosion, twenty-five (25) feet
landward of the point of inflection on the top of the bluff. The "point of inflection" is that point along
the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline.
BOAT/¥ESSEL - Any floating object capable of carrying people as a means of transportation in
water, including an airplane capable of landing on water as well as any floating structure not otherwise
considered to be part of a dock structure as defined herein, with or without means of propulsion that
can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or
other fixed device located above or below mean high water. This definition ~excludes floating docks.
BOARD - Unless otherwise indicated, the Board of Trustees of the Town of Southold.
BUFFER AREA A defined area landward of a wetland boundary, coastal erosion hazard line or bluff
line measured as a linear distance, perpendicular to said boundary.
BULKHEAD - A structure or barrier the intended use for which is to separate and act as a bamer
between earthen material and water. This definition excludes gabioos and revetments.
CATWALK - An elevated walkway, usually built to gain access to a commercial or residential dock,
February 24, 2004 5
Public Hearing - Chapter 97
built at a fixed height above grade and which is constructed landward of the high water mark.
CLEARING - Cutting down, felling, thinning, logging or removing, killing, destroying, poisoning,
ringbarking, uprooting or burning vegetation, severing, topping or lopping branches limbs stems or
trunks or substantially damaging or injuring in other ways that would cause or contribute to the death
or affect the survivability and growth of vegetation. This definition also includes removal of dead and
dying vegetation.
CLERK - Unless otherwise indicated, the Clerk of the Board of Trustees.
COASTAL EROSION HAZARD LINE - The landward boundary of the Coastal Erosion Hazard Area
defined by Article 34 of the New York State Environmental Conservation Law.
COMMERCIAL AGRICULTURE - Agriculture (See above) intended to earn an income.
COMMERCIAL DOCK - Any catwalk, fixed or floating dock or extension of such, designed, used
and/or intended for use other than as a residential dock, as defined in this chapter.
CONSERVATION - Protection in natural or existing condition.
CREEKS - Broadwaters Cove, Brushes Creek, Budd's Pond, Cedar Beach Creek, Corey Creek, Dam
Pond, Deep Hole Creek, Down's Creek, East Creek, East Harbor, Goose Creek, Goldsmiths Inlet, Gull
Pond, Hallock's Bay, Halls Creek, Hashamomuck Creek, Haywaters Cove, James Creek, Jockey
Creek, Little Creek, Long Beach Bay, Mattituck Creek, Mattituck Inlet, Mud Creek, Paradise Point
Creek, Pipes Neck Creek, Richmond Creek, Town Creek, West Creek, West Harbor, West l~ake,
Wickham Creek, Wunnewata Eagoon and Wunnewata Pond.
CRITICAL ENVIRONMENTAl AREAS - All sites previously nominated by the Town of Southold
and designated by the New York Sate Department of state as Critical Environmental Areas worthy of
protection including: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient
Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek,
Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes
Cove Creek..
DECK - A structure and/or platform without a roof that is either freestanding or attached to a building
supported by pillars and/or posts constructed of various materials.
DECKING - Horizontal structural components of a dock, deck~ pier or other shoreline structure
intended to be walked upon.
DOCK - Any permanent or seasonal structure, except a building, located or proposed to be located on
lands abutting or comprised of freshwater or tidal wetlands or connected to a bulkhead or the upland
and extending over the water's surface, designed to secure vessels and provide access from the shore to
a body of water. For the purpose of this chapter, this term shall also include the associated structures
necessary to cross wetlands and adjacent natural areas. The term "dock" includes the terms "wharves,"
"piers," "fixed docks," "floating docks," "floats" or "catwalks".
DOCK LENGTH The length of a dock, including all fixed docks, ramps, floating docks and mooring
piles, as measured fi'om the most landward portion of the structure to the seaward-most portion of the
dock or the seaward-most mooring pile, whichever distance is greater.
DUNE - A ridge or hill of loose, windblown or artificially placed earth, the principal component of
which is sand.
EROSION CONTROL - Actions taken or structures installed to prevent the wearing away of the land
or loss of soil by the action of water, ice or wind. Erosion control typically relates to stabilization of
unvegetated soils resulting from excavation, grading, stockpiling, construction or other activities.
FIXED DOCK - An elevated walkway which is constructed at a fixed height above grade and which
extends seaward from the high water mark or a point landward.
FI_OATING DOCK Any structure, raft or floating plattbrm which is designed to float upon the
February 24, 2004 6
Public Hearing - Chapter 97
surface ofa waterbody and is secured in place by poles, pilings, anchors, or any other type of mooring
system that provides access to the water. A floating dock includes the float itself and any pilings or
mooring system designed to keep the dock at a fixed point.
FUNCTIONAL BULKHEAD - A bulkhead that is at least 75 % physically intact and serving the
purposes it was designed for.
FUNCTIONAL JETTY/GROIN - A jetty or groin that is at least 75 % physically intact and serving
the purposes it was designed for.
GABION - A shoreline structure consisting of stone and/or rock enclosed in a mesh cage or similar
designed to stabilize soil or sediments.
GROIN - A manmade ban'ier perpendicular to the shoreline used to change the natural littoral drift,
prevent erosion, maintain inlet entrances, or protect an area fi.om wave energy. See Jetty
HABITAT - The place where a plant or animal species naturally lives and grows; or characteristics of
the soil, water, and biologic community (other plants and animals) that make this possible.
HABITAT FRAGMENTATION - Destruction or impairment of habitat such that it results in breaks in
areas of contiguous habitat. Habitat fragmentation can also cause a greater distance between adjacent
(non-contiguous) habitats. These actions prevent the transfer of organisms, natural materials and
energy within a habitat. Habitat fragmentation can result from the placement of physical barriers
within a contiguous habitat or bet~veen adjacent habitats, but can also occur as a result of removal of
vegetative cover, changes in sediment characteristics and/or changes in hydrology.
HARVESTING The gathering or collecting of natural resources and organisms.
HORTICULTURE The raising of plants (See Agriculture).
IMMEDIATE PROJECT AREA - The minimum area required to allow access to the site by the
machinery conducting the operation.
JETTY -- A manmade barrier perpendicular to the shoreline used to change the natural littoral drift,
prevent erosion, maintain inlet entrances, or protect an area from wave energy. See Groin.
IMPERVIOUS SURFACE - Any hard surfaced, manmade area that does not retain or absorb water
including but not limited to building roofs, paved parking lots and driveways, sidewalks and other
paved areas.
LANDWARD - In the opposite direction from the water or wetland.
LOW-PROFILE JETTIES - The definition of a low profile jetty is site specific, but typically is a
structure no higher than 18-24" above existing soil or sediment grade.
LOW-SILL BULKHEAD - A sub tidal structure designed to stabilize the toe ora slope or shore and
often associated with boat basins or other navigable waterways.
MANMADE POND - A constructed inland body of water including, but not limited to lined and un-
lined irrigation ponds and ornamental ponds.
MAINTENANCE DREDGING - A dredging project will be considered maintenance dredging if there
is documentary evidence that it has been previously dredged.
MARINA - Any dock, pier or other facility operated for profit, or to which public patronage is invited,
providing moorings, dockage or other marine services primarily for power and sailing yachts, launches
or other watercraft, other than floating homes, and which,ma~ also be capable of removing any and all
watercraft moored or docked within the marina from the water tbr repair and/or storage.
MATER[AL - Soil, sand, stone, gravel, clay, bog, peat, mud or any other material, organic or
inorganic.
MEAN HIGH WATER (MHW) - The average of all the water heights observed over the most
previous 19 year period.
February 24, 2004 7
Public Heating - Chapter 97
MEAN LOW WATER (MLW) - The average of all the low heights observed over the most previous
19 year period.
MONOPOLIZE - The use for an unreasonable period of time to the exclusion of others or to
unreasonably restrict or obstruct the use of any public bulkhead, dock or landing owned or controlled
by the Town of Southold.
MOORING - Anchoring for greater than 24 hours.
NON DISTURBANCE BUFFER - An area, typically fifty (50) wide, immediately landward of the
wetland boundary, shoreline structure, or other line designated by the Trustees where no operations,
maintenance or other activities can take place.
NON TURF BUFFER - Any pervious, material allowing for percolation of surface runoffinto the soil,
Examples include: natural vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed if
they are level or pitched away from the water, are pervious to precipitation and are constructed of
materials other than treated lumber. Any and all runoff generated by such structures must be allowed
to percolate into the ground directly below the structure. Fertilizers may not be used within the non
turf buffer area.
OPERATIONS -
A. The removal of material from wetlands or otherwise within Trustee jurisdiction.
B. The deposit of material on wetlands or otherwise within Trustee jurisdiction.
C. The erection, construction, alteration or enlargement of any building, dock, pier, wharf,
bulkhead, jetty, groin or other structure, temporary or permanent, on wetlands.
D. Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee
jurisdiction.
ORDINARY AND USUAl_ MAINTENANCE - Actions which are required to preserve in a condition
or state of equivalent quality to that which was approved or required by permit.
ORIGINAL STRUCTURE - The earliest known, permitted or otherwise documented structure.
PATENT l_ANDS - All uplands and underwater lands owned in fee title by the Trustees by virtue of
the Andros Patent (October 31, 1676).
PEAK LUNAR TIDES - Those excessively high tides or spring tides caused by lunar gravitational
phenomena.
PERSON - Any individual, any combination of individuals, firm, partnership, association, society,
corporation, joint-stock company, company, organization or other legal entity of any kind, including
municipal corporations or governmental agencies or subdivisions thereof.
PIER - A fixed structure to secure vessels, unloading or loading persons or property or providing
access to the water. See Wharf.
PIER LINE - The average seaward projection of one or more existing permitted docks, piers~ wharves
or floats. The average seaward projection is calculated by adding the length of all docks within the
immediate area and dividing by the number of said docks.
PI_ATFORM - See Deck.
POND - An inland body of water.
PRE-EXISTING NON-PERMITTED AND/OR NON-CONFORMING STRUCTURES - A structure,
use or lot that is not otherwise permitted but which is allowed to continue solely because it was
lawfully existing prior to the effective date of the original law or ordinance or prior to any subsequent
amendment, as the case may be. Any determination of lawful existence must at least include a review
of prior land use laws and ordinances.
PROACTIVE RESTORATION - Restoration undertaken solely for the benefit of the natural
environment and not associated with compensatory mitigation or other regulatory requirements.
February 24, 2004 8
Public Hearing - Chapter 97
Proactive restoration typically includes planting of beneficial native vegetation (i.e. vegetative
enhancement) in a natural setting at a time, place and in a position that are conducive to future survival
and growth.
RESIDENTIAL - Associated with a single or multiple family home, apartment or condominium,
excluding marinas and public property.
RESIDENTIAL DOCK - Any catwalk, fixed dock and/or floating dock designed or constructed as a
continuous unit to provide access to the surface waters fi.om a lot that is zoned for residential use. The
term dock shall include all associated structures such as ramps and mooring piles.
RESIDENTIAL HORTICULTURE - The raising of plants for ornamental purposes on residential lots.
RESOURCE BUFFER AREA - A buffer area with specific quantifiable natural resource value.
RETAINING WALL - A bulkhead landward of the wetland boundary.
REVETMENT - A shoreline hardening structure landward of the wetland boundary typically
constructed of rock or stone. See Gabion.
RIPRAP - A layer, facing or protective mound of rubble or stones randomly placed to prevent erosion,
scour, or sloughing ora structure or embankment; also the stone used for this purpose.
SETBACK - The minimum distance by which any building, structure or operations must be separated
fi.om a wetland boundary, coastal erosion hazard line or bluff line.
SHEATHING - Vertical structural components of a bulkhead or retaining wall necessary to keep soil
and sediment from passing through the structure.
SHORELINE STRUCTURE - Any intentionally constructed structure on the shore composed of
manmade or natural materials. See Structure.
SILT BOOM - A structure deployed within the water column that is designed to prevent passage of
suspended sediments and contaminants from spreading from the immediate project area to surrounding
waters. Properly installed, silt booms completely surrounds the project area.
SOUND - Long Island Sound, Fishers Island Sound and Block Island Sound
SPAWNER SANCTUARY - An area of bottom designated by the Trustees for the purpose of
protecting and enhancing shellfish populations for a specific period of time.
SPLIT-RAIL FENCE - A linear fence structure composed of posts and rails.
STRUCTURAL COMPONENTS - Pilings, deadmen, rails, whalers and other significant components
used to hold together and anchor docks, piers, wha~'es, jetties, groins and other shoreline structures.
STRUCTURE - Any object constructed, installed or placed in, on or under land or water, including
but not limited to a building; permanent shed; deck; in-ground and aboveground pool; garage; mobile
home; road; public service distribution, transmission or collection system; tank; dock; pier; wharf;
groin; jetty: seawall; bulkhead; breakwater; revetment; artificial beach nourishment; or any addition to
or alteration of the same.
SUBTIDAL Existing at or below mean low water.
TIDAL WATERS All waters bordering on or within the boundaries of the Town of Southold subject
to fluctuation in depth from peak lunar, storm or normal tidal action, and including but not limited to
all brackish and salt waters of streams, ponds, creeks, estuaries, sounds, bays and inlets.
TOWN - The Town of Southold.
TOWN WATERS - All the waters lying over Patent Lands (See definition).
TROPICAL HARDWOOD Any of a number of species of hardwood harvested from areas situated
in the tropics (the region on either side of the equator).
TRUSTEES - The Board of Trustees of the Town of Southold.
February 24, 2004 9
Public Heating - Chapter 97
VEGETATED WETLANDS - Any and all wetland types supporting or capable of supporting
emergent, submerged or floating-leaved vegetation as described in Chapter § 97-11. "WETLANDS
(FRESHWATER)" and "WETLANDS (TIDAL)."
WHARF - See Pier.
WATER-DEPENDENT USES - An activity which can only be conducted on, in, over or adjacent to a
water body because such activity requires direct access to that water body, and which involves, as an
integral part of such activity, the use of the water. The uses include, but are not limited to commemial
and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail
and wholesale fish marketing facilities, waterfi'ont dock facilities, shipyards and boat building
facilities, navigation aides, basins and channels, industrial uses dependent upon water-borne
transportation or requiring large volumes of cooling or processing water and which cannot reasonably
be located or operated at an inland site, and uses which primarily provide general public access to
marine or tidal waters.
WETLAND BOUNDARY OR BOUNDARIES OF WETLAND - Wetland ecosystems generally
posses three essential characteristics: (1) hydrophytic vegetation, (2) hydric soils, and (3) wetland
hydrology. The wetland indicator status of all plants can be found in The National List of Plants that
Occur in Wetlands (USFWS). The wetland boundary is most easily determined by defining the outer
limit of the vegetation specified in the definition of freshwater, brackish or tidal wetlands. The wetland
boundary is to be defined and flagged at the point where existing wetland indicator species no longer
have a competitive advantage over upland species. Wetland and upland plants will mix together at this
transition zone. For freshwater wetlands that frequently lack standing water (shrub swamps, deciduous
swamps, coniferous swamps and wet meadows) vegetation alone may not be adequately diagnostic for
identification ofawetland boundary. In these wetland types, field verification of wetland hydrology
and/or hydric soils might be required to define the boundary. The methodology used to determine this
boundary shall be the same methodology utilized in the New York State Department of Environmental
Consetwation (NYSDEC) Technical Methods Statement relating to the Freshwater Wetlands Act.
WETLANDS (FRESHWATER)
A. "Freshwater wetlands" as defined in Article 24, Title 1, § 24-0107, Subdivisions l(a) to l(d)
inclusive, of the Environmental Conservation Law of the State of New York; or
B. All lands and waters in the town which contain any or all of the following:
( 1 ) Lands and submerged lands commonly called "marshes," "swamps," "sloughs," "bogs"
and "flats" supporting aquatic or semi-aquatic vegetation of the following types:
(a) Wetland trees which depend upon seasonal or permanent flooding or sufficiently
water-logged soils to give them a competitive advantage over other trees, including,
among others, red maple (Acer rubrurn), willows (Salix spp.), black spruce (Picea
mariana); swamp white oak (Quercus bicolor), red ash (Fraxinum pennsyh'anica),
black ash (Fraxinus nigra), silver maple (Acer saccharinurn), American elm (Ulmus
americana) and larch (Larix laricina);
(b) ~ Wetland shrubs which depend upon seasonal or permanent flooding or
sufficiently water-logged soils to give them a competitive advantage over other shrubs,
including, among others, alder (Alnus spp.), buttonbush (Cephalanthus occidentalis),
common winterberry (Ilex verticillata ) leatherleaf ( Chamaedaphne calyculata ), and
swamp azalea (Rhododendron viscosum);
(c) Emergent vegetation, including, among others, cattails (Typha spp.),
pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra
virginica), arrowheads (Sagittaria spp.), common reed (Phragmites australis), wildrice
February 24, 2004 10
Public Heating - Chapter 97
( Zizania aquatica ), bur-reeds ( Sparganium spp. ), purple loosestrife ( L ythrum salicaria ),
swamp loosestrife {Decodon verticillatus) and water plantain (Alisma plantago-
aquatica );
(d) Rooted, floating-leaved vegetation, including, among others, water-lily
( Nvmphaea odorata), water shield ( Brasenia schreberi) and spatterdock (Nuphar spp.);
(e) Free-floating vegetation, including, among others, duckweed (Lemna spp.), big
duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.);
(f) Wet meadow vegetation which depends upon seasonal or permanent flooding or
sufficiently water-logged soils to give it a competitive advantage over other open land
vegetation, including, among others, sedges (Carex spp.), rushes (duncus spp.), cattails
( Typha spp.), rice cut-grass (Leersia oryzoides), reed canary grass (Phalaris
arundinacea), swamp loosestrife (Decodon verticillatus) and spikerush (Eleocharis
spp.);
(g) Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum
spp. ), bog rosemary (Andromeda glaucophylla ), leatherleaf ( Chamaedaphne
calyculata), pitcher plant (Sarracenis purpurea) and cranbenSes (Vaccinium
macrocarpon and I'~ oxycoccos); or
(h) Submergent vegetation, including, among others, pondweeds (Potamogeton
spp.), naiads (Najas spp.) bladderworts (Utricularia spp.), wild celery (I"'al/isneria
americana), coontail ( Ceratoph. vllum demersum), water milfoils (Myriophyllum spp.)
muskgrass (Chara spp.), stonewort (Nitella spp.), water weeds (Elodea spp.) and water
smartweed (Polygonum amphibium).
(2) Lands and submerged lands containing remnants of any vegetation that is not aquatic or
semiaquatic that has died because of wet conditions over a sufficiently long period, provided
that such wet conditions do not exceed a maximum seasonal water depth of six feet and
provided further that such conditions can be expected to persist indefinitely, barring human
intervention.
(3) Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as set
tbrth in Subsection B(1) or be dead vegetation as set forth in Subsection B(2), the regulation of
which is necessary to protect and preserve the aquatic and semiaquatic vegetation.
(4) The waters overlying the areas set forth in Subsection B(1) and (2) and the lands
underlying Subsection B(3).
WETLANDS (TIDAL) -
A. All lands generally covered or intermittently covered with, or which border on, tidal waters, or
lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum
depth of five feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or
other low lying lands subject to tidal action;
B. All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or
· may grow some or any of the following: smooth cordgrass (Spartina alterniflora), salt hay grass
(Spartina patens), black grass (duncus gerardii), saltworts (Salicornia spp.), sea lavender (Limoneum
spp.), marsh elder (Iva fi'utescens), groundsel (Baccharis halimfolia)~ marshmallow (Hibiscus spp.)
WIDTH OF CREEK The distance across a creek from mean low water to mean low water,
perpendicular to the main channel directly in front of the subject parcel.
WHALER - Structural member ora bulkhead used to hold the sheathing behind the pilings. Normally
there are top and bottom whalers.
WHARF - See Pier.
February 24, 2004
Public Hearing - Chapter 97
ll
§ 97-12. Declaration of Policy, Jurisdiction and Setbacks.
A. Findings: The Town Board of the Town of Southold finds that rapid growth, the spread of
development and increasing demands upon natural resources are encroaching upon or eliminating
many of its wetlands and patent lands, which, if preserved and maintained in an undisturbed and
natural condition, constitute important physical, social, aesthetic, recreational and economic assets to
existing and future residents-o£the Town of Southold. In addition, there has been a significant increase
in the applications for and the numbers of fixed and floating piers and docks accessory to upland
residential and other uses. Most of these structures and the uses they support are on and in publicly
owned land and waters and always have some effect on physical, biological, ecosystem functions and
values, development patterns and the aesthetic character of the area. Therefore it is essential to
regulate the type and placement of such structures.
B. Purpose: It is the intention of this chapter to ensure for the citizens of the Town of Southold the
protection, preservation, proper maintenance and use of its wetlands giving due consideration to the
reasonable economic and social development of the Town. In addition, the Town Board declares that it
is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks
for the protection, preservation, proper maintenance and use of its waters and wetlands. Therefore, the
Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the
health, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in
order to maintain and contribute to the following resource area values and the attributes and functions
they possess: protection of public and private water supply; groundwater; flood control; erosion and
sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including
spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation.
In addition, the following resource area values shall be maintained and protected: prevention of flood
damage by limiting of development in flood hazard areas; prevention of damage to structures and
natural resources as a result of erosion; improvement of water quality; protection and enhancement of
existing vegetation cover in order to maintain water quality and wildlife habitat; protection of wildlife,
waterfowl, and plant habitat and the maintenance of existing populations and species diversity;
prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater
runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal
ecosystems which support the continued viability of hatw,estable shellfish and finfish habitat; public
access to water and land; improvement of groundwater recharge; and the minimization of the impact of
new development, restoration and/or expansion on the resource area values listed above.
C. Jurisdiction: The following areas are subject to protection under Chapter 97 of the Code of
Southold.
( 1 ) Any freshwater wetland, tidal wetland, beach, dune, flat, marsh, swamp, wet
meadow, bog, or vernal pool;
(2) Any creek, estuary, stream, pond, or lake;
(3) Land under water;
(4) Land subject to tidal action;
(5) Land within 100 feet of the areas listed above.
D. Setbacks: The following minimum setbacks apply to any and all operations proposed on residential
property within the jurisdiction of the Board of Trustees:
( 1 ) Wetland Boundary
(a) Residence - one hundred (100) feet;
(b) Driveway - fifty (50) feet:
(c) Sanitary leaching pool (cesspool) one hundred (100) feet;
February 24, 2004
Public Hearing - Chapter 97
12
(d) Septic tank - seventy five (75) feet;
(e) Swimming Pool and related structures - fifty (50) feet;
(f) Landscaping or gardening - fifty (50) feet;
(2) BluffLine
(a) Residence - one hundred (100) feet;
(b) Driveway one hundred (100) feet;
(c) Sanitary leaching pool (cesspool) - one hundred (100) feet;
(d) Swimming Pool and related structures - one hundred (100) feet;
The Board of Trustees reserves the fight to waive or alter these setbacks where site-specific and/or
environmental conditions justify such action.
§ 97-13. Exceptions.
A. The provisions of this chapter shall not affect or prohibit nor require a permit for the following:
(1) The ordinary and usual operations incidental to the harvesting of fish and shellfish.
(2) The ordinary and usual operations relative to conservation of soil, vegetation, fish and
wildlife landward of the wetland boundary.
(3) The ordinary and usual operations relative to pre-existing commercial agriculture and
horticulture landward of the wetland boundary.
(4) The ordinary and usual operations relative to residential horticulture landward of the
wetland boundary.
(5) The ordinary and usual maintenance or repair (of the same dimensions) of a presently
permitted, existing building, dock, pier, wharf, jetty, groin, dike, dam or other water control
device or structure.
(6) Envirol~mental testing activities, including test borings, small volume soil sampling,
environmental assessment and inventory activities provided such operations do not have an
undue adverse impact on the wetlands and tidal waters of the town.
(7) The ordinary and usual maintenance or repair of a man-made pond as defined in (§ 97-
ll).
(8) Proactive restoration or enhancement projects conducted in cooperation with the
Trustees including, but not limited to, salt marsh restoration, eelgrass plantings or other
vegetative enhancement work.
B. Nothing contained in this section shall alter the jurisdiction of the Southold Town, Board of
Trustees.
ARTICLE ll, Permits
§ 97-20. Permit procedures.
A. Permit required. Notwithstanding any prior course of conduct or permission grante& no person
shall conduct operations on any area within Trustee Jurisdiction (§ 97-12 C) without first obtaining a
written permit therefor issued by the Trustees as hereinafter provided and only while such permit
remains in effect.
B. Administrative Permit. The Administrative Permit review process, is intended to provide for
expedited review for projects that are deemed consi~stent with the Board's policy regarding protection
of wetland resources. [f the proposed operations meet with all the current setback requirements as
defined by § 97-12 and do not pose a threat to the overall function and condition of wetlands or
adjacent buffer areas applicants may request an Administrative Permit review. This review does not
relieve the applicant of providing all the application requirements (§ 97-21 ) or obtaining permits from
other jurisdictions including, but not limited to New York State Department of Environmental
Consei~,ation and United States Army Corp of Engineers. Under the Administrative review process,
February 24, 2004 l 3
Public Heating - Chapter 97
each application will be reviewed by at least one member of the Board. See 97-23H for details of
approval. The following operations will be considered for Administrative review:
(1) Construction, installation or removal of a split-rail fence, open arbor, trellis or other
similar structure, provided that such operation will not have an undue adverse impact on the
wetlands and tidal waters of the town. Concrete footings are not permitted within wetlands.
(3) Removal of any material or structure provided that a project limiting fence and a silt
fence with hay bales is installed to contain disturbance if deemed necessary and provided that
such operations will not have an undue adverse impact on the wetlands and tidal waters of the
town.
(4) Construction of additions to the landward side of an existing functional single-family
dwelling, where such dwelling generally lies parallel to the wetland boundary and provided that
all new and existing runoff is captured on site. Such addition must be less than or equal to 25%
of area (foot print) of the existing structure.
(5) Remodeling, renovation or reconstruction of a structure provided that such activity will
not have an undue adverse impact on the wetlands and tidal waters of the town.
(6) Construction of accessory structures for existing single-family dwellings provided that
such activity will not have an undue adverse impact on the wetlands and tidal waters of the
town and the setback is no less than fifty (50) feet.
(7) Construction or improvement of pervious residential driveways or walkways provided
that such activity will not have an undue adverse impact on the wetlands and tidal waters of the
town.
(8) The demolition, removal, relocation, repair and/or upgrading of existing fuel tanks, fuel
lines, fuel dispensers, cesspools, septic systems, or sanitary wastewater activities, including
necessary site work and provided that such activity will not have an undue adverse impact on
the wetlands and tidal waters of the town.
(9) Construction or installation of drainage structures for the retention of runoff provided
that such structures incorporate the maximum feasible setback from wetlands and provided that
such activity will not have an undue adverse impact on the wetlands and tidal waters of the
town.
(10) Cutting of common reed (Phragmites australis) to within twelve (12) inches of the soil
surface landward of the wetland boundary. This does not include mowing to ground level.
(11) The construction of a permitted bulkhead, which is to replace an existing functional
bulkhead, subject to the following:
(a) that the new bulkhead is constructed substantially similar to the design and
measurement of the existing bulkhead, and
(b) the new bulkhead is in the same location as the existing bulkhead.
Any such activities shall require the addition of a non-turf buffer area not to exceed twenty (20)
feet wide as defined in (§ 97-11).
§ 97-21. Application.
A. Contents of Application. A permit may be Issued upon the written, verified application of the
person proposing to perform operations on wetlands. Six (6) copies of the complete application,
including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such
application shall contain the following intbrmation:
(1) The name and address of the applicant and the source of the applicant's right to perform
such operations (e.g., whether applicant is the owner, lessee, licensee, contractor, etc.). In all
cases where the applicant is not the owner of the premises where such operations are proposed
February 24, 2004
Public Hearing - Chapter 97
14
to be conducted, the notarized consent of the owner, duly acknowledged, must be attached to
said application.
(2) A schedule for the proposed activities with a completion date.
(3) The purpose of the proposed operations.
(4) The amount of material proposed to be removed or deposited, and/or the type, size and
location of any proposed,m'ucture.
(5) A description of the area fi.om which the removal or in which the deposit of material is
proposed, or in which structures are to be erected. The description shall be appropriately
referenced to a permanent reference point or monument.
(6) The depth to which the removal or the deposit of material is proposed throughout the
area of operations, and the proposed angle of repose of all slopes.
(7) The manner in which the material will be removed or deposited, or structures erected.
(8) Such application shall be accompanied by a survey and topographical map, created no
more than one (1) year prior to the date of application, with contours at two-foot intervals,
showing the area from which the removal or in which the deposit of materials is proposed, or in
which structures are to be erected, certified by a registered land surveyor or registered
professional engineer, licensed by the State of New York. Such survey and topographical map
shall show the soundings of the area in which operations are proposed to be conducted. The
horizontal control of said survey shall be based on an approved local coordinate system. The
vertical control for elevations shall be based on the United States Coast and Geodetic Survey
datum.
(9) A statement of the effect, if any, on the wetlands and tidal waters of the town that may
result by reason of such proposed operations.
( l 0) A statement describing any known prior operations conducted on the premises in
question and whether any prior licenses to permits have been issued to erect structures or to
dredge or deposit fill on said premises and whether any such permits or licenses were ever
revoked or suspended by a govermnental agency.
(11) Documentary proof of permits that have been applied for, are pending, and have been
granted including but not limited to NYSDEC, Suffolk County Health Department, USACOE.
(12) A description of how the proposed activities will be mitigated including erosion control,
re-planting and restoration, designated points of access. All proposed operations will be clearly
defined on a survey and described in a project narrative. The Trustees reserve the right to
require specific re-planting and restoration methods. Any re-planting and restoration guidelines
shall be in keeping with guidelines set by the Town of Southold.
(13) Current photos of the subject area showing the proposed area of operations fi.om at least
two opposite directions. Each photo should be labeled with the date, time and direction. The
location of the photos shall be noted on the survey, project plan or provided on a separate
sketch map.
(14) Drainage upgrade. At the discretion of the Board non-administrative applications may
require submittal of a drainage upgrade plan. This plan must indicate how all existing and
proposed onsite drainage from a two (2) inch rainfall is retained within the subject parcel
landward of the wetland boundary. Retention can include but is not limited to infiltration or
impoundment. All drainage plans shall show the calculations used to develop the plan. At the
discretion of the Board said plans may require certification from a licensed engineer.
(15) All permit applicants shall submit to the Board of Trustees an affidavit signed by the
owner of the project property which indemnifies and saves harmless the Town of Southold
February 24, 2004
Public Hearing - Chapter 97
15
from any claims arising out of or connected with operations under the permit and from all acts,
omissions, conunissions or negligence on the part of the applicant, his agents or employees, in
such form as shall be approved by the Town Attorney.
(16) An Ethical Disclosure statement as provided by the Town of Southold relating to
applications for permits and other governmental requests.
(17) A statement indicating that submission of false information wiil result in rejection of the
application and may subject the applicant to criminal sanctions.
B. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may
waive, in whole or in part, the provisions of Article II, § 97-21A 8, 11, 14 or § 97-27, 2 where it finds
that the nature of the proposed operations is such that the requirements of such provisions are not
necessary for a proper consideration of a permit application. The resolution providing for the waiver
shall clearly indicate why the waiver was granted.
§ 97-22. Fees.
A. Every application for a permit filed with the Clerk shall be accompanied by a filing fee of-two
hundred fifty dollars ($250), which includes the first site visit, no portion of which shall be refundable.
For structures that have been previously built without a permit the fee will be doubled.
B. In addition to the filing fee, the Trustees, upon the adoption of a resolution authorizing the
issuance of a permit, shall determine the amount of the inspection fees to be paid by the applicant to
the Clerk upon the issuance of a permit. Inspection fee costs will be based on a $50 per site visit.
C. Pursuant to New York State Law, all costs incurred by the Town for SEQRA review shall be
paid by the applicant.
D. Consultant Fee: The Board, at its discretion, depending on the scale and potential impact of
proposed operations, is authorized to require the posting ora Consultant Fee by an applicant. This fee
shall be used to hire an independent, expert consultant to investigate the site for the proposed project
and to examine the plans or other information submitted by the applicant to assist the Board in
evaluating potential adverse impacts upon a resource area by the proposed project. The Board in its
discretion will determine whether the complexity of the activity, the difficulty in determining the threat
to the resource areas or the size of the request or project involves and requires more information and
analysis than can reasonably be supplied to the Board without independent technical professional
assistance.
(1) The Board may require the payment of the Consultant Fee at any time in the
deliberations prior to a final decision.
(2) The Consultant Fee may be required for expert opinion regarding, but not limited to,
wetland resource area surveys and delineations, analysis of resource area values, wetland
resource area reports, hydrological and drainage analysis, wildlife habitat analysis, shellfish
surveys, and environmental land use law, or any of the following:
(a) placement, removal or grading of at least fifty (50) cubic yards of material;
(b) five hundred (500) square feet or greater alteration ora resource area;
(c) shoreline or bank alteration to a coastal or inland water~vay;
(d) five hundred (500) square feet or greater alteration to land in a naturally
vegetated condition that constitutes a resource buffer area;
(e) discharge of any pollutants into or contributing to surface or groundwater of the
resource area;
(f) construction of any stonnwater control facility, or water control structure; or
§ 97-23. Processing of application.
February 24, 2004
Public Hearing - Chapter 97
16
A. Pre-Submission Conference. Applicants are encouraged to schedule a voluntary Pre-
submission site visit to discuss the proposed operations with the Board. Discussions in the field are
purely advisory and non-binding but this meeting is intended to facilitate communication between the
applicant and the Board. There will be no fee for this conference.
B. Investigation and coordination. Upon receipt of the application, the Clerk shall forward one (1)
copy thereof to the Conservation Advisory Council, when appropriate, one (1) copy to the Planning
Department, one (1) copy to the Zoning Board, and one (l) copy to be filed with the office of the
Trustees. The Conservation Advisory Council shall review said application and the effect, if any, on
the wetlands and tidal waters of the town that may result from the proposed operations and shall,
within twenty (20) days of receipt of the same, forward its written report of findings and
recommendations with respect to such application to the Trustees. If the Conservation Advisory
Council shall recommend that such application be disapproved, the reasons for such disapproval shall
be set forth in such report. If no response is received within 20 days the application is not subject to
further Conservation Advisory Council review.
C. All paperwork relative to an application shall be submitted at least seven (7) days before the
scheduled heating. The submittal of additional paper, york after this time may result in delays in
processing of the application.
D. Heating. The Trustees shall hold a public heating on such application. Notice shall be provided
pursuant to Chapter 58 of the Town Code.
E. Action. After the public heating on such applications, the Trustees shall either adopt a
resolution directing the issuance of a permit or adopt a resolution denying the application. A resolution
directing the issuance of a permit may be adopted only if the Trustees find that the proposed operations
will conform to the standards set forth in § 97-27 hereof. If the Trustees adopt a resolution denying an
application for a permit, the reasons for such denial shall be set forth in the resolution.
F. Modifications and Amendments. Any and all modifications and amendments of existing
permits shall be reviewed by the Trustees in accordance with the standards set forth in this chapter, and
may be subject to public heating.
G. Tabled applications. If an applicant tables an application for any reason it will be considered
withdrawn if it does not go to public hearing within four (4) months of the time it was tabled. After
such time the applicant will have to reapply for a permit.
H. Administrative Permits. An Administrative Permit is deemed to have no adverse impact on the
wetlands and tidal waters of the town, and a public hearing and notice are not required prior to
issuance ora permit. The final decision will be made upon resolution.
§ 97-24. Issuance of permit: conditions; inspection fees; performance guarantee.
The Trustees may, upon the adoption of a resolution directing the issuance ora permit:
A. Impose such conditions on the lnanner and extent of the proposed operations as it deems
appropriate, consistent with the purpose of this chapter.
B. Fix the time by which operations must be commenced and within which they must be
completed.
C. Require the payment of inspection fries.
D. Under certain circumstances the Board may require the submittal of"as-built" plans, upon
completion of operations, stamped by a licensed surveyor and/or engineer.
E. Pertbrmance Guarantee. The Trustees may require a performance guarantee to ensure the
proposed operations are conducted in compliance with a permit. If the work is not conducted as
described in the permit or such work is causing harm to the protected resource, notice will be given in
February 24, 2004
Public Hearing - Chapter 97
17
writing. The Board may require, as a permit condition, that performance and observance of other
conditions be secured by one or both of the following methods:
( 1 ) Bond;
(2) deposit of money;
(3) negotiable securities; or
(4) other undertaking of-t-mancial responsibility.
F. Liability insurance. The applicant for a permit shall, before the issuance of said permit by the
Clerk, file with the Clerk a certificate that the contractor chosen to perform the work under the permit
has liability insurance policies insuring against any liability which may arise in the performance of the
operations pursuant to such permit, which said policies shall name the town as an additional insured.
§ 97-25. Contents of permit. '
Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be valid for a
period oftwo (2) years fi'om the date ofapproval. Saidpermit maybe renewed for two consecutive
one year periods at the discretion and review of the Board. Each permit shall state the following:
A. The name of the permittee.
B. The date of issuance and expiration of the permit.
C. A schedule of when operations will be conducted.
D. The conditions imposed by the Trustees on the issuance of the permit.
E. The specific location of the areas to be affected by the operations of the permittee.
F. A statement that: "The validity of this permit is or may be subject to the approval of other
governmental or municipal authorities. The town accepts no responsibility in applying for or obtaining
such approval. In the event that such approval is necessary, the holder of this permit shall not
commence operations hereunder until such approval has been obtained in writing. The failure to obtain
such other approval when required shall subject this permit to immediate revocation by the Clerk upon
receipt by the Clerk of written notice from such other governmental or municipal authorities of its
refusal or disapproval." Acceptance of the permit is acceptance of this condition.
G. A statement that: "The applicant does, by the acceptance of this permit, assume all
responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the
prevention of injuries to persons and property resulting from such operations. By such acceptance, the
applicant also agrees to indemnify and save harmless the town and its officers, agents and employees
from any and all claims arising from operations under this permit and any and all acts or omissions of
the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition.
H. A statement that: "The applicant and the owner and occupants of the premises upon which the
operations authorized by this permit are being conducted do, by the acceptance of this permit, give
consent to the town and its officers, employees and agents to enter upon the premises where such
operations are being conducted to make such inspections to determine whether said operations are
being conducted in conformity with the permit and, if necessary, to conduct said operations according
to the Performance Guarantee (97-24E)."
I. A statement that: "The applicant is required to notify the Trustees in writing one week prior to
initiation of any and all operations."
J. A statement that: "The applicant is required to notify the Trustees in ~vriting upon ~0mpletion
of operations such that the site can be inspected tbr issuance of a certificate of compliance (§ 97-29)."
§ 97-27 Construction and Operation Standards
A. General.
The tbllowing standards are required fbr all operations within the jurisdiction of the Trustees:
February 24, 2004
Public Hearing - Chapter 97
18
(1) Drainage upgrade. Applicants for a permit for any form of construction may be required
to upgrade the sites drainage system such that all surface water generated fi.om impervious
surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or
filling operations will be required to submit a drainage plan for the entire site at the discretion
of the Trustees. See § 97-21(14) for requirements.
(2) Erosion control. Installation of an erosion control structure is necessary during any
building, grading, landscaping or site work activity within Trustee jurisdiction. This structure
may include, but is not limited to installation of a silt fence, hay bales, wood chip berm and silt
booms. The placement of the erosion control structure(s) shall be determined by the Trustees
or their designee. All intertidal construction and excavation requires the installation ora silt
boom that will retain all suspended sediments within the immediate project area.
(3) New and remodeled homes. New and remodeled homes cannot be situated or modified
such that they project closer to the wetland boundary than homes on either side of the subject
lot.
(4) Fences. Only split rail fences are allowed on beaches. Fences on beaches shall not be
closer than ten (10) feet to MHW. Only one posted sign per one hundred (100) linear feet of
fence is allowed. Posted signs shall be no larger than twelve (12) inches by twelve (12) inches
square.
(5) Swilmning pools. Applications for new pools must include a description of how all
pool drainage will be retained onsite using dedicated drywells or similar structures. All future
pool drainage shall be discharged to this dedicated system.
(6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs.
Platforms associated with stairs may not be larger than sixteen (16) square feet.
(7) Critical environmental areas. At the discretion of the Board of Trustees, any operations
proposed in critical environmental areas (§ 97-11 ) may be subject to more stringent
requirements than detailed in this section. Such requirements may include, but are not limited
to, denial of certain operations, shortening or reducing the size of structures, and increasing the
width of non disturbance buffers.
B. Shoreline Structures.
The tbllowing standards are required for all operations relating to shoreline structures on residential
properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in
these requirements given the water dependent nature of their use.
( 1 ) Bulkheads, Retaining Walls, Revetments and Gabions.
(a) Only in place replacement of existing functional bulkheads (as defined in § 97-
11 ) is permitted. In-kind replacement relates to the position and dimensions and does
not necessarily require or allow for the use of the same materials. At their discretion,
the Board may allow for a one time projection of the replacement structure seaward of
the original, only if such placement will not project the proposed structure seaward of
adjacent, neighboring structures and if the proposed installation is in close proximity to
the original structure. Any subsequent repair or replacement following the first
replacement requires the structure to be built on or landward of the original structure.
(b) Bulkheads on the Sound shall only be permitted when the likelihood of extreme
erosion is demonstrated and it shall not increase erosion on neighboring properties.
(c) Bulkheads on the Sound must be armored with stone.
(d) All bulkhead construction and renovation work requires the establishment of a
pem~anent non-turf buffer as defined by § 97-11.
February 24, 2004
Public Hearing - Chapter 97
19
(e) Retaining walls are not permitted unless excessive erosion can be demonstrated.
(0 In order to prevent the release of metals and other contaminants into the
wetlands and waters of Southold, the use of lumber treated with chromated copper
arsenate (also known as "CCA"), creosote, penta products or homemade wood
preservatives is prohibited for use in sheathing and decking. Preservatives of any type
including but not limitedto those listed above cannot be applied to any bulkheads,
retaining walls or revetments after installation. These restrictions do not apply to
structures proposed landward of the wetland boundary.(g) The use of tropical
hardwoods is not permitted unless it is certified by the Forest Stewardship Council or
similar organization.
(h) New bulkheads in creeks and bays are prohibited, unless the operation involves
construction of a low-sill bulkhead.
(i) Machine excavation is prohibited in tidal and freshwater wetland areas.
C. In Water.
The following standards are required for all in water operations adjacent to residential properties.
Operations conducted on properties zoned MI or M2 may be given greater flexibility in these
requirements given the water dependent nature of their use.
(1) Jetties and Groins.
General Rules
(a) Only low-profile jetties as defined in § 97-11 will be permitted
(b) Only in place replacement of existing low-profile functional jetties and groins
(as defined in § 97-I 1) is permitted.
(c) Pre-backfilling of jetties and groins may be required.
(d) In order to prevent the release of metals and other contaminants into the
wetlands and waters of Southold, the use of lumber treated with chromated copper
arsenate (also known as "CCA"), creosote, penta products or homemade wood
preservatives is prohibited for use in sheathing and decking. Preservatives of any type
including but not limited to those listed above cannot be applied to any jetty or groin
after installation
(e) The use of tropical hardwoods is not permitted unless it is certified by the Forest
Stewardship Council or similar organization.
(f) No new jetties or groins will be permitted unless the work results in a net
decrease in the total number of jetties in the subject area.
(2) Docks
(a) Standards for Residential and Commercial Docks
It shall be the policy of the Town of Southold that all docks shall be designed,
constructed and located so as to reduce a dock's potential adverse impacts to navigation,
public safety, waterway congestion, access to public trust lands and water, and natural
resources and habitats. The following stand~grds will serve as a basis for granting,
denying, or limiting permits for the construction of docks.
General Rules
1. No dock shall be constructed, altered or removed without a permit issued
by the SouthoId Town Trustees. In determining whether to approve such
application, the Trustees shall consider the factors contained in paragraph § 97-
27 D. below and all other provisions of this law.
2. All docks shall be constructed of sturdy, durable and stable materials
February 24, 2004
Public Hearing - Chapter 97
(b)
20
capable of maintaining position and location, supporting pedestrian traffic, and
resisting lateral loads resulting from wind, wave, and impact forces. Docks shall
be constructed, where possible, to permit the flee cimulation of water, reduce
the effects of fluctuating water levels, and prevent adverse modification of the
shoreline. Applicants_shall certify as to the structural integrity of the dock so as
not to cause a threat to the person or property of others.
3. In order to prevent the release of metals and other contaminants into the
wetlands and waters of Southold, the use of lumber treated with chromated
copper arsenate (also known as "CCA"), commercial copper quat (CCQ),
creosote, penta products or homemade wood preservatives is prohibited for use
in sheathing and decking. Similarly, the use of tropical hardwoods is prohibited
unless it is certified by the Forest Stewardship Council or similar organization.
Materials used for structural components shall be determined at the discretion of
the Trustees.
4. All docks and gangways onto such docks shall provide a safe pedestrian
surface at all times.
5. All docks, including any vessel tied to the dock, shall have a minimum
clearance of fifteen (15) feet of the seaward extension of any property line from
adjacent parcels so as not to interfere with the neighbor's access to waters,
unless the Trustees decide otherwise for navigational or other reasons.
Waterside boundaries can be identified using the appropriate method for the
shape of the shoreline for Long Island waters specified in 9 NYCRR 274.5.
6. All docks and floats shall have the appropriate permit number
permanently affixed to the most seaward face for identification. Said numbers
shall be at least three (3) inches high and constructed of metal, wood, plastic or
other material such that they can withstand exposure to the elements and are
visible from the water.
7. Except for structures used for water dependent uses, there shall be no
pemmnent structure located on or above the docks, ramps and floats.
8. Any application for a dock to be constructed at the end of a right of way
or commonly-held land requires the written consent of all parties having an
interest in the right of way, regardless of how property interests in the upland
parcel may be divided among the owner(s), lessee(s), occupant(s), easement
holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest
in any existing or proposed docking facility.
9. All applicants for docks, including catwalks and ramps, extending across
the foreshore shall be required to give and maintain a public passing way, on the
upland, not less than five (5) feet in width, to enable persons to pass and repass
around said dock or by steps or a ramp allowing pedestrian passage.
l 0. Pre-existing non-permitted and/or non-conforming structures cannot be
replaced in kind without full review and approval by the Trustees.
Dock Locations and lengths
1. No dock shall be erected or extended if, in the opinion of the Trustees,
such structure would adversely affect navigation, fisheries, shell fisheries, scenic
quality, habitats or wetland areas.
2. Withni creeks and other narrow waterways, no dock length shall exceed
Februal3' 24, 2004
Public Hearing - Chapter 97
(c)
21
1/3 the total width of the water body. Determination of the length of the dock
must include the dimensions of the vessel.
3. Prohibited Locations and Activities
[a] Given the unique and sensitive natural environmental
characteristics described in the Town of Southold Local Waterfront
Revitalization Plan and the New York State Department of State
Significant Habitat descriptions, no new docks will be permitted, over
vegetated wetlands or such that it causes habitat fragmentation of
vegetated wetlands, in Downs Creek, Hallocks Bay, Hashamomuck
Creek and Pond and West Creek
[b] Machine excavation is prohibited in tidal or freshwater wetland
al-ells.
[c] Placement of fence, mesh or other material preventing passage
under docks is prohibited.
[d] Floating docks, other floats and dock components and duck
blinds shall not be stored on tidal wetlands, other intertidal areas or
freshwater wetlands.
Regulations for the Placement and Configuration of Docking Facilities
1. Residential Docks:
[al Only one dock or mooring is permitted per residential lot.
[b] If any part of a residential dock structure includes a float or
floating dock, the float or floating dock portion shall be designed so that,
with the exception of the pilings,
1. it is no larger than six (6) feet wide and twenty (20) feet
long except on Fishers Island if the need is demonstrated;
2. no part of the floating dock will contact the bottomland
during a normal Iow tide.
[c] In determining the permitted length of a proposed residential
dock the Trustees shall seek to maintain lengths consistent with the other
docks (i.e., pier line) in the waterway which meet the requirements of
this law.
[d] Pilings shall not project more than three (3) feet above the
surface of a dock or catwalk unless a need for greater height is
demonstrated.
[el All excess fill from installation of pilings must be removed from
tidal or freshwater wetland area on the same day as installation and
disposed of in an approved upland disposal area.
[f] Tie off poles associated with residential docks will only be
-permitted to secure one (1) vessel. If the dock utilizes a float the poles
shall not project farther seaward than the outer edge of the float. Ifa
float is not used the pole(s) can be situated seaward of the end of the
dock sufficient to secure the vessel.
[g] Only one hand rail is permitted on a residential dock unless the
need for two is demonstrated. Rails shall not be higher than three (3)
feet above the suflhce of the dock and posts shall not be placed closer
than 6 feet on center or larger than 4'x4" in dimension.
February 24, 2004
Public Hearing - Chapter 97
(3)
22
[h] Residential catwalks and ramps are limited to four (4) feet in
width.
[i] Residential boatlifis are prohibited.
2. Commercial Docks (Marinas, Yacht Clubs and Restaurants):
Given the water dependant nature and economic benefit of properties zoned as
MI and M2, dock:design constraints and placement restrictions will be given
greater flexibility than would otherwise be allowed for residential uses.
[a] Construction of new marinas and additions to existing marinas
shall require establishment of a pump-out facility for vessel sanitary
waste.
(d) Review and Approval of Dock Applications
1. Before issuing a permit for a dock structure, the Trustees shall consider
whether the dock will have any of the following harmful effects:
[a] Whether the dock will impair navigation or be located in areas of
high vessel traffic or vessel congestion;
[b] Whether the dock will unduly interfere with the public use of
waterways for swimming, boating, fishing, shellfishing, waterskiing and
other water dependant activities;
[c] Whether the dock will unduly interfere with transit by the public
along the public beaches or foreshore:
[d] Whether the dock will significantly impair the use or value of
waterfront property adjacent to or near the dock;
[e] Whether the dock will cause degradation of surface water quality
and natural resources;
[f] Whether the dock will cause habitat fragmentation and loss of
significant coastal fish and wildlife habitats;
[g] Whether the dock will result in the destruction of or prevent the
growth of vegetated wetlands, seagrasses including eelgrass (Zostera
marina) and widgeon grass (Ruppia maritima) or shellfish;
[i] Whether the dock will unduly restrict tidal flow or water
circulation;
[j] Whether the dock will be safe when constructed;
[k] Whether the dock will adversely affect views, viewsheds and
vistas important to the community;
[1] Whether the cumulative impacts of a residential and commercial
dock will change the waterway or the environment and whether alternate
design, construction, and location of the dock will minimize cumulative
impacts; and
[m] Whether adequate facilities are available to boat owners and/or
operators for fueling, discharge of waste and rubbish, electrical service
and water setw'ice
Dredging.
(a) Creeks:
( 1 ) Maintenance dredging (as defined in § 97-11 ) only is permitted, unless applicant
owns underwater land or applicant is requesting permission to dredge in connection
with installation of low sill bulkheads.
February 24, 2004
Public Hearing - Chapter 97
23
(2) Dredging may be permitted when it can be demonstrated that the actions of man
have resulted in impairment to water quality or habitat value.
(3) Dredging in, or in close proximity to salt marsh vegetation (Distichlis spicata,
Spartina alterniflora or Spartina patens) or seagrass (Ruppia maritia or Zostera
marina) meadows is prohibited.
(b) Freshwater wetlands:_
(1) Dredging of freshwater ponds may be permitted when it can be demonstrated
that such action will restore the waterbody to a historic condition, improve water quality
or habitat value.
§ 97-28. Standards for issuance of permit.
The Trustees may adopt a resolution directing the issuance of a permit to perform operations applied
for only if it determines that such operations will not substantially:
A. Adversely affect the wetlands of the town.
B. Cause damage from erosion, turbidity or siltation.
C. Cause saltwater intrusion into the fresh water resources of the town.
D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and
vegetation or the natural habitat thereof.
E. Increase the danger of flood and storm-tide damage.
F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town.
G. Change the course of any channel or the natural movement or flow of any waters.
H. Weaken or undermine the lateral support of other lands in the vicinity.
I. Otherwise adversely affect the health, safety and general welfare of the people of the town.
J. Adversely affect the aesthetic value of the wetland and adjacent areas.
§ 97-29 Certificate of Compliance. A certificate of compliance shall be issued by the Trustees prior to
use or occupancy of a structure, which has been erected, enlarged, or altered pursuant to the issuance
ora permit in this Chapter.
§97-30. Transferability.
A permit issued pursuant hereto shall not be transferred or assigned without the prior approval and
review of the Trustees. The fee for transferring said permit shall be fifty ($50.00) dollars.
ARTICLE III, Administration and Enforcement
§ 97-31. Coordination and Enforcement
The Director of Code Enforcement and/or the Bay Constable are responsible tbr coordination and
enforcement of the provisions of this chapter. The Director of Code Enforcement and Bay Constables
have the authority to issue violations of this Chapter.
§ 97-32. Notice of violation.
A. Whenever the Director of Code Enfbrcement or Bay Constable have reasonable grounds to
believe that operations regulated hereby are being conducted in violation of the provisions of this
chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the owner of
the property, or the owner's agent or the p6rson performing such operations, to suspend all operations;
and any such person shall forthwith cease operations until such notice of violation has been rescinded.
B. Such notice shall be in writing, shall specify the violation and shall state the conditions, which
must be complied with and the time within which compliance must be completed before operations
may be resumed. Such notice shall also inform the person to whom it is directed of his right to apply
for a hearing before the Trustees, as hereinafter provided.
February 24, 2004 24
Public Heating - Chapter 97
C. Such notice shall be served upon the person to whom it is directed by delivering it to him
personally or by posting the same in a conspicuous place on the premise where operations are being
conducted and mailing a copy thereof to such person by certified mail to his last known address.
D. The Director of Code Enforcement or Bay Constable may extend the time of compliance
specified in the notice of violation where there is evidence of intent to comply within the time
specified and conditions exist which prevent.immediate compliance.
E. In the event that the person upon w'hom a notice of violation has been served shall fail to
comply with said notice within the time specified therein or within the time specified in any extension
of time issued by the Director of Code Enforcement or Bay Constable, any permit issued to such
person pursuant to this chapter shall be deemed revoked.
F. It shall be unlawful for any person served with a notice of violation pursuant to § 97-31C to fail
to comply with such notice.
§ 97-33. Hearing on violation.
A. Any person affected by a notice of violation issued pursuant to the preceding section hereof
may request and shall be granted a heating before the Trustees, provided that such person shall file a
written request therefor with the Clerk within ten (l 0) days after service of the notice of violation.
Such request shall have annexed thereto a copy of the notice of violation upon which a hearing is
requested and shall set forth the reasons why such notice of violation should be modified or rescinded.
B. The Clerk shall present such request to the Trustees at its next regular meeting. The Trustees
shall set a time and place for such hearing and shall give the person requesting the same 'at least five
(5) days' notice of the time and place thereof.
C. At such hearing, the person requesting the same, or his representative, shall be given an
opportunity to show cause why such notice of violation should be modified or rescinded. After such
hearing, the Trustees may sustain, modify or rescind such notice of violation, or revoke any permit
previously issued, and shall specify the reasons therefore.
D. The notice of violation for which a hearing is requested shall continue in effect pending the
hearing and determination of the Trustees.
§ 97-34. Compliance requirements and penalties for offenses.
A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents
or any other person to fail to comply with any provisions of this chapter or to fail in any manner to
comply with a written notice, directive or order of the Director of Code Enforcement or Bay Constable
or to conduct any operation in a manner not in compliance with a permit issued pursuant to this
chapter.
B. For each offense against any of the provisions of this chapter or any regulations made pursuant
thereto, or failure to comply with a written notice or order of any Director of Code Enforcement or Bay
Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect,
contractor or their agents or any other person who commits, takes part or assists in the commission of
any such offense or who shall tail to comply with a written order or notice of the Director of Code
Enforcement or Bay Constable shall be subject to the following fine schedule. Each day on which
such violation occurs shall constitute a separate, additional offense.
(1) Failure to obtain a permit. Any person conducting operations within the jurisdiction of the
Trustees without first obtaining a pemfit according to the procedures outlined in this chapter shall be
subject to fine of not less than $1,000 and not more than $4,000 or a term of imprisonment of not less
than fifteen (15) days nor more than six (6) months, or both:
(2) Failure to comply with the terms of a permit. Any person tailing to comply with the terms of a
permit shall be subject to fine of not less than $500 and not more than $1,000. For each subsequent
February 24, 2004
Public Heating - Chapter 97
25
offense, the violator shall be guilty of a misdemeanor punishable by a fine not less than $1,000 nor
more than $2,000 or a term of imprisonment of not less than fifteen (15) days nor more than six (6)
months, or both;
(3) Failure to heed a cease and desist order. Any person conducting operations in direct
contradiction to the terms of a cease and desist order shall be subject to fine of not less than $1000 and
not more than $2,000. For each subsequent.offense, the violator shall be guilty ora misdemeanor
punishable by a fine not less than $1,000 nor more than $2,000 or a term of imprisonment of not less
than fifteen (15) days nor more than six (6) months, or both;
(4) Restoration. In lieu or in addition to these punishments, any offender may be punished by
being ordered to restore the affected wetland to its condition prior to the offense. Any such order shall
specify a reasonable time for the completion of such restoration, which shall be effected under the
supervision of the approving authority. The Trustees reserve the right to require specific re-planting
and restoration methods.
(5) Mitigation. When on-site wetlands restoration and creation may be unfeasible due to technical
or other constraints, other mitigative measures such as off-site wetland restoration or creation may be
required.
C. No new permits will be issued to any carter, owner, occupant, builder, architect, contractor or
their agents if they are named as defendants in an outstanding or unresolved wetland violation.
D. In addition to the above-provided penalties, the Trustees may also, if authorized by the Town
Board, maintain an action or proceeding in the name of the town in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the violation of this chapter.
III. Severabili~.
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.
The new Chapter 97, Wetlands and Shoreline is available at the office of the Town Clerk here at the
Town Hall and is available in its entirety on the web at 'southoldtown.northfork.net' and this is by
order of the Town Board and we have a notice that it has been posted out there on the Town Clerk's
bulletin board and it has been with the Suffolk Times, Newsday and so on. And here is the lengthy
public notice in the newspapers. I think that is all, we have one letter here from the Suffolk County
Department of Planning, 'Pursuant to sections of the Suffolk County Administrative Code, the above
referenced applications are not within the jurisdiction of the Suffolk County Planning Commission.
Yours truly, Tom Isles'. We have something here fi.om the Planning Board and the Plauning Board
decided, it was put on the Planning Board's work session for review and discussion yesterday,
however, the Planning Board did not have a quorum at its scheduled work session, one or two
members were held up at an airport and were not able to get back, two of the ~embers were here and
so we don't have an official recommendation from them at yesterdays work session. What we do have
is a report /'rom them on December 2, regarding the proposed local law in relation to amendments,
Chapter 97 etc and I will read it. This is from the Planning Board at that time. 'Planning Board has
reviewed the proposed amendments to Chapter 97 and Chapter 32. The Planning Board supports the
proposed amendments and recommends the Board approves the local laws with the consideration to
the following: 1. Section 97-23, Item B states that "Upon receipt of the application, the Clerk shall
February 24, 2004 26
Public Hearing - Chapter 97
forward one copy to the Planning Board. This section implies that all applications will be copied to the
Planning Board. The Planning Board requests that only applicable applications be copied to the
Planning Board for comment. Applicable applications would include any previously approved or
pending subdivision, set-off or lot line reviewed pursuant to Chapter Al06. The Planning Board
recommends that applications seeking dock permit, mooring permits and other actions exclusive of
Planning Board authority not be copied to lke department." We have a letter here from a William
Toedter, dated February 19. "Dear Mr. Hot'ton," This is a rather lengthy letter and I am just going to
summarize it very briefly, "As I will not be able to attend the meeting on February 24, I ask that this
letter be read into record." It will be in its entirety in the record, I am not sure if I can read the whole
thing. "Above all, I want to express my thanks to you, the Board and all who were involved in
research, development and drafting of the new Chapter 97 code. Quantity rarely couples with quality.
However, both the quantity and quality of everyone's work can clearly be seen and appreciated in the
voluminous and detailed text of the new Chapter. The new Chapter has gone a great way to address
some of the more immediate and plain sight problems facing the town. Publication of the entire code
in the local papers is a great first step in making the public aware of the code. However, because of its
length and relative complexity, l would ask the Board to consider studying the merits of a small, cost-
effective education campaign. Many current year-round residents and property-owning summer
residents who are not around this time of year, as well as members of the construction and landscaping
trades may not fully understand or appreciate how the new code may affect them. This lack of
awareness and understanding could lead to unknowing acts. Perhaps a start of the summer mailer or
other brief notification and summary of key points would boost residents awareness and, most
importantly, help boost ongoing adherence to the guidelines. Second, I go back to nay letter to you of
April 18 and ask the Board to consider additional natural resource safeguards not covered in Code 97.
These include: 1. Requiring above-ground placement of oil tanks in all new construction, at the very
least. 2. Reduction of commercial and residential light pollution. (He refers to Newsday's February
2004 supplement 'Long Island: Our Natural World') had a wonderful article. From skyward pointing
flag pole lights and business signs, to lights on docks that brighten what should be the dark waters of a
nighttime bay or creek, the Board should take these threats to our environment and natural resources
seriously and discuss action to help curb excessive lighting. And lastly, in a letter that I sent to Mr.
Krupski and the Town Trustees, I expressed my concern that even when homeowners follow existing
codes many people still inflict grave casualties on our natural resources out of ignorance or lack of
caring. [ related a story of the neighbor who all but clear cut about 50 feet of trees from their house to
the bluWs edge. While the Trustees deemed this action to be well within their rights, l question why
anyone would want or who is concerned with the protection of our flora and fauna, would allow such
work to take place. Unfortunately, I never received a response. It is always a fine balance between
having too much and too little legislation but the intent of appropriate legislation is to protect the
people, sometimes from themselves and from the damage they unknowingly inflict. So I ask that since
the Town is taking steps to put the fight legislation in place, "can the Boar& or other To~vn entity, do
more to help educate town residents about such issues.'?" Again, the Board should be commended upon
the extraordinary effort and work they have done in drafting such a comprehensive code. [ hope and
ask that the Board will not stop to rest on its laurels but instead continue to move forward and consider
· these and other suggestions people have put forward. Sincerely yours, William Toedter, Southold'. A
letter from Fishers Island Harbor Committee, "Dear Mrs. Neville, I respectfully request that the
enclosed letter be read aloud at the hearing." "Dear Mr. Krupski, I am xvfiting on behalf of the Fishers
Island Harbor Committee with several comments on the proposed amendments to Chapter 97.
Congratulations to you and the Board on redrafting amendments that reflect so much input from the
February 24, 2004
Public Heating - Chapter 97
27
community including suggestions that came from Fishers Island. Upon review of the draft, we still
have four areas of serious concern. Perhaps these were merely overlooked in the rewrite. The areas
are 1. The upland access around the docks requirement, 2. The one dock or one mooring per residential
lot provision, 3. The residential boatlifi prohibition and 4. The pump out requirement for marina
expansion. These provisions are onerous to Fishers Islanders and do nothing to contribute to the goals
outlined in Chapter 97 at Fishers Island. Perhaps I have misread the provision on upland access on
page 22. Are applicants required to provide-upland passage or can they provide steps or a ramp to
cross over the dock? We do not have a public that strolls the rocky shorelines. Where docks impose
on shoreline pedestrian passage, the public is well acquainted with simply passing beneath the dock or
crossing over the top if it. In many cases, providing upland access at dock heads would require
considerable cleating of vegetative buffers. We ask that Fishers Island be exempted from this
provision. In Chapter 33, the Fishers Island Harbor Committee is assigned the task of locating
moorings at Fishers Island. There are cases when we have issued mooring permits to individuals with
residential docks. There are several reasons for doing so, including reducing vessel exposure. We
seek to retain that discretion and have Fishers Island be exempted from this provision. As we stated in
early December, much of the Fishers Island shoreline is more exposed than mainland Southold.
Boatlifts are a sensible way for boat owners to protect their property in the event of inclement weather,
seasonal or sudden. We understand that with this provision you are trying to address a prolit~ration of
shrink-wrapped vessels stored on boatlifts throughout the winter. We do not and will not have this
problem on Fishers Island. Please exempt Fishers Island from this provision or prohibit the shrink-
wrap/storage activity and not the boatlift. The Fishers Island Harbor Committee has struggled for
years to identify and implement a workable pump out facility operation in the hopes of becoming a
designated no discharge zone. However, there is no place to dispose of or process collected boat waste
on the Island. Boat waste would need to be collected and trucked off the Island by the Ferry District.
Separate ferry charters for a "honey-truck" are required by law. We have investigated contracting with
mobile pump out vessel operators on the Connecticut mainland but we have met with difficulty
collecting waste of New York and trying to dispose of it in Co~mecticut, if you can believe that. There
is not an uncomplicated solution to our Island interest in providing vessel pump-out services.
Imposing the search for a solution on our volunteer run yacht club which manages the Island's marina,
is, I believe, a gross misapplication of your intent. Additionally, the yacht club has made a valiant
effort to address a serious dock space shortage on the Island. Tying dock space to pump out facilities
on Fishers will cripple that effort. The Harbor Committee is the ideal entity to address the pump out
issues, despite our failure to find the answer thus far. It is not for lack of interest; it is our harbor after
all. Would the Trustees consider writing to our Harbor Committee and commit to exercising leniency
on Fishers Island dock applications in the above mentioned areas until such time that amendments to
Chapter 97 addressing our concerns can be made? We do not wish to hold up this valuable legislation,
but these four provisions as they are written are untenable. Thank you for your consideration. Signed
by Leslie Goss, Chair". And, I think that is all I have.
SUPERVISOR HORTON: Thank you, Councilman Wickham. We will take input from the public on
this specific public hearing. Yes, sir.
ROB HERRMANN: Good evening Board members. My name is Rob Herrmann, I am employed by
EN Consultants, Incorporated in Southampton. The Board will probably recall at your last hearing I
gave a rather lengthy assessment and offered some suggestions about the proposed redraft. There have
been a lot of changes made since that time, I think it is a substantially improved document but similar
February 24, 2004
Public Hearing - Chapter 97
28
to the last letter read by Councilman Wickham, I just coincidentally have four items of concern that I
would like to address to the Board and again, bring to the Trustees attention. There has been a lot of
time spent redrafting this law and I think there are four issues where it, three really just have to do with
minor language changes that I think will make it a stronger law to protect the Town and also a clearer
law to help its applicants. The first is on pag_e 13, it is really the quickest and easiest. It is under
setbacks, as with other local wetlands laws~4here are setbacks proposed for residences, driveways,
septic systems etc but for some reason rather than referring to accessory structures in general, it only
calls out swimming pools. I would suggest just for clarity, for the typical homeowner, that it refer to
accessory structures, so that you also establish setbacks for garages, tennis courts, etc. Without that,
this law wouldn't establish that. And also, just under landscaping or gardening, I think it is probably
the Trustees intent that you limit cleating to 50feet. For whatever reason, it is an American legacy, as
soon as you buy property in the country, you start cleating everything and I think that if you don't
include the word 'clearing' in here, I don't think people will think as far as landscaping or gardening as
opposed to structures. I think you are going to better protect your resource if you use the term
'clearing'...
COUNCILMAN WICKHAM: Where is this?
MR. HERRMANN: It is on page 13, under the same section as the swimming pools-under setbacks.
Swimming pools is E and the landscaping or gardening is F. And again, these are the type of things
that people look at if they come in just with a site plan and they try to figure out where they are going
to situate things on their property. You want to make sure that it is clear, as mentioned in the person
asking for education. You want to make sure that the law is explicit about what they can and can't do
and how close to the wetlands they can do it. The second item is more legalistic, it just has to do really
with the suggested word change, it is on page 19 and it is under 97-25, contents of permit. There are
several statements that intend to be including in all wetland permits that assigns the applicant to all
sorts of responsibilities in terms of allowing the Town to make compliance checks, to make sure the
project is being undertaken consistent with the permit, etc. I don't think that is the Trustee's intent,
given the definition of applicant is the person who happened to make application for permits. By the
time the permit is issued, I think you probably mean the pennittee, rather than the applicant. It is
critical that that be changed because it is the permittee, who is typically going to be the owner of the
property by the time the work is undertaken, be responsible for carrying out all of these things in a way
that is compliant. I, for example, as an applicant can't guarantee what an owner will or won't do after
they no longer retain me. The third and last item that relates to the language of the code that is in front
of you is on page 22 and it is 97-27C, no I am sorry, 97-2 well, I am just going to refer, there are so
many steps back~ it is dock location and lengths. There is a statement that says no dock shall be
erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation,
fisheries, shellfisheries~ scenic qualities, habitats or wetland areas, I mentioned this at the last hearing, I
think it is a dangerous sentence to include because the Tm. stees do now have a list on page 24 of 12
different standards they have to go by when issuing a permit for dock structures. A s_tatement like this
would enable a situation to exist where if you happen to have three elected Trustees decide that they
believe that all docks would have an adverse impact on scenic quality, they could, in effect, create their
own ban on docks, which would render all of this legislation a moot point. I am not suggesting that
this Board has as many as three people who would like to ban all docks but the point is, Ir'om a legal
perspective, you are creating a potential lbr that in the future. You use the word 'opinion' which is
subjective and you also use scenic quality, which is a subjective standard. You are putting two
February 24, 2004
Public Heating - Chapter 97
29
standards in there which require subjective opinions and I think you am opening yourself up to legal
challenges that can easily be avoided by the fact that you have also created 12 very concise standards
by which the Trustees can base a decision. For their sake, they had better base it on those standards as
opposed to an opinion. The last thing and really the reason that I took the time to drive here tonight,
and I mention this at the last meeting, when you pass this new code, you are creating a conflict with a
section of zoning code and I am going to take_the time to go over this again because I think it is
absolutely critical that this be resolved. Under-100-239.4 of the zoning code, there is a section 239.4B
which has historically established wetlands setbacks for structures but it only establishes wetland
setbacks on bulkheaded parcels and it establishes a setback of 75 feet. Now, this code will establish
setbacks for all structures, whether the property is bulkheaded or not. The problem is, that if you go to
the Trustees and you are approved for a wetlands setback less than 75 feet on a bulkheaded parcel,
under the current code you still have to then additionally go to the Zoning Board of Appeals to obtain
relief from the 75 foot bulkhead setback. This section of code is not antiquated with Chapter 97. I
mean, it has been antiquated already but I am going to just give you an example to illustrate how
wacky this is because I think if the Board really understands it you will be excited to fix it. If the
Trustees had two different applications before them, let's say two different lots. One is a conforming
lot and the other is a very small, constrained, pre-existing under-sized lot. The conforming lot, the big
one, has a bulkhead. It is probably still big because it has a bulkhead. The one next door is much
smaller, it has never been bulkheaded, it suffered from erosion it is maybe an 18,000 square foot lot.
Both applicants come in at the same time to the Town Trustees tbr permits for a house, now, let's say
that the Trustees, after reviewing these two applications; grant the smaller parcel a 35 foot wetlands
setback. Not that they would but let's just say that they use their right to vary from these new setbacks
and granted a 35 [bot wetlands setback. Now on the adjacent parcel, where there is more room to
situate the house let's say they grant a 74 foot wetlands setback, a much bigger setback. Now both
people are done with the Trustees, they both have their wetlands permit, they both go to get their
building permits. The person who is granted the 35 foot wetlands setback on the unbulkheaded parcel,
walks out with his or her building permit. The person who got a 74 foot wetlands setback, more than
double that~ but happens to have a bulkhead; says nope, sorry, you don't get a building permit and your
Trustees permit is worthless. Now you have to go to the Zoning Board. Doesn't make any sense. It is
almost an implication in your code that somehow the Zoning Board has more wisdom than the
Trustees, as to how a house should be setback from a bulkhead. This is not just some maniacal,
hypothetical that I have made up. I actually have a client who obtained a permit from the Trustees
more than a year ago for an addition on a house and is still in the process betbre the Zoning Board to
get relief to be allowed to have the setback the Trustees granted him. It doesn't make any sense. This
section of the code is antiquated, it is conflicting with Chapter 97, it undermines the Trustees
jurisdiction and their decision making. And so, I hate to take up 3'our time but I just want to repeat a
second time that this has to be addressed. I don't know if you can address it through 97 but if you
can't, you should go back and visit 100 right after this. It is just this one second, you could pretty much
eliminate it from the Town Code and resolve the problem, leave the power with the Trustees where it
is more aptly placed. I do thank the Board lbr taking my comments and also the Board of Trustees
over the period of the last year or so, I hope it is, they have been constructive as they have been
intended to be and I thank you lbr your time.
SUPERVISOR HORTON: Thank you, Mr. Herm~ann. Would anyone else care to address the Board?
February 24, 2004
Public Heating - Chapter 97
30
JIM FITZGERALD: My name is Jim Fitzgerald, I am the Proper-T permit services and I have spent a
lot of time at the public heatings that the Trustees have held and one of the things that comes up time
and time again at the heating but which is not addressed in the proposed revision of the code has to do
with the question of water depth around docks and docking areas. I think that that is the kind of thing
that ought to be included somehow, we go to great lengths to talk about the size and shape of the dock
but we don'.t address the question of how deep the water must be. If we are going to do that, we ought
to also include a description of the method that is used to measure the water depth. Because I can't
recall any instance in which an applicant's perception of the water depth and the Board's perception of
the water's depth have been the same. Somehow or other, the Board generally finds the water less
deep than the applicant does. So I think that that is the kind of thing that ought to be nailed down.
Now, since it may be that it is the kind of thing that in the past the Trustees have employed as a policy.
If we are going to continue with the use of policies which are detailed specifications, if you will, that
don't appear in the code, then I think there ought to be some guidelines in the code that list the
conditions under which the Trustees can establish policies and whether they should be published or not
and if so, how and so on. Just so the information in and about policies in effect becomes just as
important to applicants as the provisions of the code itself but they don't go through the process of
public heating and comment. So that question ought to be, I think, covered. One of the other concerns
that I have is the definition of fresh-water wetland. The, I think there really should be some minimum
size specified for an area to be classified as a fresh-water wetland. The DEC does it. They say l0
acres. But suppose we had a minimum limit of an acre, and the reason I think that is important is the
definition as it is written now says that if any, any of the following species appear, vegetation; than that
is by definition a wetland. Then one of the things, species, on the list are willows. There are willows
around that are not in wetlands, they are in people's backyards. One of the other indicator species is
purple loosestrife, I have some of that in my backyard that I put there but technically that makes it a
wetland. So I think that the concept that the Corps of Engineers uses which is to have three separate
categories of indicators and they are vegetation; hydrology, and soil and they require that in order for
an area to be categorized as a fresh-water wetland. There must be at least one indicator from each of
those three categories. One of the other items that is of some concern to me is that in Chapter 37 of the
town code, which has to do with coastal erosion, there is a provision for variances and appeals in
which the Town Board selwes as a board of review, reviewing decisions of the Trustees if the
applicants feels that it needs further review. It would seem to me that that same situation ought to
apply for decisions of the Trustees that have to do with the wetlands, l would suggest to you that the
Town Board become a board of review to permit a method of appeal from the ordinary day to day
decisions that the Trustees make in the wetlands area. I think that is all I have. Thanks tbr listening so
attentively.
SUPERVISOR HORTON: Indeed. Yes, Ms. Tole.
CATHY TOLE: Good evening, Cathy Tole, Greenport. I discussed this briefly just befbre the
meeting with the chair of the Trustees, Al Krupski, and in the section subdivision 12 or 11 of
definitions under operations which is basically the definition of all the activities that would be
controlled by this new local law, them was what I understood to be an inadvertent loss of five words
under operations definition subdivision C is the only subdivision in that that does not include the words
'or otherxvise within Trustee jurisdiction'. And while I know that the intent was to maintain Trustee
jurisdiction to the usually extent and the traditional extent that they have had it, I want to make sure
that the legislative intent is clear or that the actual words are put in that this ordinance will continue to
February 24, 2004 31
Public Hearing - Chapter 97
control the erection, construction, alteration, enlargement of any building or dock; all of these hammer
and nail activities would continue to be governed by the Trustees and while I do absolutely trust them
that their intent is to maintain control of all of those activities within their jurisdiction, I would like an
assurance or something on the record that says that they will continue to maintain that control. Let me
make that clearer because I see a lot of...
SUPERVISOR HORTON: I am looking for the exact spot.
MS. TOLE: What is definitions? Eleven or twelve?
SUPERVISOR HORTON: It is under definitions?
MS. TOLE: Yes.
SUPERVISOR HORTON: I was on page 23.
MS. TOLE: I have only the newspaper edition, so I can't give you the page. It is section 97-11,
definitions, alphabetically, 'operations'. Operations being all those activities that they are planning to
control. 'A' has to do with the removal of material in the wetlands or otherwise within their
jurisdiction. 'B' is deposited materials in the wetlands or otherwise within their jurisdiction, 'C'
dealing with the clearing of plants within the wetlands or otherwise. All I am saying is that 'or
otherwise within Trustee jurisdiction' was inadvertently left out of subdivision C.
SUPERVISOR HORTON: That is correct, I see what you are pointing to.
MS. TOLE: So, I trust that it is going to get cleaned up at some point, I just would like to make sure
that there is a record of legislative intent, so that later on it is not challenged that oh, they never
intended to control the building and the docks and everything else unless they were actually on the
wetlands.
SUPERVISOR HORTON: Right. Actually maybe I will address that right now, if I can just tum to
the attorney. If that phraseology was added in, would that be that significant ora change? Being that it
is consistent with everything above and below it? Would it be that significant that it would require
another hearing? It seems to me that it...well, my question to the attorney was that i£we add that back
in because it was a typo, would that be so much that it would have to be re-noticed and the answer to
that is no, we can add that in.
MS. TOLE: Wonderful. So the legislative intent is to have that in there. That is just a statement on
the record. Thank you.
SUPERVISOR HORTON: Thank you, Cathy. Are there other comments? Yes, Mr. Corwin.
DAVID CORWIN: My name is David Corwin and a couple of little typos and mistakes. On page 8,
mean high water is average of all water heights and what it should be is average of all high water
heights. Page 8, non-turf buffer and I would ask you to please allow your outlawing any kind of
treated lumber on a deck in a non-turf buffer. And I would ask you to allow the use of ACQ treated
February 24, 2004
Public Hearing - Chapter 97
32
lumber, which has replaced CCA treated lumber, you can't buy CCA dimensional decking lumber
anymore and that is designed for homeowners and I don't see why it would be a problem in the non-
turf buffer. Page 10 and page 12, you have the use of the word 'whale' and I think what you mean
there is 'wale'.
TOWN ATTORNEY FINNEGAN: Correct, we can.make that change.
MR. CORWIN: Then to go on to page 16 ....
SUPERVISOR HORTON: It is a whole new technique, actually.
MR. CORWlN: Page 16, 97-22- Fees, Section D, consultant fee. It allows the Trustees to hire a
consultant to review the project and pass the cost on to the owner or the applicant. I submit to you that
that is the Trustees job and the Trustees should bear that cost, it is too open-ended; you could end up
saying to an applicant, well, you have got to pay $50,000 for a consultant to review your project. Page
19, section 6-Decks and Platforms, it says no platforms on bluffs. If you build a set of stairs on the
Sound bluff, you need a platform or a landing, just so you can have a rest as you are going up or down
or just so you can physically build the project. Page 20, Jetties and Groins, Section B, only in-place
replacement or groins. In other words, you have to have an existing groin before you can put one back
and I ask you, please don't eliminate the possibility of installing new, low profile groins. If they are
designed properly, they can work to halt erosion and to let the sand by-pass them for the person down
the road. So I ask you again, please don't completely eliminate groins. Properly designed they do
work. Thank you.
SUPERVISOR HORTON: Thank you, Mr. Corwin. Are there other comments from the floor? Mrs.
Egan.
JOAN EGAN: Yes, Joan Egan. This is just very quick and very brief, I can't say enough good things
about the Assessors but I was quite surprised and somewhat appalled to find out that they don't have
voice mail. This is extremely important for summer people and I don't want to hear that they will get
it when they move over to the new center, Mr. Romanelli. Very important for weekend people because
they might not be here on a Monday to tell the Assessors about a problem on the water. Thank you
very much. Oh and I don't think you should be playing musical chairs with the nice lady who used to
work at the Assessors.
SUPERVISOR HORTON: Are there other comments from the floor?
CAROL WELLS: I am Carol Wells, of Southold and I am head of operations and maintenance to
family historic shacks and I guess I just need to understand fi.om the Trustees because I live between, I
have two homes between wetlands. Do I have to (inaudible) permission to cut the phragmites when
they come through the living room floor? You know, I don't under....no one has worked harder than
my family to respect our property, our water rights. I can't help it if the guy next door empties his 65
foot swimming pool into the wetlands. Does that increase the growth of the phragmites? I don't
understand what nay responsibilities are to the community, as well as my responsibilities are to my
thmily. Am I totally grandfathered? I mean, I am 10 feet from wetlands. Al, you know the property.
February 24, 2004 33
Public Hearing - Chapter 97
No one does more to respect the natural habitat, but what are my responsibilities under this legislation?
Thank you.
SUPERVISOR HORTON: Are there other comments from the floor?
JOHN COSTELLO: My name is John Costello, I am a marine contractor in Greenport and we are also
agents for permit applications for every town on the eastern end of Long Island, anyway. I applaud the
efforts to try to clean up and modify Chapter 97. It needs it. It needs codification, it needs some direct
understanding instead of being subjective and possibly arbitrary, you have to eliminate that in order to
have a better law for the people. There is a lot of effort that has been put into this, the time that's taken
is a year. There are a few things in the code that are going to present future problems. I hope that this
Board, the legislative branch of government who makes the decisions and supports and changes local
laws, reviews this particular code one year from now to find out if the Trustees or the public is having
difficulties with certain portions of it. They will. No decks or platforms on the cliffs, there are a
couple of steep cliffs, you have to have them; ask Mr. Corwin. You have to have them. It is for safety,
the elderly people walking down 120 foot cliff is difficult. It is harder to come back up. There are
things that you are going to have to make some modifications on, they also need this code, a code,
passed and then make the modifications and refine it as needed. The Trustees are going to have some
difficulties in the next year and this Board has to support it and make the changes that they need. The
appeal process, Mr. Fitzgerald spoke about an appeal process, there should be some degree of appeal
process so the Southold Town minimizes the litigation that has a potential of happening. It is
happening in other towns, every town is being inundated with litigation. It is costly and it is worthless.
Except for people like Mr. Ross. Attorneys do well. But I don't think that this Board wants to invite.
Some of the penalties that are in this code, jail time-15 days to 6 months in jail, I will probably be the
first volunteer. I would rather pay the $l,000 or $4,000 but you know how it is, the courts will have to
decide that. Eliminating the degree of docks, bulkheads, retaining walls and jetties in certain areas, I
think that they are going to have to be addressed site specific. There are parcels of land that will
require a bulkhead or revetment or some structure under certain storm conditions, it will happen. The
Board needs the power to make those adjustments. One of the last things I have, tropical hardwoods
being eliminated. Tropical hardwoods, I think you need more specifics. You need to understand it
better. I handle many tropical hardwoods, in large quantities, to obtain certified materials is difficult.
The council, the Forest Stewardship council, cannot supply the needs or the boards that are not in
danger. Many of the tropics have a lot of woods, the tropics cover a good portion of the earth, it starts
just south of Key West and goes down to Uruguay. The area that grows the best covers much of
Australia, two-thirds of Africa, there are endangered species here in America. Long leaf yellow pine,
gone. Cedars are becoming rare in America because the demand is here, we are shipping overseas;
Japan loves it. We use it every day. There are some woods that are not endangered. I think if they
were more specific about the tropical hardwoods, the t),pe and the quantities, the Forest Stewardship
council does not have a large budget. They do not handle any quanti.ty of board footage that is
necessary and it is not going to work unless you are more specific and if you want to eliminate and try
to save some portion, ! applaud you. But be more specific than tropical hardwoods, there are none in
the Arctic and there are none in the Antarctic but by god there are a lot of it around the world.
Philippine mahogany is disappearing; it is one of the most endangered species. You know why? We
want it. So there are woods and there are woods available. If you have more specifics, I would enjoy
it. Thank you.
February 24, 2004
Public Heating - Chapter 97
SUPERVISOR HORTON:
hearing?
34
Thank you, Mr. Costello. Are there other comments on this public
AL KRUPSKI: Ladies and gentlemen of the Board, ladies and gentlemen of Southold Town. Thank
you for the third opportunity to present this draft revision to Chapter 97, Wetlands. Many people have
toiled long to re-write this code, which I can honestly say would be very difficult to improve upon
today, except for a few typos which were mentioned.' Many people need to be thanked because of their
contributions to the Trustees efforts. The Town Board, the Planning Board, the Police Chief, marine
contractors, environmental consultants, marina owners, as well as many other people. Everyone who
attended our work sessions, everyone who wrote a letter, everyone who called, should be proud of their
contributions to this code. A special note, of course, were the remarkable efforts of Pat Finnegan,
Brownell Johnston and Chris Pickerill. I myself, have been on this Board for 18 years and in that time
the basic philosophy has not changed. The integrity of the environmental resources of this Town need
to be protected for future generations and at the same time, those environmental resources need to be
accessible to all townspeople; for their use and enjoyment. It is this philosophy that is written into this
code, this protection of the environment and its public property and riparian rights. I said earlier that
this code could not really be improved but notice that we didn't carve this in stone and bring it in here
on tablets. This is the best work that we could accomplish this year but next year or in coming years
things will change and then our code certainly can be changed. And if I could, I would like to address a
few of the comments that were made. I don't know if I will have time to address them all, some of
them were brought up in prior public heatings and have been addressed in the code. Something that I,
the first letter that Mr. Wickham read about the lighting, the excessive lighting. That is something that
is being considered. Rob Herrmann mentioned setbacks; tbr swimming schools they should include
accessory structures, landscape and gardening should be defined really as clearing, the applicant
should be listed as the permittee-not as the applicant. Those things make sense. And as far as the
setbacks versus the 7BA, I think that is a Town Board issue that, if that is in fact which it is a problem,
it should be addressed by the Town Board and corrected because he is absolutely right, there is an
inconsistency there. Mr. Fitzgerald brought up some questions about water depth and he is absolutely
right, there is always a problem on dock applications with water depth; part of the problem is that the
DEC has varying standards, which they try to impose on the town and it leaves the applicant caught
between two regulatory agencies. We have been trying to resolve this issue with the DEC for a number
of years and we are still trying. Another problem is actually determining xvater depth tbr the use of this
Board and that is something that again, is an ongoing process; [ have met Mr. Fitzgerald out in the
field in evenings, I know Kenny has and it is something that we work out in the field on a case by case
basis. It always gets resolved, it is usually messy, muddy, wet...
SUPERVISOR HORTON: Lead, line and tallow, it will work every time, I promise.
MR. KRUPSKI: Dave Com'in has some concerns about a non-tuff buffer, allowing ACQ lumber
instead of CCA or as an alternative to other decking. He brought up the consultant fee, we did change
that writing in the draft. Language was added relating to the scale and potential impact of proposed
operations and I think the consultant fee is only geared towards really large projects, were the Board
would need technical experience in order to protect the Town itself legally and not on normal, run of
the mill applications. He also brought up an issue that Mr. Costello brought up which was the need tbr
platforms on the bluff, on a long series of steps leading down for access to the water or to the beach.
We really don't call those platfbrms, we call those landings, and we allow for 8' by 4' landings at
February 24, 2004 35
Public Hearing - Chapter 97
various intervals, whatever the applicant deems necessary. So that is something that really is not a
concern because we allow for that. And as far as new low profile jetties, I think we allow for that in
the new code also because there are areas where low profile jetties do accomplish beach stability and
where especially if there is an area where an existing groin field isn't functioning properly, sometimes
it is more advantageous to the environment as a whole and for the beach stability to have a different
series of jetties there, which would be considered ne~wtechnically because they are not exactly where
the old ones were. Mrs. Egan mentioned the voice mail, I agree with her, it is good to keep good
communications with the public. Ms. Wells mentioned the phragmites, what we do is we consider
areas that you are maintaining, we consider th~nn to be maintained areas and it is an exemption under
the code. So it wouldn't be any new clearing. This is for areas that haven't been touched and we don't
want someone going in and just doing what they want. Mr. Costello mentioned the platforms and there
was also some discussion about appeal process, I don't think any of the Board members believe there
really should be an appeal process on Trustee lands. The Trustees are a separate and sovereign Board
and our decision on underwater land that the Town owns, I think should be based on ownership should
be a final say. As far as an appeal on Chapter 97, that is a different issue. 1 do appreciate your
comments that the code should be re-looked at in a year and I agree with that because the code, things
change and we can always improve the xvay that we operate and certainly we take any suggestions at
any time.
JUSTICE EVANS: Al?
MR. KRUPSKI: Yes.
JUSTICE EVANS: One persons comments that you haven't addressed was Fishers Island Harbor
Committee chair, Leslie Goss and I hope that the Trustees will make a commitment to working with
the Harbor Committee there because some of these things that you mentioned really aren't applicable
to the waterfront properly that we have on Fishers and I know all of you have been very good in the
past with working with the differences on Fishers Island but you all may not be there forever and xve
would like to have something that reflects your willingness to work things differently over there, with
the different waterfronts.
MR. KRUPSKI: Sure. I did speak with Leslie Goss at, er she wrote that letter. She called me. We did
make concessions in the code for Fishers Island. One was the 3' piling height, if the need can be
demonstrated because of greater tidal action there. Another concession that we made on Fishers Island
was the exception on the float size restriction, where the need could be demonstrated because of the
openness of the xvater. Some of her comments on this last letter, l wasn't quite sure how to take them.
She didn't believe that people walked on the beach there, so I wasn't quite sure if there was a beach
access issue and [ think she completely misunderstood, the point is, if you put a dock...the dock can't
restrict the beach, youmeed to put stairs or a ramp or something if the people can't get under a dock.
And I don't think that she understood that at all.
SUPERVISOR HORTON: I think that what we are generally looking tbr is that the Trustees, as I
know you have in the past, have a very open line of communication, a good working relationship with
not only various homeowners on Fishers Island but as well, the Fishers Island Harbor Committee and
that we continue that and actually take steps to address some of their specific concerns moving
tbi~vard.
February 24, 2004
Public Heating - Chapter 97
36
MR. KRUPSKI: Thank you. And you are absolutely tight and we did when we worked on this, really
for more than a year, we made sure that we left a pretty good deal of flexibility in this code, so that
when difficult situations arise we can address them. One more thing, this is, you know we appreciate
everybody's support and everybody's help on this but we are going to need more support and more
help, especially from the Town Board. What we would like to address next is Chapter 34, a new
chapter on moorings, we started to review it last year,and it was, it is needed, it was too much to do
with 97 so we had to put it aside. In 2004 and 2005; we would like to work with the Board on a new
chapter 37, Moorings.
SUPERVISOR HORTON: I remember standing betbre the Board of Trustees in 1998, saying that,
look to some of these other communities in the northeast coastal region and look at their mooting
patterns, look at their mooring rules and regulations and I remember somebody from the Board saying,
when we get to it, we will put you on the committee.
MR. KRUPSKI: Well, now we are ready for you. You were ahead of your time. We actually have a
big document. Brownell, if you could hold it up. With proposed, with a draft, which is a rough draft,
it is very rough and also it has quite a few different mooting regulations from different areas around
the country to review so that we can start seeing what other people do so we don't have to re-invent the
wheel. After tonight. Thank you.
SUPERVISOR HORTON: Thank you. We will close this public heating. This heating is closed and
we will move on to the next public hearing.
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NEVr~
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFOHNIATION 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. 160 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON FEBRUARY 24, 2004:
RESOLVED that the Town Board of thc Town of Southold, as lead agency, accepts the
Supplemental SEORA Review prepared by Nelson~ Pope & Voorhis dated February 23~
2004 on the proposed Local Law entitled" A Local Law in relation to Amendments to
Chapter 97 'Wetlands and Shoreline' of the Code of the Town of Southold"~ and re-affirms
the Negative Declaration adopted December 2~ 2003.
Elizabeth A. Neville
Southold Town Clerk
NOTICE IS HEREBY GIVEN that
there has been presented to the Town
County. New '~rk. on thc 20th day of
Januao 2004 a Local Lax~ entitled
Chapter 97 %Vetlands and Shoreline'
of the Code of the Town of Southold'
and
NOTICE IS HEREBY FURTHER
GIVEN that Ibe Town Board of the
Town of Southold alii hold a public
heahng on Ihe aforesaid Local Law al
Ihe Southold Town Hall, 53095 Main
Road. Southold, New York. on the_24th
day of February 2004 at 8:00 p.m, al
which time all interested persons v, ill be
giten an opportunity to be heaYd.
The proposed local lax~ entitled. "A
Local Law in relation to a new
Chapter 97 *Wetlands and Shoreline'
of the Code of the Town of Southold"
n:ads as follow~:
LOCAL LAW NO. 2004
A Local Law entitled "A Local Law
in relation to a new Chapter 97
'V~etlands and Shoreline' or the Code of
thc To~n of Southold"
BE IT ENACTED b.x the Town
Board of the Town of Southold, as foi-
l. Puqxl~e- The '[own of Southold
toric and ~ I resources which are
vital to the town's sense of place and to
its economic success as a cornrnunilY.
The upland acreage of Soutl~old
Town. including Fishers Island, is
approximately 34.369 thousand acres
with approximately 163 linear miles of
shoreline. This acreage is bounded to
the noah by the nationally recognized
estuary of Long Island Sound and to the
south b.x the nationally recognized
Peconic Bay Estua[% Tcustee jurisdic-
tion under the Andros Patent encom-
passes more than 2.000 acres of under
water lands, not including Sound and
bayfront o~ned by the State of New
York. The local econom5 i~ ba~ed on
two traditional industde~ and u third.
based squarely on a unique, extraovJi-
naril~, beauliful and productixe environ
ment that is both ~agile and sen~iti~e.
financial health and Iong-tem~ future,
Rapid growth, the spread of dexelop-
See Legals, nex~ page
STATE OF NEW YC )
)SS:
COU~.[~TY C)~ SUF.F~LK)
_,.~.~/¢,M,/-~/c~/'Z.-~./¢'<~.. of Mattituck, in said
county, being duly sworn, says that he/she is Principal
clerk of THE SUFFOLK TIMES, a weekly newspaper, pub-
lished 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 pub-
lished in said Newspaper once each week
for / weeks successively, commencing
on the --~ day
of ~ 20~/-'
,. ' cipal Clerk
Sworn ~
day of
YORK
February 5, 2004 ,. The Suffoll< Times
LEGALS...
South,fid.
pre~er~ation of Open Space ami
lo,as:
SHORELINE
32.
Soil removal - See Ch. SI.
AS-BUILT PLANS - Plan~ prepared
BLUFF LINE The land~ard limit
~hordinc.
FUNCTIONAl. B[~LKHL M) \
in hvdrolog>.
36A · The Suffolk Tirnes· February 5, 2004
LEGALS.,,
RESIDENTIAL HOR[ ICLrLTURE
RESOURCE BUFFER ARE.\ A
buffer urea ~ith ,pecific quantifiable
RETAINING W.\LL A bulkhead
SOUND Long Island Sound,
York; or
leathcrlea f
February 5, 2004 · The Suffolk T;mes · 37A
LEGALS...
15~ Land wilhin I{10 fee[ of the
feet.
SEQRA re~iev, shall be paid b) Ihe
following:
a, ppbcanl~ arc encouraged Io ,chedule a
Board. DJ,cushion', ill Ihe field are pure
Board. Tbere ~ ill be no fee roi' Illin coil
Clerk shall fov.~ ard one I I ~ copy thereof
Ihe Zonin8 Board, and one ~ [
~hall rexie~ ,aid application and the
The ,uhnlillal of dddifional paper~xork
D. Heanng. The Tru,lee~ qmll hold a
pubhc hcanng un ~uch apphcadon.
Notice ~hall be prm~ded pursuant to
Chaplet 58 ot thc T,)~n Code.
ma) be adopted onl5 if the Trustees find
27 he~eof. If lhe Tmslee~ adopl a resolu-
ter, and ma5 be subject to pubhc hear
3111~ · The Suffolk Times., February 5, 2004
LEGALS...
§07-25 C~ ¢ ,o pen
24EC'
I)EI'LARATI(}N OF
RESTRI( 'TIONS
~.¥hihtker Hou,e Propert~
52875 Main R.ad. Southold.
RUNNING IHENC'F N,,rth q,
p~,mt or place ~1 BkGINN[NG
I~unting? Apartment hunting? Barn hunting? Mortgage hunting?
;/REVIEW REAL ESTATE CLASSIFIEDS
are the hunter's handbook.
LEGALS...